Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (832)
- American University Washington College of Law (446)
- Seattle University School of Law (216)
- University of Colorado Law School (88)
- Barry University School of Law (46)
-
- University of New Mexico (33)
- Villanova University Charles Widger School of Law (29)
- Pace University (20)
- BLR (18)
- University of Miami Law School (17)
- Texas A&M University School of Law (16)
- Yeshiva University, Cardozo School of Law (16)
- Roger Williams University (15)
- Northwestern Pritzker School of Law (10)
- University of Arkansas, Fayetteville (10)
- Schulich School of Law, Dalhousie University (8)
- Brooklyn Law School (7)
- Georgetown University Law Center (7)
- Universitas Indonesia (7)
- William & Mary Law School (7)
- Florida State University College of Law (6)
- Maurer School of Law: Indiana University (6)
- University at Buffalo School of Law (6)
- Pepperdine University (5)
- University of Montana (5)
- University of Richmond (5)
- Boston University School of Law (4)
- Notre Dame Law School (4)
- University of Maine School of Law (4)
- University of South Carolina (4)
- Keyword
-
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (385)
- Environmental law (304)
- International law (257)
- CAO (253)
-
- Accountability (252)
- IFC (251)
- World bank (250)
- Inc. (73)
- Climate change (65)
- Texas (48)
- Student comment (46)
- Environment (41)
- Environmental justice (38)
- Environmental Law (36)
- Texas Supreme Court (34)
- Water (31)
- Law (30)
- Sustainability (29)
- EPA (28)
- Law and Society (28)
- Regulation (27)
- West (27)
- Global warming (25)
- United States (25)
- Colorado (24)
- Resources (24)
- American West (22)
- First Amendment (22)
- Fourteenth Amendment (22)
- Publication Year
- Publication
-
- St. Mary's Law Journal (831)
- Seattle University Law Review (188)
- Sustainable Development Law & Policy (184)
- IFC E&S Performance Standards (163)
- CAO General 1999-Present (77)
-
- Environmental and Earth Law Journal (EELJ) (44)
- Water Matters! (32)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Villanova Environmental Law Journal (1991 - ) (28)
- Faculty Scholarship (27)
- SITIE Symposiums (24)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (23)
- ExpressO (18)
- Elisabeth Haub School of Law Faculty Publications (16)
- WBIP Creation Up To 1993 (14)
- University of Miami Law Review (12)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (11)
- Journal of Food Law & Policy (10)
- Life of the Law School (1993- ) (10)
- Northwestern University Law Review (8)
- Articles (7)
- Cardozo Law Review (7)
- Georgetown Law Faculty Publications and Other Works (7)
- Pepperdine Law Review (5)
- Public Land & Resources Law Review (5)
- University of Richmond Law Review (5)
- William & Mary Environmental Law and Policy Review (5)
- Brooklyn Journal of Corporate, Financial & Commercial Law (4)
- CEES: The Center for Energy & Environmental Security [Newsletter] (2008) (4)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- Publication Type
- File Type
Articles 841 - 870 of 1969
Full-Text Articles in Environmental Law
Offsetting And The Consumption Of Social Responsibility, Ezra Rosser
Offsetting And The Consumption Of Social Responsibility, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This Article examines the relationship between individual consumption and consumption-based harms by focusing on the rise in consumption offsetting. Carbon offsets are but the leading edge of a rise in consumer options for offsetting externalities associated with consumption. Moving from examples of quasi offsetting to environmental offsetting and the possibility of poverty offset institutions, I argue that offsetting provides a valuable mechanism for individuals to correct for the harms associated with consumption. This Article makes two major contributions to how we understand the relationship between consumption and social responsibility. First, it identifies an emerging offsetting phenomenon in seemingly discrete market …
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott
A Primer On Batson, Including Discussion Of Johnson V. California, Miller-El V. Dretke, Rice V. Collins, & Synder V. Louisiana., Mikal C. Watts, Emily C. Jeffcott
St. Mary's Law Journal
Fundamental to the existence of the rights guaranteed to every citizen is the assurance that the right to equal protection under the law will be defended at all costs. Key to the United States’ system of adjudication is the right to a trial by jury, which is embodied in the Sixth and Seventh Amendments to the Constitution. These rights are also incorporated into all state constitutions through the Fourteenth Amendment. During jury selection, the judicial system permits the elimination of a certain number of jurors without cause. This form of elimination is known as a peremptory challenge. Over time, however, …
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones
Texas Civil Practice & Remedies Code Sec. 41.0105: A Time For Clarification Comment., April Y. Quinones
St. Mary's Law Journal
The language of the Texas Civil Practice and Remedies Code § 41.0105 is by no means clear. Most Texas practitioners refer to it as the “paid-or-incurred statute.” This is due to the statue stating that recovery of medical or health care expenses are limited to the amount actually paid or incurred by or on behalf of the claimant. Yet, Texas trial lawyers and judges are perplexed by what the statute truly means. Causing further concern, most Texas practitioners do not appear to understand how the statute should be applied. At the center of the debate lies the collateral-source rule and …
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert
Congress's Consistent Intent To Utilize Military Commissions In The War Against Al-Qaeda And Its Adoption Of Commission Rules That Fully Comply With Due Process., Michael T. Mccaul, Ronald J. Sievert
St. Mary's Law Journal
Congress responded to the terrorist attack of September 11, 2001 by passing the Authorization for the Use of Military Force (AUMF). In the following years Congress augmented that authority with the Military Commissions Act of 2006 (MCA of 2006) and the Military Commissions Act of 2009 (MCA of 2009). In passing these acts, Congress responded to the Supreme Court’s decision in Hamdan v. Rumsfeld, which found that President Bush’s attempt to establish military commissions required Congressional authorization. When drafting both MCAs, Congress recognized numerous evidentiary and trial procedures from federal civilian court were inappropriate for trying unlawful combatants. By these …
Honest Services Fraud After Skilling., Pamela Mathy
Honest Services Fraud After Skilling., Pamela Mathy
St. Mary's Law Journal
The United States Supreme Court ruling in Skilling v. United States limits honest services fraud prosecutions of both public officials and private individuals to schemes involving bribes or kickbacks. Over the past two decades, federal prosecutors have used the federal mail and wire fraud statutes to reach schemes which deprive citizens of their money or property and of the intangible right to honest services. The Court’s ruling in Skilling removes a category of deceptive, fraudulent, and corrupt conduct from the scope of the honest services law. By limiting honest services fraud under the statute to bribes and kickbacks, the Court …
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors
Admitting Light Detection And Ranging (Lidar) Evidence In Texas: A Call For Statewide Judicial Notice., Ryan V. Cox, Carl Fors
St. Mary's Law Journal
The reliability of LIDAR (Light Detection and Ranging) is generally questioned for one of two reasons. First, when the speeding charge is of such great importance to the defendant that he must challenge the technology. Second, when the defendant is charged with a different and more serious crime because of the traffic stop. In this instance the reliability of the equipment provides the opportunity to question the stops’ underlying probable cause. Assuming the particular jurisdiction has not settled the issue of reliability of LIDAR evidence, the court must require the prosecutor to present expert testimony to show reliability. In the …
Dec. 10, 2010, Ifc Performance Standards_V2, Ifc
Dec. 10, 2010, Ifc Performance Standards_V2, Ifc
IFC E&S Performance Standards
No abstract provided.
Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc
Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc
IFC E&S Performance Standards
No abstract provided.
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
2010 World Energy Justice Conference (November 5)
This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace small …
Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project
Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project
IFC E&S Performance Standards
No abstract provided.
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?, Stewart E. Sterk
Rethinking Trust Law Reform: How Prudent Is Modern Prudent Investor Doctrine?, Stewart E. Sterk
Articles
During the 1990s, modern portfolio theory provided the theoretical foundation for significant reforms in trust investment doctrine-reforms that freed trustees from a legal regime in which they faced potential liability for making "speculative" investments. The reforms enabled trustees to pursue investment policies that protected beneficiaries against inflation risk. But the reforms worked too well; they encouraged trustees to invest a higher percentage of trust assets in equities just in time for a decade that has seen two precipitous stock market declines. Although no sensible investment strategy would have avoided losses during these periods of market turmoil, the doctrinal reforms endorsed …
Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc
Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc
IFC E&S Performance Standards
No abstract provided.
Coordinating Sanctions In Tort, Kyle D. Logue
Coordinating Sanctions In Tort, Kyle D. Logue
Cardozo Law Review
This Article begins with the standard Law and Economics account of tort law as a regulatory tool or system of deterrence, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this fairly standard (albeit not universally accepted) picture of tort law, the Article asks the question how tort law should adjust, if at all, to coordinate with already existing non-tort systems of regulation. Thus, if a particular activity is already subject to extensive agency-based regulation (whether in the form of command-and-control requirements or in the form of …
Apr. 21, 2010, Unathored, Summary Of Positions On Ifc Policy And Performance Standards And Disclosure Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc
Apr. 14, 2010, Ifc, Annex B_Mark Up Of Draft Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc
Apr. 14, 2010, Ifc, Annex A_Review And Update Of Ifc's Sustainability - Duplicate, Ifc
IFC E&S Performance Standards
No abstract provided.
Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc
Apr. 14, 2010, Ifc, Performance Standard 1-Rev.-0.1, Ifc
IFC E&S Performance Standards
No abstract provided.
Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos
Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos
UF Law Faculty Publications
The idea of legal theory as a self-conscious theory for inquiry about law has opened up the framework of observation and participation. It has heightened social responsibility in ways that have been creative and receptive to analogies and metaphors from the developments in modern science. This paper explores some of these dominant borrowed metaphors. It further emphasizes the importance of the wide range of concerns in law technically, as well as the law’s capacity to manage and manipulate space and time implicating such issues as weapons of mass destruction, rights of indigenous people, deforestation, and climate change. By giving the …
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der
University of Richmond Law Review
No abstract provided.
Is Cap-And-Trade Fair To The Poor? Short-Sighted Households And The Timing Of Consumption Taxes, Manuel A. Utset, Brian Galle
Is Cap-And-Trade Fair To The Poor? Short-Sighted Households And The Timing Of Consumption Taxes, Manuel A. Utset, Brian Galle
Scholarly Publications
No abstract provided.
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts., Nancy B. Rapoport
Through Gritted Teeth And Clenched Jaw: Court-Initiated Sanctions Opinions In Bankruptcy Courts., Nancy B. Rapoport
St. Mary's Law Journal
Bankruptcy courts see too many incompetent bankruptcy lawyers, and the courts have few options for dealing with them. A court can rule against the lawyer, but this strategy punishes the lawyer’s client, who may be an innocent bystander. Alternatively, nothing prohibits a judge from deciding to hand down a sanctions opinion. Sanctions opinions arise when one party makes a request, or the court believes a lawyer’s behavior is serious enough to merit a written order. These instances include flouting the law—either bankruptcy law or the ethical rules—or being unaware of the fundamentals of bankruptcy practice and policy. In the instance …
Ethical Issues Associated With Multidisciplinary Practices In Texas., Michael Kelly
Ethical Issues Associated With Multidisciplinary Practices In Texas., Michael Kelly
St. Mary's Law Journal
In 2000, the American Bar Association House of Delegates voted to uphold the ban on multidisciplinary practices (MDPs) set out in Rule 5.4 of the Model Rules of Professional Conduct (Model Rules). In 2009, the ABA announced the creation of the Ethics 20/20 Commission to review the Model Rules in the context of globalization. The Commission announced it was looking into alternative business structures, including MDPs. In an MDP a client can seek the advice of several professionals with experience in different disciplines working in a single business. Under Rule 5.4, a lawyer is prohibited from sharing legal fees with …
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
Publications
No abstract provided.
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Water Matters!
As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
Deliberately Defrauding Investors: The Scope Of Liability Comment., Andrew R. Simank
St. Mary's Law Journal
Since the Enron debacle, shareholders have increasingly filed suit in state and federal courts to recoup financial losses resulting from fraudulent representations made by failing corporations. These shareholders have advanced common law misrepresentation claims against publicly traded companies for alleged fraudulent U.S. Securities and Exchange Commission (SEC) filings. Originally, the scope of liability for common law fraud was very narrow. This scope was later broadened in an attempt to provide protection to individuals commonly victimized by fraudulent behavior. Texas courts have gone to great lengths to ensure the “expectation of influencing conduct” requirement for common law fraud requires more than …
Capteton V. A.T. Massey Coal Co.: The Texas Implications., Catherine Stone, Wendy Martinez
Capteton V. A.T. Massey Coal Co.: The Texas Implications., Catherine Stone, Wendy Martinez
St. Mary's Law Journal
In Caperton v. A.T. Massey Coal Co., the United States Supreme Court addressed whether the Due Process Clause of the United States Constitution was violated by the denial of a motion to recuse. The motion sought to recuse a Supreme Court of Appeals Justice from West Virginia. The justice received an extraordinary campaign contribution from the chief officer of a corporate party to a case pending before the court. Several Texas courts addressed whether recusal was necessary based on campaign contributions prior to the decision in Caperton. Texas courts have universally held that recusal was not required. The United States …
The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder
The Power To End War: The Extent And Limits Of Congressional Power., Adam Heder
St. Mary's Law Journal
Congress has several options in limiting the execution of war, however, Congress has no implied constitutional authority to terminate a war. Congress may limit the scope at the outset of the war, dissolve the army, or use its appropriation power. Congress may also impeach the President. Domestic statutes, the Court’s strong protection of essential liberties, and the democratic process further check the President’s power. Short of these, however, neither the Constitution nor subsequent case law gives Congress any definitive power to end or effectively limit the President’s ability to conduct a war. Congress gets its “bite at the apple” at …
Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole
Danger Or Resort To Underwear: The Safford Unified School District No. 1 V. Redding Standard For Strip Searching Public School Students., Joseph O. Oluwole
St. Mary's Law Journal
Safford Unified Sch. Dist. No. 1 v. Redding (Redding III) represents a pivotal decision in school search and seizure jurisprudence, specifically regarding strip searches of students. Redding III establishes constraints specific to strip searches on the search and seizure authority of school officials. Redding III is intended to provide a uniform test for the judiciary and school officials when evaluating the reasonableness of strip searches of students. The Court explicitly interposed a “reliable knowledge” element requiring: (1) the degree to which known facts imply prohibited conduct; (2) the specificity of the information received; and (3) the reliability of its source. …
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah S. Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …