Law Commons^™

Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Reconceptualizing Environmental Challenges—Is Resilience The New Narrative?, Melinda Harm Benson

Journal of Environmental and Sustainability Law

No abstract provided.

Indigenous Adaptation In The Face Of Climate Change, Elizabeth Ann Kronk Warner

Journal of Environmental and Sustainability Law

No abstract provided.

Clarifying The Preemptive Scope Of Cercla Section 9658, Allison Tungate

Journal of Environmental and Sustainability Law

No abstract provided.

Making The Right Step Under The Wrong Authority: Kansas's Expansion Of Cercla To Include State Statutes Of Repose, Jafon Fearson

Journal of Environmental and Sustainability Law

No abstract provided.

What The Frack?! How Local Zoning Laws Keep Dangerous Mining Techniques Off Our Property, Scott Martin

Journal of Environmental and Sustainability Law

No abstract provided.

Rise Of The Super-Legislature: Demanding A More Exacting Monetary Exaction, Theodore Lynch

Journal of Environmental and Sustainability Law

No abstract provided.

Editor's Perspective

Journal of Environmental and Sustainability Law

No abstract provided.

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

The Balancing Act: Will Epa Be Allowed To Reach A Compromise Between Pro-Business And Pro-Environment?, Yelena Bosovik

Journal of Environmental and Sustainability Law

No abstract provided.

A Waste Of Time: Haromnizing The Comprehensive Environmental Response, Compensation, And Liability Act Under The Lens Of Federalism, Stephen M. Cady

Journal of Environmental and Sustainability Law

No abstract provided.

Timing Is Not On Your Side: Missouri Retroactively Limits Punitive Damages, Kayla Meine

Journal of Environmental and Sustainability Law

No abstract provided.

Oil Spills And Dishonesty: Did Bp Commit Securities Fraud Regarding Pipeline Leaks In Alaska?, Adam Wilson

Journal of Environmental and Sustainability Law

No abstract provided.

The Shortcomings Of The National Environmental Protection Act And Clean Water Act In Protecting Private Land, Brett Smith

Journal of Environmental and Sustainability Law

No abstract provided.

Murky Intentions: The Decision To Allow Subtherapeutic Use Of Antibiotics In Animal Feed, Kristina Youmaran

Journal of Environmental and Sustainability Law

No abstract provided.

November 2015

Headnotes

No abstract provided.

The Oedipus Hex: Regulating Family After Marriage Equality, Courtney Megan Cahill

Scholarly Publications

Now that national marriage equality for same-sex couples has become the law of the land, commentators are turning their attention from the relationships into which some gays and lesbians enter to the mechanisms on which they — and many others — rely in order to reproduce. Even as one culture war makes way for another, however, there is something that binds them: a desire to establish the family. This Article focuses on a problematic manifestation of that desire: the incest prevention justification. The incest prevention justification posits that the law ought to regulate alternative reproduction in order to minimize the …

Negotiated Solar Rights Conflict Resolution: A Comparative Institutional Analysis Of Public And Private Processes, Joshua M. Duke, Benjamin Attia

Journal of Environmental and Sustainability Law

No abstract provided.

Global Integrationist Multimodality: Global Environmental Governance And Fourth Generation Environmental Law, Andrew Long

Journal of Environmental and Sustainability Law

No abstract provided.

Title Page

Journal of Environmental and Sustainability Law

No abstract provided.

Blocking Eco-Patent Trolls: Using Federalism To Foster Innovation In Environmental Technology, Angelina M. Whitfield

Journal of Environmental and Sustainability Law

No abstract provided.

Pedr Is Important For Culture Change In Courts, John Lande

Faculty Blogs

This post highlights a report by the Institute for the Advancement of the American Legal System, Change the System, Change the Culture: Top 10 Cultural Shifts Needed to Create the Courts of Tomorrow. One of the recommended cultural shifts is “Dig Deep, Earlier: Lawyers need to develop a deep understanding of their case early in the process.”

The Three Worlds Of Multilevel Democracy: Local Linkages, Civil Society And The Development Of The Modern State, Jefferey Sellers, Anders Lidstrom, Yooil Bae

Research Collection School of Social Sciences

The Three Worlds of MultilevelDemocracydevelops and applies a novel theory of democratic governance. This theory incorporates micro-level patternsof governance and civic organization at the local scale into a comparative macro-analysisof national democratic institutions. Institutionsand politics at the micro-level of cities and communities provide the basis fora new perspective on national state-society relations. We demonstrate how these local patterns havedeveloped through historical processes that were often distinct from those thatgave rise to national democratic institutions, and analyze how they have shapeddemocratic institutions at the national level. These local patterns continue to account for significant cross-nationalcontrasts in the quality of democracy and …

A Benign Prior Restraint Rule For Public School Classroom Speech, Scott R. Bauries

Law Faculty Scholarly Articles

This Article is a contribution to a symposium on schools and free speech. It advances the claim that the First Amendment doctrines that apply to the classroom should adopt a benign prior restraint rule. In the case of teacher classroom speech, the Garcetti rule should apply where the government’s action in interfering with the speech constitutes a prior restraint—the First Amendment should not reach such interference. In cases where a teacher first speaks and then is later punished for that speech, however, basic notions of due process and the dangers of arbitrary governmental decision making are far more pressing, and …

Carbon-Tuning New York’S Electricity System: Uncovering New Opportunities For Co2 Emissions Reductions, Nick Martin

Environmental Law Program Publications @ Haub Law

Distributed energy resources (DER), including technologies and services such as behind-the-meter generation, demand response, energy management, and energy efficiency, are touted as effective ways to improve electric system efficiencies and reduce harmful air emissions. The New York State Public Service Commission’s landmark Reforming the Energy Vision (REV) proceeding aims to unleash competitive forces that will invest in DER across the state with the explicit goal of reducing customer bills and the environmental impact of electricity production.

As initiatives like New York’s REV continue, understanding the emission impacts of DER deployment becomes vital to ensure these efforts achieve the greatest environmental …

The Clean Power Plan Puzzle: The Future Of Efforts To Control Climate Pollution In The Northeast, David Gahl, Pearl Gray, Nick Martin

Environmental Law Program Publications @ Haub Law

In October 2015 the U.S. Environmental Protection Agency (EPA) finalized the first national plan to cut climate pollution from power plants. Called the Clean Power Plan (CPP), the effort requires a 32% nation-wide reduction in greenhouse gas (GHG) emissions from the power sector. The CPP also gives states multiple pathways to comply. Now states are on the clock: they must submit their individual compliance plans or signal their intent to submit multi-state plans by September 2016.

The nine states participating in the Regional Greenhouse Gas Initiative (RGGI), the first market-based trading platform established to cut climate pollution from power plants …

Fiduciary Governance, Andrew S. Gold, Paul B. Miller

Faculty Scholarship

No abstract provided.

Returning To Eden: Toward A Faith-Based Framing Of The Environmental Movement, Chika Okafor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Against The Current: Five States' Upstream Battle Against An Aquatic Nuisance Invasion In Michigan V. United States Army Corps Of Engineers, Joseph J. Clemente

Villanova Environmental Law Journal (1991 - )

No abstract provided.