Environmental Law Commons^™

Arizona V. California: Riding The Wave Of Federal Riparianism, Heather R. Brinton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Continuing Saga Of Rippling Puddles, Small Handles And Links Of Chains: Wetlands Action Network V. United States Army Corps Of Engineers, Elizabeth A. Roche

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Regulation Of Isolated Wetlands: To Be Or Not To Be, Talene Nicole Mergerian

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Mine Is A Terrible Thing To Waste: Past, Present And Future Reclamation Efforts To Correct The Environmentally Damaging Effects Of Coal Mines, A. Brooke Rubenstein, David Winkowski

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental management has emerged as an important element of governance in practically every nation. This was not the case before the United Nations convened the 1972 Conference on the Human Environment in Stockholm. After Stockholm, nations learned to build environmental ministries and work across sectors nationally, and discovered how difficult it is to reshape entrenched national practices in order to curb pollution and conserve natural resources. With growing experience and knowledge, nations came to realize that no one government alone could safeguard the environment, and that international cooperation would need to be enhanced.

Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …

A Generational History Of Environmental Law And Its Grand Themes: A Near Decade Of Garrison Lectures, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

I have been privileged to hear, enjoy and learn from the talks of each of our Garrison Lecturers during the last eight years, as well as our discussions with them here today. In preparation for my duties as a summarizer, I studied their talks, printed in our Pace Environmental Law Review. I was delighted to find that the body of their commentary is far more than the sum of its parts. Together our lecturers take us on a grand journey through the history of modern environmental law, its heroes and villains, its accomplishments and its weaknesses. Together they sound all …

Problem Of Unraveling: Biodiversity And Private Property In Land, Dale Goble

Articles

No abstract provided.

Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu

Faculty Scholarship

No abstract provided.

Environmental Destruction In The Name Of National Security: Will The Old Paradigm Return In The Wake Of September 11, Nancye L. Behurem

UC Law Environmental Journal

No abstract provided.

One Patriot, Terry Tempest Williams

UC Law Environmental Journal

No abstract provided.

Protecting Rural Lands: A Market-Based, Efficient And Culturally Approapriate Strategy Using Rights Of The First Refusal And The Nonprofit Sector, Lawrence D. Spears, Karen Paige Hunt

UC Law Environmental Journal

No abstract provided.

Smart Growth: A Review Of Programs State By State, Ed Bolen, Kara Brown, David Kiernan, Kate Konschnik

UC Law Environmental Journal

No abstract provided.

Land Use Planning In San Diego, Janet A. Anderson

UC Law Environmental Journal

No abstract provided.

Photography, Sam Hayashi

UC Law Environmental Journal

No abstract provided.

The Prairie-Grass Dividing, Walt Whitman

UC Law Environmental Journal

No abstract provided.

Snplma, Fltfa, And The Future Of Public Land Exchanges, Melanie Tang

UC Law Environmental Journal

No abstract provided.

Photography, Sam Hayashi

UC Law Environmental Journal

No abstract provided.

Introduction: The Virtues And Vices Of Skeptical Environmentalism, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Introduction to the symposium on Bjorn Lomborg's "The Skeptical Environmentalist" Cleveland, Ohio, 2002.

A Defense Of Cost-Benefit Analysis For Natural Resources Policy, Shi-Ling Hsu, John Loomis

Scholarly Publications

No abstract provided.

Greenhouse Gas Emissions And Emissions Trading In North America, Jonathan H. Adler

Faculty Publications

Introducation to the symposium on Energy, the Environment and Natural Resources in the Canada/U.S. Context: Greenhouse Gas Emissions and Emissions Trading in North America: Kyoto Treaty and U.S. Initiatives, Cleveland, Ohio, 2002.

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

Articles

In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

Virtually A Minor: Resolving The Potential Loophole In The Texas Child Pornography Statute., Bill W. Sanford

St. Mary's Law Journal

Abstract Forthcoming.

Summary Of Recent Developments In Texas Legal Malpractice Law Symposium: Legal Malpractice And Professional Responsibility., Steve Mcconnico, Robyn Bigelow

St. Mary's Law Journal

Although the number of malpractice suits may not be increasing, the way plaintiffs are pleading these suits is changing dramatically and resulting in increased potential for attorney liability. Recent changes in the nature of liability led to increased potential for damages and a trend of high dollar settlements in malpractice cases. These changes may significantly impact the ability of lawyers in Texas to avoid liability while representing clients and preserving client confidences. Texas law generally limits malpractice claims to clients against their attorneys; but non-clients are increasingly succeeding in creatively pleading causes of action by alleging fraud, conspiracy, and negligent …

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest Symposium: Legal Malpractice And Professional Responsibility., Susan Saab Fortney, Jett Hanna

St. Mary's Law Journal

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …

Browning Oil Co. V. Luecke: Has Texas Illuminated A Dark Distinction Between Vertical And Horizontal Drilling., Stephen Taylor Dennis

St. Mary's Law Journal

Horizontal drilling technology continues to revitalize the oil and gas industry, however, many of the legal concepts governing oil and gas law have failed to keep pace. Recently, in Browning Oil Co. v. Luecke, the Third Court of Appeals of Texas dealt with the issue of whether an antidilution clause applied to both horizontal and vertical wells. The agreement between the parties did not contemplate the use of horizontal technology, however, the express language did not exclude horizontal technology. Because the agreement did not expressly exclude horizontal drilling, the court looked at the intent of the parties and ruled that …

Always Lei Of Ginger Blossoms For The First Lady Of Hawai'i: Queen Lili'uokalani, June Jordan

UC Law Environmental Journal

No abstract provided.

Information Based Regulation And International Trade In Genetically Modified Agricultural Products: An Evaluation Of The Cartagena Protocol On Biosafety, Michael P. Healy

Law Faculty Scholarly Articles

This Article considers the regulation of international trade in genetically modified agricultural products. Specifically, it addresses both products released into the environment as seeds and products intended for consumption as food. The first part of the Article describes the significance of genetically modified organisms (GMOs) in modem agriculture, especially agriculture in the United States. This discussion summarizes the risks and potential benefits associated with the use of agricultural GMOs, especially the risks and benefits related to biodiversity. The Article then briefly describes the approaches to the regulation of these products adopted in the

Cartagena Protocol to the Convention on Biological …