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Full-Text Articles in Law

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 …


Empower The Neighborhood And Save The City; Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl Aug 2011

Empower The Neighborhood And Save The City; Why Courts Should Permit Neighborhood Control Of Zoning, Kenneth A. Stahl

Kenneth Stahl

Whether cities should delegate zoning authority to neighborhood groups is one of the most hotly contested issues in municipal politics, yet it is also essentially a moot point. Since a bizarre series of Supreme Court cases in the early twentieth century, it has been largely settled that cities may not constitutionally delegate the zoning power to sub-municipal groups, at least where the power is delegated specifically to landowners in a certain proximity to a proposed land use change.

This article argues that courts have erred in prohibiting cities from devolving zoning control to proximate landowners, a scheme I designate a …


Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn May 2011

Sprawl In Canada And The United States (Powerpoint), Michael E. Lewyn

Michael E Lewyn

PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in the USA and (2) caused partially by government regulation.


The Bp Oil Spill: Marine Pollution, Admiralty Law And State Police Power Under The Oil Pollution Act Of 1990o, John J. Costonis Mar 2011

The Bp Oil Spill: Marine Pollution, Admiralty Law And State Police Power Under The Oil Pollution Act Of 1990o, John J. Costonis

John J. Costonis

ABSTRACT

Choice of law issues in marine pollution events engage federal admiralty/general maritime law, federal environmental legislation and the reserved powers of the states to protect their natural resources and economic welfare. Admiralty and general maritime law enjoyed center stage throughout the first two thirds of the last century. Federal marine pollution statutes were few and weak, and state initiatives were typically deemed preempted in all but the so-called “marine but local” cases. The equilibrium began to shift in favor of state police powers and federal environmental values in the mid-1960’s in consequence of the Supreme Court’s solicitude for the …


Strategic Spillovers, Daniel B. Kelly Mar 2011

Strategic Spillovers, Daniel B. Kelly

Daniel B Kelly

The traditional problem with externalities is well known: self-interested individuals and profit-maximizing firms often generate harm as an unintended byproduct of their use of property. I examine situations in which individuals and firms purposely seek to generate harm, in order to extract payments in exchange for desisting. Situations involving such “strategic spillovers” have received relatively little systematic attention, but the underlying problem is a perennial one. From the “livery stable scam” in Chicago during the nineteenth century to “pollution entrepreneurs” in China in the twenty-first century, various parties have an incentive to engage in externality-generating activities they otherwise would not …


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.


Who’S Afraid Of The Supremacy Clause? State Regulation Of Air Pollution From Offshore Ships Is Upheld In Pacific Merchant Shipping Association V. Goldstene, Jennifer Hammitt Dec 2010

Who’S Afraid Of The Supremacy Clause? State Regulation Of Air Pollution From Offshore Ships Is Upheld In Pacific Merchant Shipping Association V. Goldstene, Jennifer Hammitt

Jennifer Hammitt

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.