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Full-Text Articles in Law

State Innovation On Climate Change: Reducing Emissions From Key Sectors While Preparing For A New Normal, Gabriel Pacyniak Jul 2016

State Innovation On Climate Change: Reducing Emissions From Key Sectors While Preparing For A New Normal, Gabriel Pacyniak

Faculty Scholarship

Climate change is a global phenomenon that is causing sea levels to rise, floods and droughts to become more severe, and countless other impacts. States are implementing many innovative initiatives that are helpful models for other state and federal action—catalyzing changes well beyond their borders. State and local governments possess important legal authorities in areas such as utilities regulation, infrastructure investment, and land use—governing important policies, programs and investments that have long-term consequences in the fight against climate change. More recently, states have begun to undertake efforts to prepare for the consequences of climate change—developing “adaptation plans” aimed at increasing …


Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa Apr 2016

Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa

Faculty Scholarship

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.


The Dawning Of Disaster Law, Clifford J. Villa Jan 2016

The Dawning Of Disaster Law, Clifford J. Villa

Faculty Scholarship

What really matters, what unites disasters of all stripes, including earthquakes in Japan, tornadoes in Oklahoma, oil spills in the Gulf of Mexico, and the terrorist attacks on 9/11, is how you respond during the disaster, how you recover from it afterwards, and how you prepare - or better, prevent - the next disaster from happening. This is what disaster theorists, including Professor Dan Farber at Berkeley Law, term the "disaster cycle." In simplest terms: readiness, response, and recovery.


Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley Jan 2016

Biagaweit: Securing Water From The Mighty River In The Snake River Basin Adjudication, Jeanette Wolfley

Faculty Scholarship

This symposium article describes the Shoshone and Bannock peoples journey to quantify their water rights in the SRBA. It begins with the Shoshone-Bannock Tribal cultural perspective on water and water rights. It then discusses the concept of tribal homelands and the water required and necessary for sustaining a tribally reserved home as guaranteed in the Fort Bridger Treaty of 1868, including a discussion of the Winters doctrine which affirms the treaty's promises. It concludes with a review of the Fort Hall Indian Water Rights Agreement. 'Biagaweit' is the Shoshone word for the Snake River. The mighty Snake River begins its …