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Full-Text Articles in Law

Global Environmental Constitutionalism, Erin Daly, James May Oct 2014

Global Environmental Constitutionalism, Erin Daly, James May

Erin Daly

No abstract provided.


Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl Dec 2013

Allocating Responsibilities For Environmental Cleanup Liabilities Through Purchase Price Discounts, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly Dec 2013

The Future We Want And Constitutionally Enshrined Procedural Rights In Environmental Matters, James May, Erin Daly

Erin Daly

No abstract provided.


Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, Evgenia Pavlovskaia Dec 2013

Mechanisms To Control The Fulfillment Of The Eu Sustainability Criteria For Transport Biofuels In Directive 2009/28/Ec, Evgenia Pavlovskaia

Evgenia Pavlovskaia

To function efficiently, a framework in environmental law should contain certain mechanisms or supplementary elements that facilitate the implementation and enforcement of environmental regulations, for example such mechanisms and elements that answer for the control and supervision of the legislated requirements. Appropriately organized control mechanisms are important for a legal framework to function as it has been aimed for and to fulfill its purposes. The present article is focused on the analysis of the mechanisms chosen to control the fulfillment of the European Union (EU) sustainability criteria for transport biofuels, which have been presented in Directive 2009/28/EC. The analysis is …


The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, Evgenia Pavlovskaia Dec 2013

The Eu Policy For Sustainable Transport Biofuels And Directive 2009/28/Ec From A Legal Perspective, Evgenia Pavlovskaia

Evgenia Pavlovskaia

The enforcement and implementation of separate aspects of sustainable development and environmental sustainability can be challenging and innovative due to the complexity of this task. Appropriate policy and legal approaches and tools can be needed for this purpose. In this article, the European Union (EU) experience of developing the framework for sustainable transport biofuels and special structural elements for its enforcement are highlighted and analyzed. The central legal acts in this area, including Directive 2003/30/EC, Directive 2009/30/EC and Directive 2009/28/EC are explored. Advantages and disadvantages of the EU approach to sustainable transport biofuels are discussed. Suggestions for the future development …


Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach Dec 2012

Committee On Climate Change, Sustainable Development, And Ecosystems: 2012 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach May 2012

Acting As If Tomorrow Matters: Accelerating The Transition To Sustainability, John Dernbach

John C. Dernbach

No abstract provided.


The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly Mar 2012

The Ecuadorian Exemplar: The First Ever Vindications Of Constitutional Rights Of Nature, Erin Daly

Erin Daly

The 'Sala de le Corte Provincial' - a provincial court in Ecuador - became the first court ever to vindicate the recently constitutionalized rights of nature. Recognizing the indisputable importance of the rights of nature for present and future generations, the court held the provincial government liable for flooding damages caused by dumping of construction debris. This judicial victory is arguably overshadowed by challenges facing the plaintiffs in seeing the courts order enforced, however. A subsequent case bears witness to the judiciary’s vindication of rights of nature in Ecuador with ever increasing legal effect.


International Order Without Law: The Power Of Soft Law In Global Governance, Andrew Guzman, Timothy Meyer Dec 2011

International Order Without Law: The Power Of Soft Law In Global Governance, Andrew Guzman, Timothy Meyer

Andrew T Guzman

No abstract provided.


Legal Education For Sustainability: A Report On Us Progress, John Dernbach Aug 2011

Legal Education For Sustainability: A Report On Us Progress, John Dernbach

John C. Dernbach

This article is an overview of sustainability efforts in US law schools. It describes two sets of drivers for these efforts—inside and outside the legal profession. Drivers from within the legal profession include the American Bar Association as well as several state and local bar associations; law firms and other law organisations; and current and prospective law students. Drivers from outside the legal profession include clients, universities and colleges, nongovernmental organisations, and government. This article then describes what US law schools are now doing in the areas of curriculum, research, buildings and operations, community outreach and service, student life, and …


Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner Feb 2011

Brief Of Law Professors As Amici Curiae In Support Of Respondents, American Electric Power Co. V. State Of Connecticut, No. 10-174, James R. May, Stuart Banner

James R. May

No abstract provided.


Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach Dec 2010

Climate Change, Sustainable Development, And Ecosystems: 2010 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss Dec 2010

Learning From The Global Trade Regime: A Proposal To Help Ameliorate Climate Change By Giving The International Court Of Justice Universal Advisory Jurisdiction, Andrew Strauss

Andrew L. Strauss

No abstract provided.


Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas Dec 2010

Book Review: Crucial Issues In Climate Change And The Kyoto Protocol: Asia And The World (Koh Kheng-Lian, Lye Lin-Heng And Jolene Lin (Eds)), David Hodas

David R. Hodas

No abstract provided.


Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl Dec 2010

Cleaning Up Our Rivers, Lakes, And Streams: Water Quality And Widener, Kenneth Kristl

Kenneth T Kristl

No abstract provided.


Cases And Materials On Environmental Law 2nd Edition, Oscar Gray Mar 2010

Cases And Materials On Environmental Law 2nd Edition, Oscar Gray

Oscar S. Gray

No abstract provided.


Legal Questions And Scientific Answers: Ontological Differences And Epistemic Gaps In The Assessment Of Causal Relations, Lena Wahlberg Dec 2009

Legal Questions And Scientific Answers: Ontological Differences And Epistemic Gaps In The Assessment Of Causal Relations, Lena Wahlberg

Lena Wahlberg

A large number of legal rules create an obligation to prevent, repair or otherwise mitigate damage to human health or the environment. Many of these rules require that a legally relevant causal relation between human behaviour and the damage at issue is established, and in the establishment of causal relations of this kind scientific information is often pressed into service. This thesis examines this specifically legal use of scientific information. It shows that many legally relevant causal relations cannot be established in this way. It also shows that the legal strategy for dealing with epistemic difficulties (uncertainty and ignorance) by …


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Nov 2009

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

Kenneth T Kristl

No abstract provided.


Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach Mar 2009

Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach

John C. Dernbach

No abstract provided.


Sustainable America Is Achievable In Our Lifetime, John Dernbach Mar 2009

Sustainable America Is Achievable In Our Lifetime, John Dernbach

John C. Dernbach

No abstract provided.


Smart Use Of Resources Makes Good Economic Sense, John Dernbach Mar 2009

Smart Use Of Resources Makes Good Economic Sense, John Dernbach

John C. Dernbach

No abstract provided.


Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May Dec 2008

Climate Change Litigation – Power Point Slides, Chapter Three, David Hodas, Kenneth Kristl, James May

David R. Hodas

No abstract provided.


Engaging Individuals In Climate Change Mitigation, John Dernbach Dec 2007

Engaging Individuals In Climate Change Mitigation, John Dernbach

John C. Dernbach

No abstract provided.


Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach Feb 2007

Guest Perspective: Energy Efficiency And Conservation: The Most Cost-Effective Approach To Climate Change, John Dernbach

John C. Dernbach

No abstract provided.


State Initiatives, David Hodas Dec 2006

State Initiatives, David Hodas

David R. Hodas

No abstract provided.


U.S. Policy, John Dernbach Dec 2006

U.S. Policy, John Dernbach

John C. Dernbach

No abstract provided.


Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach Dec 2005

Committee On Climate Change And Sustainable Development: 2005 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


Climate Change And Land Use In Africa, David Hodas Dec 2005

Climate Change And Land Use In Africa, David Hodas

David R. Hodas

Sub-Saharan Africa faces a major development crisis due to the global climate crisis and rising prices for fossil fuels. By 2030, the world’s energy needs will be 30 percent greater than they are now. This will frustrate Africa’s plans for rapid economic and technological expansion, which are based on the dominant low-cost fossil fuel model. Climate change is also become pressing policy issues. Although Sub-saharan nations emit very little carbon dioxide, their reliance on livestock and agriculture as commercial resources, results in relatively high level of methane and nitrous oxide emission rate. The IPCC has predicted that climate change will …


Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach Dec 2003

Committee On Climate Change And Sustainable Development: 2003 Annual Report, John Dernbach

John C. Dernbach

No abstract provided.


A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman Dec 2003

A Fistful Of Denial: The Supreme Court Takes A Pass On Commerce Clause Challenges To Environmental Laws, John Eastman

John C. Eastman

Ever since the Supreme Court's landmark decision in United States v. Lopez invalidating the Gun-Free School Zones Act as beyond the scope of Congress's Commerce Clause power, scholarly commentators from both sides of the ideological spectrum have wondered whether the Court would apply the reasoning of that case in the context of federal environmental laws. Many agreed that, if faithfully applied, Lopez sounded a death knell for a slew of environmental legislation that had at best only a tenuous connection with interstate commerce. For some, that was even more reason to deride the Lopez decision, but for originalists, it was …