Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson
From Climate Change And Hurricanes To Ecological Nuisances: Common Law Remedies For Public Law Failures?, Stephen M. Johnson
Articles
Part I of this article explores the role that the common law played in addressing environmental problems prior to the development of a robust public law regime in the 1970s and the changing role of common law as the new regime was implemented. Part II of the article examines the reasons why there has been a renaissance in common law actions and why the trend could continue. Part III of the article discusses the recent federal appellate court decisions that could accelerate the common law renaissance, as well as some other recent federal court decisions that could slow the renaissance. …
If You Build It, They Will Come: Preserving Tribal Sovereignty In The Face Of Indian Casinos & The New Premium On Tribal Membership, Suzianne Painter-Thorne
If You Build It, They Will Come: Preserving Tribal Sovereignty In The Face Of Indian Casinos & The New Premium On Tribal Membership, Suzianne Painter-Thorne
Articles
This Article considers recent disputes over membership decisions made by American Indian tribal governments. Since Congress passed the Indian Gaming Regulatory Act in 1988, Indian casinos have flourished on some tribal reservations. Some argue that the new wealth brought by casinos has increased fights over membership as tribes seek to expel current members or refuse to admit new members. It is difficult to discern whether there are more disputes over tribal enrollment as a consequence of gaming or whether such disputes are now more public because gaming has brought tribes to the forefront of U.S. culture. What is clear is …
The Roberts Court And The Environment, Stephen M. Johnson
The Roberts Court And The Environment, Stephen M. Johnson
Articles
During the October 2008 Term, the Supreme Court decided five cases that raised issues of environmental law and the environment was the loser in each case. While it may be difficult to characterize the decisions of the Roberts Court, generally, as “pro-environment” or “antienvironment,” a couple themes consistently appear in the Court’s decisions. First, in most of the environmental cases, the Court has adopted a position advocated or defended by a federal, state or local government when governmental interests are at issue. Second, in all of the cases that implicate federalism concerns, the Court has rendered decisions that favor States’ …