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Full-Text Articles in Law

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase Jun 2024

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …


Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich Jun 2024

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …


Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao Jun 2024

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …


Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber Jun 2024

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.


Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton Jun 2024

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.


Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu Jun 2024

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.


Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani Jun 2024

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.


The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin Jun 2024

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter Jun 2024

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur May 2024

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal

No abstract provided.


Remarks At The Eugene Kuntz Award Reception, Eric King May 2024

Remarks At The Eugene Kuntz Award Reception, Eric King

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec May 2024

Balancing On The Knife’S Edge: Subject Matter Jurisdiction In Climate Tort Litigation, Alli Niemiec

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller May 2024

Risky Business: Shining A Light With Corporate Climate-Related Disclosures In An Age Of Agency Skepticism, Brie Strickland Miller

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman May 2024

It’S Not Easy Going Green: An Analysis Of The Greenwashing Phenomenon And Its Place In Federal Court Through The Case Of Mass. V. Exxonmobil Corp., Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks May 2024

East Asian Energy Transition: Opportunities, Challenge, And The Paris Agreement, Kody Hicks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza May 2024

Public Or Private? It Doesn’T Matter: An Analysis Of The Court/Agency Relationship As To The Issue Of Operator Designation, Kyle Garza

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction & Front Pages, Kelsey Lauerman May 2024

Editor's Introduction & Front Pages, Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer May 2024

Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer

Public Land & Resources Law Review

The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.


Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali May 2024

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.


Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee May 2024

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …


Reno-Sparks Indian Colony V. Haaland, William N. Rose May 2024

Reno-Sparks Indian Colony V. Haaland, William N. Rose

Public Land & Resources Law Review

Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.


Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis May 2024

Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis

Brooklyn Journal of International Law

NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …


Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela May 2024

Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela

Brooklyn Journal of International Law

Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …


Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts Apr 2024

Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts

St. Mary's Law Journal

No abstract provided.


What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward Apr 2024

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.


Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer Apr 2024

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.


Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier Apr 2024

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.


States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy Apr 2024

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.


Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer Apr 2024

Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members Apr 2024

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.