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Articles 571 - 600 of 1207
Full-Text Articles in Administrative Law
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
Public Land & Resources Law Review
The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat
Jurnal Hukum & Pembangunan
Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab
Jurnal Hukum & Pembangunan
The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini
Jurnal Hukum & Pembangunan
Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell
Public Land & Resources Law Review
No abstract provided.
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Exemplary Brief For Respondent, Skylee James, Lauren Bretz
Public Land & Resources Law Review
No abstract provided.
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase
Fordham Environmental Law Review
Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich
Fordham Environmental Law Review
When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao
Fordham Environmental Law Review
With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Food Price Narratives, Tammi S. Etheridge
Food Price Narratives, Tammi S. Etheridge
Scholarly Articles
The use of antitrust in the context of food is problematic because it so clearly violates the Consumer Welfare Standard as prescribed by the courts. Ultimately, antitrust rhetoric promoting ad nauseam enforcement will not improve consumer welfare. Advancing consumer welfare in the food industry must mean prioritizing lower food prices over some arbitrary threshold of market competition or protecting small farms. Courts can and should begin distinguishing these goals immediately.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Arizona V. Navajo Nation, Sarah K. Yarlott
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
Sackett V. Environmental Protection Agency, Meridian Wappett
Sackett V. Environmental Protection Agency, Meridian Wappett
Public Land & Resources Law Review
In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …
Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio
Henderson And The Objective Observer Standard: The Future Of Race-Conscious Standards Post-Students For Fair Admissions, Gabriela Dionisio
Seattle University Law Review
On June 29, 2023, the Supreme Court of the United States decided Students for Fair Admissions v. President & Fellows of Harvard College, which struck down race-conscious admissions policies. Within just a year after its ruling, Students for Fair Admissions has already had a sweeping impact, reaching beyond higher education. Although the Supreme Court did not indicate whether Students for Fair Admissions applies to sectors beyond higher education, law firms, and other employers have already modified their diversity policies and initiatives, erasing race and company diversity considerations. Given those dramatic changes, there is growing fear that Students for Fair Admissions …