Environmental Law Commons^™

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack

St. Mary's Law Journal

Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.

Foreword: The Challenge Of Rio, David H. Getches

Publications

No abstract provided.

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Publications

No abstract provided.

Negotiated Sovereignty: Intergovernmental Agreements With American Indian Tribes As Models For Expanding First Nations’ Self-Government, David H. Getches

Publications

Constitutional issues related to First Nations sovereignty have dominated Aboriginal affairs in Canada for a considerable period. The constitutional entrenchment of Aboriginal self-government has, however, received a setback with the recent failure of the Charlottetown Accord in October of 1992. Nonetheless, day-to-day issues must be accommodated, even while this more fundamental constitutional question remains unresolved. This paper illustrates the American experience with negotiated intergovernmental agreements between tribes and individual states. These agreements have, for example, resolved jurisdictional disputes over taxation, solid waste disposal, and law enforcement between state governments and tribal authorities. The author suggests that these intergovernmental agreements in …

Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson

Publications

No abstract provided.

Controlling Blue Skies In Indian Country: Who Is The Air Quality Posse--Tribes Or States? The Applicability Of The Clean Air Act In Indian Country And On Oklahoma Tribal Lands, Julie M. Reding

American Indian Law Review

No abstract provided.

Gatt And Environmental Protection, Kristina Haverkamp

LLM Theses and Essays

This thesis analyzes the direct and indirect impacts of Articles I, II, III, VI, XVI, and XXII of the General Agreement on Tariffs and Trade (GATT) on three broad catetgories of national environmental protection measures: (1) those offsetting environmental compliance costs, (2) those incentivizing volutnary environmental efforts, and (3) those promoring environmental protection in foreign countries. This thesis discusses the applicability and scope of government subsidies and countervailing duties as present in Articles XVI and VI and how they deviate from the standards of Articles I and II, the non-discrimination obligations set forth in Articles I and III, including the …

Preservation And Allocation Of Fresh Water Resources In International Law Jordan: Special Case Study, Ghada Ibrahim Abu-Ragheb

LLM Theses and Essays

This thesis argues for the creation of a comprehensive, developed body of international environmental law, to regulate allocation and protection of freshwater resources. The thesis gives an idea of the substantive duties and obligations of states under the developing international law of the environment in the use of international watercourses and the responsibilities and liabilities of states for breach of those duties. The thesis continues to examination of a special case study of Jordan encompassing the water resources and river disputes.

Dashed "Investment-Backed" Expectations: Will The Constitution Protect Property Owners From Excesses In Implementation Of The Growth Management Act?, Elaine Spencer

Seattle University Law Review

Section I briefly discusses the basic principles of takings law as enunciated by prior cases, as well as the United States Supreme Court's recent decision in Lucas v. South Carolina Coastal Council, and the Washington Supreme Court's recent decisions in Sintra, Inc. v. Seattle and Robinson v. Seattle. Although the Lucas decision has received considerable publicity, it advanced the state of the law rather little. The real guidance for future decisions arising out of the GMA will come from earlier United States Supreme Court decisions and the Washington Supreme Court's decisions in Sintra, Robinson, and Lutheran …

Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Industrialization In The Borderlands And The Nafta Treaty., Phillip D. Hardberger

St. Mary's Law Journal

Abstract Forthcoming.

Foreign Investment In Mexico From The Perspective Of The Foreign Investor., Hope H. Camp Jr., Jaime Alvarez Garibary, C. Lee Cusenbary Jr.

St. Mary's Law Journal

A factor contributing to the continuation of the economic revolution in Mexico has been, and will continue to be, foreign investment. The liberalized foreign-investment regulations and the positive attitude of the Foreign Investment Commission (FIC) in approving foreign investment proposals promote a more favorable environment for foreign investors. The Mexican government recently completed negotiating the NAFTA, a proposed free-trade agreement with the United States and Canada. The government is now considering what additional actions may be required to compete successfully with those other nations trying to attract scarce investment funds. Opportunities for foreign investors in Mexico are brighter than they …

Contracting In Mexico: A Legal And Practical Guide To Negotiating And Drafting., Rona R. Mears

St. Mary's Law Journal

This Article is intended as a primer in contracting for the United States attorney counseling clients doing business in Mexico. Thus, this Article begins by surveying the legal foundations of contracting in Mexico. This includes basic contract principles in Mexico’s civil-law system, the distinction between civil and commercial contracts, and procedural formalities applicable to contracts in Mexico. Following the introduction is a discussion of successful contract negotiations in Mexico, including certain cultural factors and Mexican business customs which can affect negotiations. This section includes suggestions for preparing for negotiations and managing the negotiation process to obtain the best result. Next, …

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

Articles

The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on subjects …

Framing A Texas Bill Of Rights Argument., James C. Harrington

St. Mary's Law Journal

As federal courts have allowed individual rights to diminish, the Texas judiciary nurtures state constitutional jurisprudence. Texas has a unique history requiring special care in approaching the construction and presentation of arguments utilizing the Texas Constitution or Texas Bill of Rights. The state constitution evolved over six revisions resulting with the eventual ratification of the final version in 1876. A confluence of goals ultimately resulted in a document where the bill of rights appears in Article I and by specifically framing individual liberties as affirmative rights rather than restrictions of government power. Four modes of interpretation are typically employed when …

Property And Small-Scale Privitization In Russia., Richard C. Schneider Jr.

St. Mary's Law Journal

Knowing who owns what suddenly became important in Russia because of dramatic economic and market reforms of the Yeltsin government. The transfer of property, from the state to the private sector is at the heart of the reforms. It is generally recognized the “foundations of a market-based economic system are property rights and private ownership.” The purposes of this article are to (1) summarize reforms which successfully introduced a scheme of private ownership in Russia, as demonstrated by the Nizhny Novgorod experiment, and (2) discuss those property rights which remain unclear. Accordingly, the second and third parts of the article …

Judging In The Quiet Of The Storm., Shirley S. Abrahamson

St. Mary's Law Journal

Justice Benjamin Cardozo evaluates the elements he believes motivate judges in deciding cases in The Nature of the Judicial Process. Judge Cardozo focuses primarily on common-law courts deciding common-law cases. Although state-court dockets cover a wider variety of topics today and the legal landscape has changed, The Nature of the Judicial Process remains influential. The basis of Judge Cardozo’s approach is to first extract principles from past cases and apply them to new fact situations. Cardozo refers to this process as the method of philosophy. As precedent cannot readily solve all new disputes, this process may require judges select from …

The Great Speech Perspective., Jon Larsen Shudlick

St. Mary's Law Journal

Abstract Forthcoming.

Jurors May Not Pose Written Questions To Witnesses In Criminal Cases., Mark C. Robertson Ii

St. Mary's Law Journal

Abstract Forthcoming.

A License To Kill: The Categorical Exemption Of The Mentally Retarded From The Death Penalty., David L. Rumley

St. Mary's Law Journal

This Comment will show there is no merit to the argument the Eighth Amendment prohibits the imposition of capital punishment on all persons considered mentally retarded. This Comment begins with an overview of the historical treatment of mental disabilities, articulating the levels of mental deficiency required for exculpation of criminal responsibility. Next, this Comment discusses the characteristics of persons with mental retardation. This Comment will also discuss the recently enacted statutes’ use of I.Q. tests for determinations of mental retardation. In analyzing these statutes, it becomes apparent a person’s I.Q. should not be prima-facie proof of mental retardation, although state …

A Slash-And-Burn Expedition Through The Law Of Environmental Standing - Lujan V. Defenders Of Wildlife, Donald Strong Higley Ii

Campbell Law Review

The Lujan decision will be assessed firstly, by summarizing the decision in the Case section of this Note. Secondly, the Background section will explore the history of standing litigation with a focus on cases with factual similarities to Lujan. This exploration will include an analysis of the effect of the National Wildlife Federation [hereinafter NWF] case, thus demonstrating standing doctrine as it stood when Lujan was decided. Thirdly, in the Analysis section, three key aspects of the Lujan majority opinion will be analyzed, along with the dissenting and concurring opinions. This analysis will lead to the realization that the …

The Dynamics Of Secrecy In The Environmental Impact Statement Process, Michael B. Gerrard

Faculty Scholarship

The environmental impact review laws – the National Environmental Policy Act (NEPA) and its state counterparts – are premised on the idea of full and open disclosure. The notion underlying these laws is that if the government and the public are fully informed of the impacts of and alternatives to proposed actions, they will make wise decisions about whether and how to proceed. The Freedom of Information Act and its state counterparts even more explicitly seek to open up governmental deliberations to the public. Considered together, these two types of laws would lead one to believe that secrecy has little …

Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa

Faculty Scholarship

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned …

Environmental Torts, Troyen A. Brennan

Vanderbilt Law Review

Over the last two decades, a new class of torts has emerged that targets personal injuries caused by toxic substances in the environment. These hybrid environmental torts are quite distinct from the trespass-nuisance precedent that is part of traditional tort theory; nor are environmental torts simply a subset of the mass hazardous sub- stance litigation that has remade product liability law. Environmental torts are informed, in a way product law is not, by environmental regulation. These torts are unique because their deterrent signal is transmitted to producers of hazardous environmental pollutants by litigants who have suffered physical injury or disease. …

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …