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Articles 1 - 30 of 44
Full-Text Articles in Natural Law
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It …
The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.
The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.
The Catholic Lawyer
No abstract provided.
Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart
Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart
The Catholic Lawyer
No abstract provided.
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Public Land & Resources Law Review
No abstract provided.
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer
Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer
Texas A&M Law Review
Agriculture has relied on plant breeding to improve genetics since the first domestication of agricultural plants 10,000 years ago. More recently, Gregor Mendel and his hybridization experiments on peas led to what we know as modern genetics. The rise in recombinantDNA technology has opened up many possibilities in plant breeding, including Roundup Ready technology and crop varieties designed to resist a number of pests. At the same time, governments and the private sector have sought to institute regulations for handling the releases of new biotechnology to ensure the technologies will have limited environmental impacts and provide safe foods to the …
Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman
Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman
Texas A&M Law Review
As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …
Balancing Rights: The Modern Problem, Rev. Thomas A. Russman
Balancing Rights: The Modern Problem, Rev. Thomas A. Russman
The Catholic Lawyer
No abstract provided.
The Problem Of Unjust Laws, Charles E. Rice
Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis
Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis
The Catholic Lawyer
No abstract provided.
Natural Law And The "Is" - "Ought" Question, Henry Veatch
Natural Law And The "Is" - "Ought" Question, Henry Veatch
The Catholic Lawyer
No abstract provided.
Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth
Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth
The Catholic Lawyer
No abstract provided.
Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello
Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello
The Catholic Lawyer
No abstract provided.
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford
Natural Resources Journal
Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja
Natural Resources Journal
Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate adaptation from …
Introduction, Natural Resources Vii Journal
Introduction, Natural Resources Vii Journal
Natural Resources Journal
No abstract provided.
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar
Natural Resources Journal
Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …
Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang
Natural Resources Journal
Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore
Natural Resources Journal
Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources I. Journal
Front Matter, Natural Resources I. Journal
Natural Resources Journal
No abstract provided.
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul
Natural Resources Journal
In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa
Natural Resources Journal
No abstract provided.
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …
The Significance Of Natural Law In Contemporary Legal Thought, Charles E. Marske, Charles P. Kofron, Steven Vago
The Significance Of Natural Law In Contemporary Legal Thought, Charles E. Marske, Charles P. Kofron, Steven Vago
The Catholic Lawyer
No abstract provided.
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson
Natural Resources Journal
No abstract provided.
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert
Natural Resources Journal
No abstract provided.
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman
Natural Resources Journal
No abstract provided.
Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter
Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter
Natural Resources Journal
No abstract provided.
Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist
Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist
Natural Resources Journal
No abstract provided.
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton
Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton
Natural Resources Journal
No abstract provided.