Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Beneficial Use (1)
- Bottled Water (1)
- Climate change (1)
- Compensatory storage (1)
- Crisis (1)
-
- Cultural Norms (1)
- Deregulation (1)
- Dormant Commerce Clause (1)
- Environmental Protection Agency (1)
- Environmental crisis (1)
- Environmental deficit (1)
- Environmental law (1)
- Financial crisis (1)
- Nestle Waters (1)
- Nova Group (1)
- Preferred Uses (1)
- Public Interest (1)
- Reasonable Use (1)
- Regulation (1)
- Riparianism (1)
- Sporhase v. Nebraska ex rel. Douglas (1)
- Sustainabilty (1)
- Transfer typology (1)
- Water (1)
- Water Allocation (1)
- Water Law (1)
- Water export regulation (1)
- Water markets (1)
- Water rights (1)
- Water transfers (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Christine A. Klein
As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine A. Klein
The Environmental Deficit: Applying Lessons From The Economic Recession, Christine A. Klein
Christine A. Klein
In 2007, the nation entered its greatest financial downturn since the Great Depression of the 1930s. What followed was a period of national introspection. Although prescriptions for financial rescue varied widely in the details, a surprisingly broad consensus emerged as to the underlying pathology of the crisis. This Article explores three principal contributing factors and the lessons associated with each that make up this pathology. These factors include: rejecting rules through deregulation, trivializing risk through overly optimistic analyses, and overconsumption supported by reckless borrowing and lending practices. The powerful lessons from this pathology, considered by a stunned nation in the …
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein
Christine A. Klein
Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C of …
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Christine A. Klein
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …