Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Stop The Stop The Beach Plurality!, J. Peter Byrne
Stop The Stop The Beach Plurality!, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.
The Evolution Of International Environmental Law, Edith Brown Weiss
The Evolution Of International Environmental Law, Edith Brown Weiss
Georgetown Law Faculty Publications and Other Works
In the last forty years, international environmental law has evolved rapidly, as environmental risks have become more apparent and their assessment and management more complex. In 1972, there were only a few dozen multilateral agreements, and most countries lacked environmental legislation. In 2011, there are hundreds of multilateral and bilateral environmental agreements and all countries have one or more environmental statutes and/or regulations. Many actors in addition to States shape the development, implementation of, and compliance with international environmental law. Moreover, environment is increasingly integrated with economic development, human rights, trade, and national security. Analyzing the evolution of international environmental …