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Articles 361 - 390 of 522
Full-Text Articles in Environmental Law
Fighting For A Way Of Life: Public Lands And The Ranchers Who Own Them: An Analysis Of Colvin Cattle Co. V. United States, 468 F.3d 803 (2006), M. Benjamin Eichenberg
Fighting For A Way Of Life: Public Lands And The Ranchers Who Own Them: An Analysis Of Colvin Cattle Co. V. United States, 468 F.3d 803 (2006), M. Benjamin Eichenberg
UC Law Environmental Journal
No abstract provided.
Central Delta Water Agency V. State Water Resources Control Board: Exposing Inherent Tensions In The California Water Code With Respect To Water Transfer Markets, Aaron E. Baker
UC Law Environmental Journal
No abstract provided.
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Possession: An Essay On Values Necessary For The Preservation Of Wild Lands And Traditional Tribal Cultures, John W. Ragsdale Jr
Possession: An Essay On Values Necessary For The Preservation Of Wild Lands And Traditional Tribal Cultures, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Sepas, Climate Change, And Corporate Responsibility: The Contribution Of Local Government, Catherine J. Lacroix
Sepas, Climate Change, And Corporate Responsibility: The Contribution Of Local Government, Catherine J. Lacroix
Faculty Publications
Municipalities in the United States are increasingly active in the effort to reduce greenhouse gas emissions. Data suggest that the physical layout of communities and the buildings they contain make significant contributions to greenhouse gas emissions and thus to climate change. One useful tool for municipalities could be the Environmental Impact Statement (EIS), pioneered in the National Environmental Policy Act (NEPA) at the federal level and subsequently adopted as a policymaking guide in the State Environmental Policy Acts (SEPAs) of many states. A SEPA requires state governments - and, in six states, local governments as well - to consider the …
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Disappearing Acts: How Parens Patriae Makes Private Environmental Suits Vanish In The Blink Of An Eye, Christopher Way
Disappearing Acts: How Parens Patriae Makes Private Environmental Suits Vanish In The Blink Of An Eye, Christopher Way
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Siren Sounds For Nitrogen, Jeremy S. Scholtes
The Siren Sounds For Nitrogen, Jeremy S. Scholtes
Student Articles and Papers
The international community is intensifying its efforts to combat nitrogen pollution, a threat to human health and the environment. In this Article, Jeremy S. Scholtes examines the nature of this type of pollution and the legal instruments currently in place that deal with it. He begins by explaining the theoretical concerns that negotiators must consider when designing legal instruments, recommending that regional hard law instruments in concert with partnership coordination platforms are the most effective tools for addressing nitrogen pollution. He concludes that the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP) should be used as the model for developing …
Rethinking Recycling, Jeffrey M. Gaba
Rethinking Recycling, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Subtitle C of the Resource Conservation and Recovery Act (RCRA) establishes the so-called “cradle to grave” regulatory program over hazardous “solid wastes.” Although not obviously wastes, the United States Environmental Protection Agency (EPA) has consistently asserted jurisdiction to regulate some class of recyclable materials under Subtitle C. It has done this through a regulatory definition of “solid waste” that establishes a complex and confusing scheme that includes, excludes, and exempts recyclable materials from regulatory requirements in an almost incomprehensible fashion. In 2008, EPA added to this complexity by promulgating a new set of conditional exclusions that exempts certain reclaimed materials …
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
St. Mary's Law Journal
Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
St. Mary's Law Journal
On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
The Castle Doctrine: An Expanding Right To Stand Your Ground Comment., Denise M. Drake
St. Mary's Law Journal
Recently, the Texas Legislature passed Senate Bill 378 effectively terminating a person’s “duty to retreat” when confronted with a criminal attack of either great bodily injury or death. Complicated issues of innocence and guilt arise when one employs deadly force as a means of self-defense. Furthermore, tragic mistakes occur when people preemptively resort to deadly force before the realization of such a threat. Societal questions still exist concerning the possibility that self-defense will turn into self-justice. Critics argue the law encourages a vigilante society, substituting law enforcement help with self-justice. Conversely, supporters believe the bill serves as a deterrent from …
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
Loose Lips Sink Attorney-Client Ships: Unintended Technological Disclosure Of Confidential Communications Essay., Bill Piatt, Paula Dewitte
St. Mary's Law Journal
In general, attorneys must not reveal confidential information relating to the representation of their clients. Attorneys must make reasonable efforts to ensure the attorneys they supervise, as well as their nonlawyer employees, maintain client confidences. In modern days, technology virtually guarantees attorneys and clients will communicate electronically. While most attorneys would not knowingly disclose client confidences, there is a growing problem of unintended disclosure through electronic means. On a practical level, maintaining confidence is of utmost importance to both attorneys and clients. Attorneys may believe they are using good faith and competent, reasonable actions to protect their clients’ information from …
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
Fulfilling Your Professional Responsibilities: Representing A Deaf Client In Texas Recent Development., Matthew S. Compton
St. Mary's Law Journal
Abstract Forthcoming.
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
A Tribute To Ernest A. Raba, Dean (1946-1978), St. Mary's University School Of Law Tribute., Aloysius A. Leopold
St. Mary's Law Journal
Abstract Forthcoming.
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
A Meaningless Relationship: The Fifth Circuit's Use Of Dismissed And Uncharged Conduct Under The Federal Sentencing Guidelines Recent Development., Erin A. Higginbotham
St. Mary's Law Journal
The Fifth Circuit’s failure to require the uncharged conduct to have a meaningful relationship with the conduct of conviction is flawed. An amendment of section 5K2.21 specifically approved the consideration of uncharged or dismissed offenses to serve as a basis for an upward departure to reflect the actual seriousness of the offense. Confusion amongst federal circuit courts of appeal arose as to whether such conduct included uncharged or dismissed criminal offenses. Interpreting the amendment’s language has caused a circuit split. The Fifth Circuit erroneously interpreted section 5K2.21 as to require nothing more than a “remote connection” between the uncharged crime …
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
St. Mary's Law Journal
The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.
American Legal Ethics In An Age Of Anxiety., Michael Ariens
American Legal Ethics In An Age Of Anxiety., Michael Ariens
St. Mary's Law Journal
The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …
The Metes And Bounds Of Governmental Immunity And Political Subdivisions: Limiting Tort Liability For Municipal Utility Districts In Texas Recent Development., Dawn E. Norman
St. Mary's Law Journal
Abstract Forthcoming.
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
UC Law Environmental Journal
No abstract provided.
Is State Trust Land Timber Management "Better" Than Federal Timber Management? A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell
Is State Trust Land Timber Management "Better" Than Federal Timber Management? A Best Case Analysis, Jon A. Souder, Sally K. Fairfax, Teresa A. Rice, Lawrence J. Macdonnell
UC Law Environmental Journal
No abstract provided.
The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs
The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs
Faculty Scholarship
No abstract provided.
Securing Rights To Carbon Sequestration: The Western Australian Experience, Sandra Eckert, Richard Mckellar
Securing Rights To Carbon Sequestration: The Western Australian Experience, Sandra Eckert, Richard Mckellar
Sustainable Development Law & Policy
No abstract provided.
It’S Not Easy Being Green: Reflections On The American Carbon Offset Market, Laurie A. Ristino
It’S Not Easy Being Green: Reflections On The American Carbon Offset Market, Laurie A. Ristino
Sustainable Development Law & Policy
No abstract provided.
Conservation Easements And Climate Change, Daniel L. Aaronson, Michael B. Manuel
Conservation Easements And Climate Change, Daniel L. Aaronson, Michael B. Manuel
Sustainable Development Law & Policy
No abstract provided.
California Sues Epa After ‘Unconscionable’ Waiver Denial, Addie Haughey
California Sues Epa After ‘Unconscionable’ Waiver Denial, Addie Haughey
Sustainable Development Law & Policy
No abstract provided.
Climate Change And The States: Constitutional Issues Arising From State Climate Protection Leadership, Robert K. Huffman, Jonathan M. Weisgall
Climate Change And The States: Constitutional Issues Arising From State Climate Protection Leadership, Robert K. Huffman, Jonathan M. Weisgall
Sustainable Development Law & Policy
No abstract provided.
International Trade Law And The “Carbon Leakage” Problem: Are Unilateral U.S. Import Restrictions The Solution?, Bernd G. Janzen
International Trade Law And The “Carbon Leakage” Problem: Are Unilateral U.S. Import Restrictions The Solution?, Bernd G. Janzen
Sustainable Development Law & Policy
No abstract provided.
The Thirsty Rio Grande: Sustainable Water Planning Along The Rio Grande In The Age Of Global Warming, Matthew Padilla
The Thirsty Rio Grande: Sustainable Water Planning Along The Rio Grande In The Age Of Global Warming, Matthew Padilla
Sustainable Development Law & Policy
No abstract provided.