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Environmental Law Commons

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2016

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Institution
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Articles 451 - 480 of 567

Full-Text Articles in Environmental Law

Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver Jan 2016

Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2016

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett Jan 2016

Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett

Public Interest Law Reporter

No abstract provided.


The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim Jan 2016

The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim

Public Interest Law Reporter

No abstract provided.


The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul Jan 2016

The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul

Public Interest Law Reporter

No abstract provided.


Why We Need Community Control Of The Police, Larry Redmond Jan 2016

Why We Need Community Control Of The Police, Larry Redmond

Public Interest Law Reporter

No abstract provided.


Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis Jan 2016

Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2016

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


In Defense Of The Closed Primary, Bethany Dixon Jan 2016

In Defense Of The Closed Primary, Bethany Dixon

Public Interest Law Reporter

No abstract provided.


Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi Jan 2016

Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi

Public Interest Law Reporter

No abstract provided.


Voter Identification Laws And The 2016 Election, Conor Grealish Jan 2016

Voter Identification Laws And The 2016 Election, Conor Grealish

Public Interest Law Reporter

No abstract provided.


The Pursuit Of Equitable Access To Reproductive Healthcare In The United States, Alexandra Lehr Jan 2016

The Pursuit Of Equitable Access To Reproductive Healthcare In The United States, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.


Continuing Barriers To Equal Educational Opportunities For Students With Disabilities, Joanna Pawlowska Jan 2016

Continuing Barriers To Equal Educational Opportunities For Students With Disabilities, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.


Are We Contradicting Ourselves?: How The Stanford Rape Case Illustrates The Conflict Between Mandatory Sentencing And Judicial Discretion, Kristine Ruhl Jan 2016

Are We Contradicting Ourselves?: How The Stanford Rape Case Illustrates The Conflict Between Mandatory Sentencing And Judicial Discretion, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.


Well-Intended Federal Drug Policies May Leave Minorities Behind, William Ryan Jan 2016

Well-Intended Federal Drug Policies May Leave Minorities Behind, William Ryan

Public Interest Law Reporter

No abstract provided.


The Threat Of Predatory Lending, Marko Stojkovic Jan 2016

The Threat Of Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part one of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau have solved predatory lending and ended the possibility of another subprime debacle. In this part, what will be shown is that due to the U.S. government's deregulation and the greed of banks and predatory lenders in the housing market, predatory lending wreaked havoc on minority, low-income, and immigrant communities, and was the main cause of the 2008 economic collapse.


The Anti-Discrimination Paradox: How Federal Civil Rights Laws Afford Broader Protection From Discrimination Than The Constitutional Provisions That Authorize Them, Henry Rose Jan 2016

The Anti-Discrimination Paradox: How Federal Civil Rights Laws Afford Broader Protection From Discrimination Than The Constitutional Provisions That Authorize Them, Henry Rose

Public Interest Law Reporter

No abstract provided.


Changing Winds And Rising Tides On Beach Renourishment In Florida: Short-Term Alternatives And Long-Term Sustainable Solutions Using Law And Policy From Florida And Nearby States, Lewis Van Alstyne Iii Jan 2016

Changing Winds And Rising Tides On Beach Renourishment In Florida: Short-Term Alternatives And Long-Term Sustainable Solutions Using Law And Policy From Florida And Nearby States, Lewis Van Alstyne Iii

Florida A & M University Law Review

Sandy beaches make up 825 miles of Florida's 1,260 total miles of coastline around the Sunshine State's peninsula. These beaches are changing over time due to the natural erosional forces of wind and water. Coastal engineering attempts to halt natural forces with man-made structures such as buildings, piers, groins, jetties, breakwaters, sea walls, ports, inlets, and in some cases, it creates new sandy beaches and world-class cities where none existed. In an effort to protect the new real estate from the erosion that has always existed, engineers created beach nourishment. This Article focuses on building up beaches through beach nourishment. …


Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers Jan 2016

Animal Law And Environmental Law: Exploring The Connections And Synergies, Randall S. Abate, Elizabeth Hallinan, Joan E. Schaffner, Bruce Myers

Journal Publications

Environmental law, with its intricate layers of international, federal, state, and local laws, is more established than its animal counterpart. Yet animal law faces many of the same legal and strategic challenges that environmental law faced in seeking to establish a more secure foothold, both in the United States and abroad. In What Can Animal Law Learn From Environmental Law?, editor Randall S. Abate brought together academics, advocates, and legal professionals to examine the very different histories of environmental and animal law, as well as the legal and policy frameworks that bridge the two fields. On November 16, 2015, the …


Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana Jan 2016

Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana

Journal Publications

Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …


Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace Jan 2016

Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace

Publications

The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …


The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott Jan 2016

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott

St. Mary's Law Journal

When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …


When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene Jan 2016

When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene

St. Mary's Law Journal

Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …


Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson Jan 2016

Accidents Of Federalism: Ratemaking And Policy Innovation In Public Utility Law, William Boyd, Ann E. Carlson

Publications

Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a low-carbon electricity grid. This Article contends that the critique is overstated. In fact, innovation is occurring across different aspects of the electricity system and across different types of states in ways one would not expect to see under a single, national approach. As the Article demonstrates, this innovation stems in part from Congress’s failure to enact a single, national approach to electricity …


Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate Jan 2016

Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate

Journal Publications

Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon from the atmosphere and sequester it to the ocean floor. OIF has been criticized on several grounds. including the foreseeable and unforeseeable adverse consequences it may cause to the marine environment, as well as the daunting challenge of reconciling several potentially overlapping sources of international and domestic environmental law, which may …


The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki Jan 2016

The Neo-Liberal Turn In Environmental Regulation, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Regulation has taken a neoliberal turn, using market-based mechanisms to achieve social benefits, especially in the context of environmental protection, and promoting information dissemination, labeling, and advertising to influence consumer preferences. Although this turn to neoliberal environmental regulation is well under way, there have been few attempts to manage this new reality. Instead, most commentators simply applaud or criticize the turn. If relying on neoliberal environmental reform (i.e., facing this reality regardless of one’s view of this turn), regulation and checks on these reforms are required. This Article argues that in light of the shift from traditional to neoliberal “substantive” …


Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan Jan 2016

Fossil Fuel Abolition: Legal And Social Issues, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This Article will examine the practical, ethical, legal, and socio-political implications of fossil fuel abolition. First, the Article will consider the practical, ethical, and legal arguments in favor of fossil fuel abolition. Then, the Article will examine possible legal means and authorities to implement abolition in the United States, as well as potential legal objections to fossil fuel abolition. Finally, the Article will consider legal abolition’s capacity to effect the far-reaching changes in our socioeconomic system that a ban on fossil fuels will entail. The Article also will compare the climate reform movement to other social law reform movements in …


Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey Jan 2016

Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey

Suffolk University Law School Faculty Works

Can the President, through executive action with no approval of Congress whatsoever, change the world? Declared President Obama: “If Congress won't act soon to protect future generations, I will.” What is considered the second most important invention in history—electricity—has had its legal regulation and technological foundation fundamentally changed by unilateral executive action in
the past two years. As a result of this unilateral executive action, critical technology and modern society are changing fundamentally.

This is not without legal challenge: Shortly after the Obama Administration announced its Clean Power Plan, House of Representatives Speaker John Boehner announced that he and others …


Climate Exactions, J. Peter Byrne, Kathryn A. Zyla Jan 2016

Climate Exactions, J. Peter Byrne, Kathryn A. Zyla

Georgetown Law Faculty Publications and Other Works

This essay presents a legal device by which local governments can put a price on climate emissions and loss of resiliency generated by new real estate development. Local governments commonly impose fees, a type of monetary exaction, on new development to offset public costs that such development will impose. This Essay argues that monetary fees offer significant potential as a tool to help local governments manage land development’s contribution to climate change. Such “climate exactions” can put a price on the carbon emissions from new development and also on development that reduces the natural resiliency of the jurisdiction to the …


V.7, 2016 Masthead Jan 2016

V.7, 2016 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.