Open Access. Powered by Scholars. Published by Universities.®

Environmental Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2007

Discipline
Institution
Keyword
Publication
Publication Type

Articles 331 - 360 of 465

Full-Text Articles in Environmental Law

Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder Jan 2007

Recent Developments In Texas Legal Malpractice Law The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Kellie M. Hinson, Elizabeth A. Snyder

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook Jan 2007

Ethical Considerations Concerning Contacts By Counsel Or Investigators With Present And Former Employees Of An Opposing Party The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., James L. Burt, Jeremy J. Cook

St. Mary's Law Journal

Present and former employees of an opposing party are often the best source of information concerning that party’s activities. Contact with these employees or their representatives may be considered ethical or unethical depending on the circumstances. Unfortunately, the rules governing such contacts are neither clear nor consistent. The first issue lawyers must resolve is whether the present and former employees are considered “represented” under Rule 4.2 of the Model Rules of Professional Conduct. If they are “unrepresented” for purposes of Rule 4.2, the issue then becomes whether Rule 4.3 applies. Of grave importance are the potential sanctions, which include the …

Go to article

Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal Jan 2007

Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal

St. Mary's Law Journal

Conflicts of interest among clients present some of the most pervasive ethical problems lawyers face. In many instances the affected clients may consent to a conflict. Under the ABA Model Rules of Professional Conduct, for consent to be effective, it must be “informed” and must be “confirmed in writing.” Informed consent to such conflict is often referred to as a “waiver” of the conflict. Many law firms have begun seeking “general advance waivers” of conflicts of interest. The ethical rules did not deal with the issue of advance waiver until 2002. Both Model Rules and the Restatement of the Law …

Go to article

Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley Jan 2007

Automatic Tolling Of The Voluntary Departure Period - A Circuit Split Recent Development., Katherine A. Tapley

St. Mary's Law Journal

Abstract Forthcoming.

Go to article

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash Jan 2007

What We Owe The World Are Thoughtful War-Crimes Trials That Do Justice Without Unduly Jeopardizing Innocent Lives By Compromising Vital Intelligence Comment., Sherry M. Barnash

St. Mary's Law Journal

In Hamdan v. Rumsfeld, the United States Supreme Court held the military commission convened to try accused terrorist Salim Ahmen Hamdan was unlawful. The Court concluded the Government could not lawfully proceed using established commission rules because the commission differed from courts-martial and did not follow certain aspects of the Geneva Convention. One procedure the Court found troubling was a provision in the Military Commission Order No. 1 which allowed the exclusion of the defendant and his civilian counsel from certain proceedings. Yet, denial of access was nothing new, as three decades prior Congress enacted the Classified Information Procedures Act …

Go to article

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint Jan 2007

The Evolving Standard For Granting Mandamus Relief In The Texas Supreme Court: One More Mile Market Down The Road Of No Return., Richard E. Flint

St. Mary's Law Journal

The Prudential balancing test should be of concern for anyone interested in the rule of law. This test is the current binding precedent for determining when an appellate court should exercise its mandamus authority upon a finding of a clear abuse of discretion. This test has substantially altered one of the most time honored principles of mandamus jurisprudence, and replaced it with a newly articulated standard that leads to nothing short of ad hoc decision making. In the area of mandamus jurisprudence, the Texas Supreme Court has, from time to time, developed different ways to circumvent the common law history …

Go to article

The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland Jan 2007

The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland

St. Mary's Law Journal

The Texas Legislature has recently made changes to Chapter 245 of the Local Government Code giving vested rights greater protection than ever before. Owners and developers now have greater protections, however, there are many circumstances under which the application of the law is unclear. Chapter 245 governs the issuance of permits for local development. The greater protections provided by the amendments include: defining the filing date upon which rights vest as the date “fair notice” is given to the regulatory agency, establishing a certified mail date as prima facie proof of the application’s filing date, and providing substantive rules governing …

Go to article

Global-Change Scenarios: Their Development And Use, Edward A. Parson, Virginia Burkett, Karen Fisher-Vanden, David Keith, Linda Mearns, Hugh Pitcher, Cynthia Rosenzweig, Mort Webster Jan 2007

Global-Change Scenarios: Their Development And Use, Edward A. Parson, Virginia Burkett, Karen Fisher-Vanden, David Keith, Linda Mearns, Hugh Pitcher, Cynthia Rosenzweig, Mort Webster

Other Publications

This report examines the development and use of scenarios in global climate change applications. It considers scenarios of various types – including but not limited to emissions scenarios – and reviews how they have been developed, what uses they have served, what consistent challenges they have faced, what controversies they have raised, and how their development and use might be made more effective. The report is Synthesis & Assessment Product 2.1b of the US Climate Change Science Program. By synthesizing available literature and critically reviewing past experience, the report seeks to assist those who may be conducting, using, or commissioning …

Go to article

The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall Jan 2007

The Regional Greenhouse Gas Initiative And California Assembly Bill 1493: Filling The American Greenhouse Gas Regulation Void, Michael H. Wall

University of Richmond Law Review

No abstract provided.

Go to article

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel Jan 2007

Reconfiguring Industrial Policy: A Framework With An Application To South Africa, Ricardo Hausmann, Dani Rodrik, Charles F. Sabel

Faculty Scholarship

The main purpose of industrial policy is to speed up the process of structural change towards higher productivity activities. This paper builds on our earlier writings to present an overall design for the conduct of industrial policy in a low- to middle-income country. It is stimulated by the specific problems faced by South Africa and by our discussions with business and government officials in that country. We present specific recommendations for the South African government in the penultimate section of the paper.

Go to article

Secrecy And Access In An Innovation Intensive Economy: Reordering Information Privileges In Environmental, Health, And Safety Law, Mary L. Lyndon Jan 2007

Secrecy And Access In An Innovation Intensive Economy: Reordering Information Privileges In Environmental, Health, And Safety Law, Mary L. Lyndon

University of Colorado Law Review

This article examines the law concerned with access to information that is commercially valuable when it is kept secret but is also essential to environmental, health, and safety (EHS) risk evaluation. EHS law stimulates sustainable economic activity, including new technologies, and thus complements intellectual property law. Access to EHS information is essential to risk management, but current disclosure obligations are unclear, as the law is a patchwork of familiar but ill-fitting concepts and entitlements. The article discusses the current law that affects disclosure, taking into account recent changes in the technological and economic landscape. It also describes the contrasting uses …

Go to article

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall Jan 2007

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall

University of Colorado Law Review

No abstract provided.

Go to article

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon Jan 2007

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

University of Colorado Law Review

This article considers climate change from the perspective of the Third World and more particularly from the vantage point of the poorest nations in the international system. It concludes that those nations that are the most geographically and economically vulnerable will also have the least impact on mechanisms to halt the progress of this impending disaster. Hence, climate change is examined as yet another chapter in Third World powerlessness. Despite the fact that low-income nations participate in international deliberations, they do so from an exceedingly weak position that puts them in the untenable position of being on the receiving end …

Go to article

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey Jan 2007

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Go to article

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall Jan 2007

Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall

Law Faculty Research Publications

Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …

Go to article

Business, Steven R. Ratner Jan 2007

Business, Steven R. Ratner

Book Chapters

This chapter seeks to expose some of the divergences between doctrine and reality, and to suggest ways of understanding the field that take proper account of business. It does so first by examining the roles and goals of business entities with respect to international environmental law. It then examines how international law has accommodated the place of business in environmental policy with respect to two key issues: (1) corporations as the target of legal obligations; and (2) corporations as participants in the process of international environmental law, particularly with respect to law-making and implementation. I conclude with some thoughts regarding …

Go to article

Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo Jan 2007

Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo

UF Law Faculty Publications

In recent years, there has been an explosion in the genetic manipulation of living organisms to create commercial products. This genetic manipulation has, in effect, been a directed change in the evolutionary process for the purpose of profit. This deliberate alteration of the path of evolution has brought with it a panoply of novel environmental, human health, and economic risks that could not have been foreseen when U.S. environmental and health protection laws evolved. U.S. environmental law has not evolved to keep pace with these dramatic changes in the evolution of our biological systems. Thus, completely new approaches are needed …

Go to article

The Impacts Of Global Warming: The Need For Cooperation & Leadership An Overview Of This Issue , Jeff Bingaman Jan 2007

The Impacts Of Global Warming: The Need For Cooperation & Leadership An Overview Of This Issue , Jeff Bingaman

Sustainable Development Law & Policy

No abstract provided.

Go to article

Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke Jan 2007

Strengthening The Montreal Protocol: Insurance Against Abrupt Climate Change, Donald Kaniaru, Rajendra Shende, Scott Stone, Durwood Zaelke

Sustainable Development Law & Policy

No abstract provided.

Go to article

Nepa And Climate Change: Much Needed Guidance For Transboundary Environmental Impacts, Ayako Sato Jan 2007

Nepa And Climate Change: Much Needed Guidance For Transboundary Environmental Impacts, Ayako Sato

Sustainable Development Law & Policy

No abstract provided.

Go to article

Potential Causes Of Action For Climate Change Impacts Under The United Nations Fish Stocks Agreement, William C.G. Burns Jan 2007

Potential Causes Of Action For Climate Change Impacts Under The United Nations Fish Stocks Agreement, William C.G. Burns

Sustainable Development Law & Policy

No abstract provided.

Go to article

Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon Jan 2007

Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon

Sustainable Development Law & Policy

No abstract provided.

Go to article

Implementation & Utilization Of Geoengineering For Global Climate Change Control , Alan Carlin Jan 2007

Implementation & Utilization Of Geoengineering For Global Climate Change Control , Alan Carlin

Sustainable Development Law & Policy

No abstract provided.

Go to article

Economic Growth And The Environment: India Confronts The Link Between Automobiles And Climate Change , Rahul Saksena Jan 2007

Economic Growth And The Environment: India Confronts The Link Between Automobiles And Climate Change , Rahul Saksena

Sustainable Development Law & Policy

No abstract provided.

Go to article

Global Climate Change Creates A New Carbon Business For U.S. Companies, Michael J. Zimmer Jan 2007

Global Climate Change Creates A New Carbon Business For U.S. Companies, Michael J. Zimmer

Sustainable Development Law & Policy

No abstract provided.

Go to article

Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton Jan 2007

Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton

Sustainable Development Law & Policy

No abstract provided.

Go to article

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter Jan 2007

Emerging Standards For Sustainable Finance Of The Energy Sector, Kirk Herbertson, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Go to article

Building Stock Offers Opportunities To Foster Sustainability And Provides Tools For Climate Change Mitigation And Adaption, Edna Sussman Jan 2007

Building Stock Offers Opportunities To Foster Sustainability And Provides Tools For Climate Change Mitigation And Adaption, Edna Sussman

Sustainable Development Law & Policy

No abstract provided.

Go to article

Misleadingly Green: Time To Repeal The Ethanol Tariff And Subsidy For Corn, Marcel De Armas Jan 2007

Misleadingly Green: Time To Repeal The Ethanol Tariff And Subsidy For Corn, Marcel De Armas

Sustainable Development Law & Policy

No abstract provided.

Go to article

Regulation Of Gas Utilities: At Odds With Conservation, Edward L. Flippen Jan 2007

Regulation Of Gas Utilities: At Odds With Conservation, Edward L. Flippen

Sustainable Development Law & Policy

No abstract provided.

Go to article

First Prev Next Last