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Full-Text Articles in Law
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
Journal Articles
The 'We Are Still In' movement raised novel and urgent questions about the status of executive agreements, treaties, and customary international law in U.S. courts. As sub-national governments increasingly face difficult trade-offs between climate change mitigation and adaptation, American courts will confront challenges thereto likely grounded in various types of "dormant" preemption of state and local initiatives. This symposium essay argues that our courts must first situate sub-national actions on climate mitigation within a complex and evolving context of mitigation as a globally-scaled collective good that can only be provided if contributions thereto accumulate over time. They must also avoid …
Don't Go In The Water: On Pathological Jurisdiction Splitting, Jamison E. Colburn
Don't Go In The Water: On Pathological Jurisdiction Splitting, Jamison E. Colburn
Journal Articles
Waters and water rights have endured (or induced) a uniquely pathological tendency in our tradition to split up the authority to declare the operative legal interests therein. By studying three seemingly unrelated areas of waters and water rights law, this tendency is brought out in its essence and linked to explicit foundations and likely causes. Ultimately, this kind of extreme jurisdiction splitting is rendering our waters ungovernable, forcing even the most basic legal questions to go undecided. The last part of the article introduces three different reform pathways but cautions against the search for quick fixes of any kind.