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Full-Text Articles in Law
Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey
Tightening The Legal ‘Net’: The Constitution’S Supremacy Clause Straddle Of The Power Divide, Steven Ferrey
Michigan Journal of Environmental & Administrative Law
This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge.
If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. …
Is Climate Change A Threat To International Peace And Security?, Mark Nevitt
Is Climate Change A Threat To International Peace And Security?, Mark Nevitt
Michigan Journal of International Law
The climate-security century is here. Both the United Nations Intergovernmental Panel on Climate Change (“IPCC”) and the U.S. Fourth National Climate Assessment (“NCA”) recently sounded the alarm on climate change’s “super-wicked” and destabilizing security impacts. Scientists and security professionals alike reaffirm what we are witnessing with our own eyes: The earth is warming at a rapid rate; climate change affects international peace and security in complex ways; and the window for international climate action is slamming shut.
The Rule Of Five Guys, Lisa Heinzerling
The Rule Of Five Guys, Lisa Heinzerling
Michigan Law Review
A Review of The Rule of Five: Making Climate History at the Supreme Court. by Richard J. Lazarus.