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Full-Text Articles in Law

Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson Jan 2020

Administrative Law's Extraordinary Cases, Jonathan Skinner-Thompson

Articles

The Supreme Court's major questions doctrine is grounded in the Chevron framework. Reconstituting it as a "major rules" exception to Chevron or as a non-delegation principle are misguided and create greater uncertainty.


The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy Jan 2019

The Use Of Courts To Protect The Environmental Commons, Lakshman Guruswamy

Articles

No abstract provided.


Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy Jan 2019

Sustainable Development: Energy, Justice, And Women, Lakshman Guruswamy

Articles

This article will first offer a functional synopsis relevant to its remit, of the concept of sustainable development (SD) embodied in international law and policy that reflects a tension between economic and social claims as contrasted with environmental protection. While the dominant place acquired by the economic and social dimensions of SD will be recognized, it will argue consistent with the predicate of justice discussed in the article, that the protection of the human environment encompasses the plight of the energy poor and their women and children. Second, the article will delineate the contours of one of the great developmental ...


Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd Jan 2016

Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd

Articles

How will big data impact environmental law in the near future? This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals. It assumes the perspective of an historian looking back from the end of the twenty-first century at the evolution of environmental law during the late twentieth and early twenty-first centuries. The premise of the Essay is that big data will drive a major shift in the underlying knowledge practices of environmental law (along with other areas ...


Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd Jan 2012

Genealogies Of Risk: Searching For Safety, 1930s-1970s, William Boyd

Articles

Health, safety, and environmental regulation in the United States are saturated with risk thinking. It was not always so, and it may not be so in the future. But today, the formal, quantitative approach to risk provides much of the basis for regulation in these fields, a development that seems quite natural, even necessary. This particular approach, while it drew on conceptual and technical developments that had been underway for decades, achieved prominence during a relatively short timeframe; roughly, between the mid-1970s and the early 1980s--a time of hard looks and regulatory reform. Prior to this time, formal conceptions of ...


The Judicial Assault On The Clean Water Act, Mark Squillace Jan 2012

The Judicial Assault On The Clean Water Act, Mark Squillace

Articles

No abstract provided.


Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner Jan 2011

Who Killed The Hybrid Car? State And Local Green Incentive Programs After Metropolitan Taxicab V. City Of New York, Jonathan Skinner

Articles

Unnecessarily broad preemption ruling under the Energy Policy and Conservation Act discourages other states and municipalities from pursuing innovative, environmentally beneficial policies.


The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman Jan 2011

The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman

Articles

Over the last several years, so-called carbon markets have emerged around the world to facilitate trading in greenhouse gas credits. This Article takes a close look at an unexpected and unprecedented development in some of these markets--premium "green" currencies have emerged and, in some cases, displaced standard compliance currencies. Past experiences with other environmental compliance markets, such as the sulfur dioxide and wetlands mitigation markets, suggest the exact opposite should be occurring. Indeed, buyers in such markets should only be interested in buying compliance, not in the underlying environmental integrity of the compliance unit. In some of the compliance carbon ...


Note, A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner Jan 2010

Note, A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner

Articles

The WTO framework can accommodate enforceable environmentally protective measures.


Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd Jan 2010

Ways Of Seeing In Environmental Law: How Deforestation Became An Object Of Climate Governance, William Boyd

Articles

Few areas of law are as deeply implicated with science and technology as environmental law, yet we have only a cursory understanding of how science and technology shape the field. Environmental law, it seems, has lost sight of the constitutive role that science and technology play in fashioning the problems that it targets for regulation. Too often, the study and practice of environmental law and governance take the object of governance--be it climate change, water pollution, biodiversity, or deforestation--as self-evident, natural, and fully-formed without recognizing the significant scientific and technological investments that go into making such objects and the manner ...


Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd Jan 2010

Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd

Articles

The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in CancĂșn, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little ...


The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches Jan 2005

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Articles

No abstract provided.


Energy, Environment & Sustainable Development, Lakshman D. Guruswamy Jan 2005

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Articles

No abstract provided.


Note, Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle Jan 2004

Note, Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Articles

No abstract provided.


Note, Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd Jan 2002

Note, Controlling Toxic Harms: The Struggle Over Dioxin Contamination In The Pulp And Paper Industry, William Boyd

Articles

This essay addresses the challenges of controlling toxic harms through an intensive case study of efforts to regulate and remedy dioxin contamination in the U.S. pulp and paper industry. By focusing on the struggle to control a specific toxic harm in a specific industrial sector, the essay explores the politicized nature of toxic harms in the United States and, in the process, highlights the considerable shortcomings of existing legal frameworks and institutions for dealing with problems of such scope and complexity. In doing so, the essay raises a host of normative issues regarding current institutional arrangements and the appropriate ...


Cartography Of Governance: An Introduction, Lakshman D. Guruswamy Jan 2002

Cartography Of Governance: An Introduction, Lakshman D. Guruswamy

Articles

No abstract provided.


Integration & Biocomplexity, Lakshman Guruswamy Jan 2001

Integration & Biocomplexity, Lakshman Guruswamy

Articles

Sustainable development (SD) is premised on the inescapable and integral role played by humans in shaping and impacting the natural world and has been recognized as a foundational norm of international environmental law and policy. Ecologicalism - an outlook that embraces a comprehensive approach to interdependent natural and human systems - provides the conceptual underpinnings for a creative and integrated environmental management philosophy for implementing SD. This Article argues that the daunting task of defining and applying such an integrated approach and philosophy to the multiple interacting changes affecting planetary life support systems can benefit from the U.S. experience in addressing ...


The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy Jan 2000

The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy

Articles

No abstract provided.


Book Review, Lakshman D. Guruswamy Jan 1996

Book Review, Lakshman D. Guruswamy

Articles

No abstract provided.


An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace Jan 1995

An American Perspective On Environmental Impact Assessment In Australia, Mark Squillace

Articles

No abstract provided.


The Case For Integrated Pollution Control, Lakshman Guruswamy Jan 1991

The Case For Integrated Pollution Control, Lakshman Guruswamy

Articles

No abstract provided.


Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy Jan 1991

Energy And The Environment: Confronting Common Threats To Security, Lakshman Guruswamy

Articles

No abstract provided.


Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy Jan 1990

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Articles

No abstract provided.


Integrated Pollution Control: The Way Forward, Lakshman Guruswamy Jan 1989

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Articles

No abstract provided.


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson Jan 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Articles

No abstract provided.


Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Articles

No abstract provided.


Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Articles

No abstract provided.


Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy Jan 1985

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

Articles

No abstract provided.


Book Review, Howard C. Klemme Jan 1982

Book Review, Howard C. Klemme

Articles

No abstract provided.


Preface: On Natural Resources As An Area Of The Law, David H. Getches Jan 1982

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Articles

No abstract provided.