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Full-Text Articles in Law

Changing Course Towards An Energy-Efficient Future, David R. Hodas Nov 2007

Changing Course Towards An Energy-Efficient Future, David R. Hodas

David R. Hodas

No abstract provided.


“Paper Battle On The River Uruguay; The International Dispute Surrounding The Construction Of Pulp Mills On The River Uruguay”, Maria A. Del-Cerro Apr 2007

“Paper Battle On The River Uruguay; The International Dispute Surrounding The Construction Of Pulp Mills On The River Uruguay”, Maria A. Del-Cerro

Maria A del-Cerro

Abstract This Comment explores the legality of the Uruguayan government’s decision to approve the construction of two pulp mill plants on the River Uruguay, and examines the related litigation currently pending before the International Court of Justice, “ICJ”. A review of international watercourse law assists in deciphering the parties’ substantive and procedural obligations under the 1975 Statute of the River Uruguay. The comment argues that Uruguay has fulfilled these obligations, while Argentina has not. The piece recommends that the ICJ resolve the dispute in favor of Uruguay, and adopt a more precise standard for determining when a state has complied …


Enacting Libertarian Property: Oregon's Measure 37 And Its Implications, Michael Blumm Jan 2007

Enacting Libertarian Property: Oregon's Measure 37 And Its Implications, Michael Blumm

Michael Blumm

In November 2004, for the second time in four years, Oregon voters opted for a radical initiative that is transforming development rights in the state. The full implications of this substantial change in property rights have yet to be fully realized, but it’s clear that the post-2004 land use world in Oregon will be dramatically different than the previous thirty years.

Land development rights in the state were significantly curtailed by a landmark law the Oregon legislature, encouraged by pioneering Governor Tom McCall, enacted in 1973. Implementation of that law survived three separate initiatives that sought to rescind it in …


Environmental Law In A Climate Change Age, David R. Hodas Jan 2007

Environmental Law In A Climate Change Age, David R. Hodas

David R. Hodas

No abstract provided.


Imagining The Unimaginable: Reducing Greenhouse Gas Emissions, David R. Hodas Jan 2007

Imagining The Unimaginable: Reducing Greenhouse Gas Emissions, David R. Hodas

David R. Hodas

No abstract provided.


Environmental Ethics And Cost-Benefit Analysis, Stephen Clowney Dec 2006

Environmental Ethics And Cost-Benefit Analysis, Stephen Clowney

Stephen Clowney

A heated debate has emerged among legal academics over the continued appropriateness of using cost-benefit analysis (CBA) as a decisionmaking tool in federal administrative agencies. Environmentalists and other progressive thinkers argue that regulators should abandon CBA in favor of more holistic procedures. In response, this manuscript provides three original defenses of cost-benefit analysis and hopes to show that CBA advances basic tenets of the environmental movement. Specifically, this Note argues that cost-benefit analysis 1) promotes thoughtful deliberation, 2) protects the dignity of those in contested policy debates, and, 3) improves the standing of environmental groups in the eyes of the …


Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez Dec 2006

Genetically Modified Organisms And Justice: The International Environmental Justice Implications Of Biotechnology, Carmen G. Gonzalez

Carmen G. Gonzalez

In September 2006, a WTO dispute settlement panel issued its long-awaited decision in favor of the United States in the dispute between the U.S. and the European Union over genetically modified organisms (GMOs). The ruling was based on narrow procedural grounds, and did not resolve the controversy over the safety of GMOs, over the right of countries to regulate GMOs more stringently than conventional products, or over the consistency of the EU's GMO regulatory regime with WTO requirements. The debate over GMOs continues unabated. Unfortunately, the high profile dispute between the U.S. and the EU has eclipsed the important debate …


Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach Dec 2006

Overcoming The Behavioral Impetus For Greater U.S. Energy Consumption, John C. Dernbach

John C. Dernbach

No abstract provided.


In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant Dec 2006

In The Heat Of The Law, It's Not Just Steam: Geothermal Resources And The Impact On Thermophile Biodiversity, Donald J. Kochan, Tiffany Grant

Donald J. Kochan

Significant research has been conducted into the utilization of geothermal resources as a ‘green’ energy source. However, minimal research has been conducted into geothermal resource utilization and depletion impacts on thermophile biodiversity. Thermophiles are organisms which have adapted over millions of year to extreme temperature and chemical compositions and exist in hot springs and other geothermal resources. Their ability to withstand high temperatures makes them invaluable to scientific and medical research. Current federal and California case law classify geothermal resources as a mineral, not a water resource. Acquisition of rights to develop a geothermal resource owned or reserved by the …