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Full-Text Articles in Law

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens Jan 2018

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens

Articles

This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime ...


Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens Aug 2017

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.


Chair Message, Anastasia Telesetsky Aug 2017

Chair Message, Anastasia Telesetsky

Articles

No abstract provided.


The Global North, The Global South, And The Challenges Of Ensuring Due Diligence For Sustainable Fishing Governance, Anastasia Telesetsky Jul 2017

The Global North, The Global South, And The Challenges Of Ensuring Due Diligence For Sustainable Fishing Governance, Anastasia Telesetsky

Articles

No abstract provided.


U.S. Seafood Traceability As Food Law And The Future Of Marine Fisheries, Anastasia Telesetsky Jul 2017

U.S. Seafood Traceability As Food Law And The Future Of Marine Fisheries, Anastasia Telesetsky

Articles

No abstract provided.


Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky Jan 2017

Eco-Restoration, Private Landowners, And Overcoming The Status Quo Bias, Anastasia Telesetsky

Articles

No abstract provided.


Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long Jan 2017

Chile, The Biobio, And The Future Of The Columbia River Basin, Jerrold A. Long

Articles

No abstract provided.


Local Environmental Regulation In The Mountain West, Stephen R. Miller Jan 2017

Local Environmental Regulation In The Mountain West, Stephen R. Miller

Articles

This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are ...


Local Official And Climate Change, Stephen R. Miller Oct 2016

Local Official And Climate Change, Stephen R. Miller

Articles

It is well-known that land use patterns can affect climate change—particularly the relation between land use development and transportation infrastructure. Yet even the most aggressive efforts to address climate change have largely ignored land use. This disconnect was noted in the Intergovernmental Panel on Climate Change’s most recent series of reports, collectively known as the Fifth Assessment Report (AR5). This Article, adapted from Chapter 5 of Contemporary Issues in Climate Change Law & Policy (ELI Press 2016), seeks to make insights into land use development from the AR5 more readily accessible to the U.S. local official, with emphasis ...


Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely Oct 2016

Legislative History Of The Mccarran Amendment: An Effort To Determine Whether Congress Intended For State Court Jurisdiction To Extend To Indian Reserved Water Rights, Dylan R. Hedden-Nicely

Articles

The year 1976 marked a sea change in federal policy regarding the treatment of American Indian tribes and their water rights. In that year, the Supreme Court of the United States was called upon to determine the scope of the McCarran Amendment, a rider on a federal appropriations bill that waived the sovereign immunity of the United States in state court general stream adjudications “where it appears that the United States is the owner or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise.” The Supreme Court, in what has ...


Climate Change Insurance And Disasters: Is The Shenzen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky Jan 2016

Climate Change Insurance And Disasters: Is The Shenzen Social Insurance Program A Model For Adaptation?, Anastasia Telesetsky

Articles

As one of the most disaster-prone nations, China is grappling with creating effective adaptation strategies. In an effort to pool risk, Chinese officials are introducing new climate change insurance products. This Article describes one pilot product introduced in the City of Shenzhen, a global mega-city with a population of approximately fifteen million, and explores its strengths and weaknesses as a model for adaptation to climate change. This Article concludes with proposals for reducing risk within mega-cities and pooling risk among them.


Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens Jan 2016

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

Articles

Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western ...


Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky Jan 2016

Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky

Articles

International Disaster Law (IDL) and International Environmental Law (JEL) have developed as two separate subsets of public international law. IDL has until recently focused largely on developing effective disaster relief laws, while JEL has focused on addressing long-term transboundary environmental crises. This Article argues that the connection between the two legal regimes has been undervalued. Using the ecological case study of excess nutrients (e.g., nitrogen and phosphorus), this Article posits that almost forty years of international legal efforts have failed to reverse the current trend of increasing coastal "dead zones" due to the existence of a form of "bystander ...


Fulfilling The Human Right To Food And A Healthy Environment: Is It Time For An Agroecological And Aquaecological Evolution?, Anastasia Telesetsky Jan 2016

Fulfilling The Human Right To Food And A Healthy Environment: Is It Time For An Agroecological And Aquaecological Evolution?, Anastasia Telesetsky

Articles

No abstract provided.


Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long May 2015

Traveling To Chile To Learn About Idaho's Water Resource Issues, Jerrold A. Long

Articles

No abstract provided.


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky Jan 2015

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Articles

No abstract provided.


After "Whaling In The Antarctic": Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky Jan 2015

After "Whaling In The Antarctic": Amending Article Viii To Fix A Broken Treaty Regime, Anastasia Telesetsky

Articles

Since the global decline in commercial whaling, the International Whaling Commission (IWC) has been at the center of a long-standing debate between pro-whaling industry States and whale preservationist States that threatens to collapse the International Convention for the Regulation of Whaling (ICRW) as a treaty regime. This article describes the ongoing treaty regime disagreement that led to the International Court of Justice Whaling in the Antarctic case and suggests that the ICJ’s decision highlights further weaknesses in the existing ICRW treaty regime. The fissures in the treaty regime have become even more apparent with the IWC Scientific Committee’s ...


A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens Jan 2014

A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens

Articles

Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we ...


Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens Jan 2014

Adaptive Water Governance Project: Assessing Law, Resilience And Governance In Regional Socio-Ecological Water Systems Facing A Changing Climate, Barbara Cosens

Articles

No abstract provided.


Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens Jan 2014

Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens

Articles

No abstract provided.


A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble Jan 2010

A Fish Tale: A Small Fish, The Esa, And Our Shared Future, Dale Goble

Articles

No abstract provided.


Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens Jan 2010

Energy Independence: Challenges Facing The West In Adopting Alternative And Renewable Energy Sources, Barbara Cosens

Articles

No abstract provided.


The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble Jan 2009

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble

Articles

No abstract provided.


E-Mail To Rebecca, Dale Goble Jan 2007

E-Mail To Rebecca, Dale Goble

Articles

No abstract provided.


What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble Jan 2007

What Are Slugs Good For?: Ecosystem Services And The Conservation Of Biodiversity, Dale Goble

Articles

No abstract provided.


The Property Clause: As If Biodiversity Mattered, Dale Goble Jan 2004

The Property Clause: As If Biodiversity Mattered, Dale Goble

Articles

No abstract provided.


Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble Jan 2004

Three Cases/Four Tales: Commons, Capture, The Public Trust, And Property In Land, Dale Goble

Articles

No abstract provided.


Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble Jan 2002

Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble

Articles

No abstract provided.


The Eagle Bird: Mapping A New West, Dale Goble Jan 1993

The Eagle Bird: Mapping A New West, Dale Goble

Articles

No abstract provided.


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Jan 1987

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found ...