Nobel Prizes Would Have Flunked Benzene: Judicial Review Of Administrative Evidence Overlooks Science's Linguistic Tradition,
2016
Seton Hall University
Nobel Prizes Would Have Flunked Benzene: Judicial Review Of Administrative Evidence Overlooks Science's Linguistic Tradition, Jimmy J. Zhuang
Seton Hall Circuit Review
No abstract provided.
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration,
2016
Barry University School of Law
Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira
Environmental and Earth Law Journal (EELJ)
In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe,
2016
Barry University School of Law
Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb
Environmental and Earth Law Journal (EELJ)
Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European …
Too Many Humans, Dwindling Resources, And Not Enough Space,
2016
Barry University School of Law
Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez
Environmental and Earth Law Journal (EELJ)
This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …
Equal Protection For Animals,
2016
New York University School of Law
Equal Protection For Animals, Pat Andriola
Environmental and Earth Law Journal (EELJ)
This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.
Oregon Natural Desert Association V. Jewell,
2016
Alexander Blewett III School of Law at the University of Montana
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
Public Land & Resources Law Review
In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.
Appeal No. 0911: James Landoll, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0911: James Landoll, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2015-549 (Failure to maintain liability insurance)
Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide,
2016
Texas A&M University School of Law
Notes From The Border: Writing Across The Administrative Law/Financial Regulation Divide, Robert B. Ahdieh
Faculty Scholarship
A central feature – if not the central feature – of legal scholarship today is analysis across divides.
It is surprising, then, how little has been written across the divide that separates administrative law and financial regulation. That is perhaps especially so, given the modest nature of the relevant divide: one that is intra- rather than interdisciplinary, one that operates within rather than across geographic boundaries, and one that involves no temporal dimension but operates entirely within current-day law.
For all the proximity in their interests, targets of study, and even analytical tools, however, scholars of administrative law and of …
Regional Framework For Coastal Resilience In Southern Connecticut: Legal, Policy, And Regulatory Assessment,
2016
Roger Williams University
Regional Framework For Coastal Resilience In Southern Connecticut: Legal, Policy, And Regulatory Assessment, Marine Affairs Institute (Mai), Roger Williams University School Of Law
Sea Grant Law Fellow Publications
No abstract provided.
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016,
2016
Roger Williams University
18th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2016, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?,
2016
University of Georgia School of Law
Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson
Georgia Journal of International & Comparative Law
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement,
2016
University of Georgia School of Law
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue,
2016
Seattle University School of Law
Medicaid Maximization And Diversion: Illusory State Practices That Convert Federal Aid Into General State Revenue, Daniel L. Hatcher
Seattle University Law Review
For years, states have been using illusory schemes to maximize federal aid intended for Medicaid services—and then often diverting some or all of the resulting funds to other use. And states have help. Private revenue maximization consultants are hired by states to increase Medicaid claims, often for a contingency fee. We do not know the exact amount of federal Medicaid funds that has been diverted to state revenue and private profit each year, but it is in the billions. Part I of this Article sets out the structure of the Medicaid program and describes states’ use of revenue maximization contractors …
Environmental Justice And Community-Based Reparations,
2016
Seattle University School of Law
Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman
Seattle University Law Review
This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …
Appeal No. 0925: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0925: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
Appeal No. 0922: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0922: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
Appeal No. 0923: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0923: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
Appeal No. 0924: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0924: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
Appeal No. 0920: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0920: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
Appeal No. 0917: Scott L. Boncha, V. Division Of Oil & Gas Resources Management,
2016
Case Western Reserve University School of Law
Appeal No. 0917: Scott L. Boncha, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Orders 2016-55, 2016-67 through 2016-75
