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Full-Text Articles in Law

Pining For Sustainability, Timothy M. Mulvaney Jul 2015

Pining For Sustainability, Timothy M. Mulvaney

Timothy M. Mulvaney

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically …


Instream Flows And The Public Trust, Timothy M. Mulvaney Jul 2015

Instream Flows And The Public Trust, Timothy M. Mulvaney

Timothy M. Mulvaney

Empirical evidence suggests that diversion of instream flows for human use, coupled with the potential impacts of changing climatic conditions, is threatening the sustainability of aquatic life. Nonetheless, several states merely prevent stream flows from being reduced below the "7Q10 flow," or the average flow during the driest consecutive seven-day period that has a likelihood of recurring only once every ten years. Overwhelming scientific consensus suggests that 7Q10 merely preserves water quality standards by calculating the concentration of pollutants in point source discharges, without considering water quantity and numerous other core principles of instream management.

The protection of instream flows …


Temporary Takings, More Or Less, Timothy M. Mulvaney Dec 2014

Temporary Takings, More Or Less, Timothy M. Mulvaney

Timothy M. Mulvaney

Modern Fifth Amendment Takings Clause jurisprudence can pose significant obstacles to innovative government actions to manage and protect land and other environmental resources in the face of a changing climate. While many of the U.S. Supreme Court’s takings dictates have served to depress regulatory experimentation, the principle of retroactive “temporary takings” compensation seemingly remains the most chilling for government officials seeking to employ new regulatory tools. This chapter introduces a conception of ownership grounded in humility, that is, a conception that recognizes the limited reach of human knowledge and the mutability of normative positions. It suggests that such a conception …