Rebalancing Bracker Forty Years Later,
2021
Illinois State University
Rebalancing Bracker Forty Years Later, William Mcclure, Thomas E. Mcclure
American Indian Law Journal
This Article examines forty years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. First, this Article chronicles the history and progression of the Bracker balancing test in the Supreme Court. Second, this Article cross-tabulates judicial findings of no preemption with key characteristics of all lower court state taxation decisions that cite Bracker. Third, this Article reports the results of regression analyses that reveal lower courts were less likely to find preemption of cigarette taxes, more likely to find state fuel …
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota,
2021
University of Iowa College of Law
The Blind Eye: Jus Soli, And The "Pretended" Treaty Of New Echota, Christopher Robert Rossi
American Indian Law Journal
No abstract provided.
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again),
2021
Seattle University School of Law
The Time Is Now For The Iachr To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again), Lara C. Diaconu
American Indian Law Journal
No abstract provided.
Unqualified? Investing In Qualified Opportunity Zones On Reservations,
2021
Seattle University School of Law
Unqualified? Investing In Qualified Opportunity Zones On Reservations, Ben Gibson
American Indian Law Journal
This paper evaluates the impact of qualified opportunity zones, created by the Tax Cuts and Jobs Act of 2017, on Indian reservations. The former Chairman of the Council of Economic Advisers hailed the qualified opportunity zone program as the part of the TCJA of which he was most proud. But the program has not benefited all intended beneficiaries equally. The author of this paper collects data about the presence of qualified opportunity zones on Indian reservations. Compared to other areas designated as qualified opportunity zones, Indian Reservations were disproportionately underinvested in. The author evaluates the comparative lack of qualified opportunity …
Case Law On American Indians,
2021
Seattle University School of Law
Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements,
2021
University of Denver College of Law
Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements, Christopher M. Macneill
American Indian Law Journal
This article after a brief introduction which describes the Inuit of Canada and their administrative segmentation by the territorial and provincial boundaries of the Yukon Territory, Northwest Territory, Nunavut Territory, Province of Quebec and the Province of Labrador. While arguably the Inuit are also considered to have traditionally used the northern regions of other provinces this study will focus on the present governance organizational framework assigned via Inuit Land Claims with Canada. The formation of Canada in 1867 and the subsequent partitioning of the Yukon and Nunavut from the Northwest Territory, and the addition of the Northern Quebec (Ungava Bay …
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned,
2021
Bentley University
Native Nations' Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned, David E. Missirian
American Indian Law Journal
No abstract provided.
Diversifying Nuclear Technology: A Technical Analysis On Small Modular Reactors And Its Impact On Nuclear Energy Policy,
2021
Liberty University
Diversifying Nuclear Technology: A Technical Analysis On Small Modular Reactors And Its Impact On Nuclear Energy Policy, Carolina Lugo Mejia, Marcos Lugo
Helm's School of Government Conference - 2021-2024
The energy policy debate in the United States has revolved around the diversification of energy sources while promoting advantageous economic profits. One drive for this has been the discussion of anthropogenic, environmental endangerment concerns (Vlassopoulous 2011, 104). However, despite the environmental concerns, the U.S. has for some time only relied on one type of energy source—fossil fuels. Fossil fuels are categorized as natural gas, coal, petroleum, and other gases responsible (U.S. Energy Administration 2019). Natural gas is responsible for 38.4%, coal for 23.4%, petroleum for 0.4%, and other gases for 0.3% of the U.S.’s electrical generation (U.S. Energy Administration 2019). …
Climate Change Has Beef With Federal Cattle Grazing,
2021
Southern Methodist University, Dedman School of Law
Climate Change Has Beef With Federal Cattle Grazing, John David Janicek
Washington Journal of Environmental Law & Policy
Increased emissions of greenhouse gases are causing the Earths climate to change producing extreme temperatures and dangerous conditions for mankind. Livestock is positioned at a unique juncture of the current and future fight against atmospheric temperature rise. These animals produce the very nutrients a growing world population needs to survive, and the meat they yield plays an important role in all world cultures. Unfortunately, the production of livestock is considered one of the most significant emitters of greenhouse gases, of which cattle is the largest contributor. Therefore, a balance must be struck between livestock production and preservation of the Earth. …
Table Of Contents,
2021
University of Washington School of Law
Table Of Contents
Washington Journal of Environmental Law & Policy
No abstract provided.
Finding Better Words: Markets, Property, Rights, And Resources,
2021
Texas A&M University School of Law
Finding Better Words: Markets, Property, Rights, And Resources, Andrew P. Morriss, Roger E. Meiners, Bruce Yandle
Washington Journal of Environmental Law & Policy
To use or conserve environmental and natural resources effectively is complex. Many economists believe that institutional solutions built around markets and property rights can help improve results. This approach addresses what Peruvian economist Hernando de Soto termed the “missing lessons of U.S. history”— institutions whose designers may not have understood the outcomes that would occur, but the results were generally beneficial. However, technical economic analysis generally fails to persuade many at the policy level. Adding a focus on the practicality of solving issues by voluntary action will enrich the policy discussions. To do so requires economists to provide concrete examples …
Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development,
2021
South Asian Unievrsity
Principle Of Cbdr-Rc: Its Interpretation And Implementation Through Ndcs In The Context Of Sustainable Development, Stellina Jolly, Abhishek Trivedi
Washington Journal of Environmental Law & Policy
For the international community, 2015 was a momentous year in terms of transformative legal developments. Climate change response culminated in the adoption of the Paris Agreement and Sustainable Development Goals (SDGs), which heralded a new era in the international community’s pursuit of sustainability. Both of these developments are complementary; the climate change legal framework acknowledges sustainable development, and SDGs explicitly recognize the United Nations Framework Convention on Climate Change and the Paris Agreement. The Paris Agreement presented to the global community an objective to strengthen the global response to the threat of climate change, through sustainable development and efforts to …
A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law,
2021
Symbiosis Law School, Pune
A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.
Library Philosophy and Practice (e-journal)
This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …
A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law,
2021
Symbiosis Law School
A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.
Library Philosophy and Practice (e-journal)
This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …
Flood Management In Texas: Planning For The Future,
2021
Texas A&M University School of Law
Flood Management In Texas: Planning For The Future, John Diggs, Samantha Mikolajczyk, Lora Naismith, Margaret Reed, Rory Smith
EENRS Program Reports & Publications
This Report examines existing flood-related regulations in Texas and the United States, the Texas State Flood Plan, current flood mitigation strategies in the state, and the potential to implement green stormwater infrastructure. The report offers policy recommendations to clarify and help alleviate the current ambiguities and uncertainties between the Texas State Water Plan and State Flood Plan for future flood mitigation practices, and to simplify the implementation of green infrastructure.
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections,
2021
University of Miami Law School
The Right To Live: How North Atlantic Right Whales Are Going Extinct Despite Environmental Protections, Justin Weatherwax
University of Miami Inter-American Law Review
No abstract provided.
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced,
2021
University of Miami Law School
Deforestation Of The Brazilian Amazon Under Jair Bolsonaro’S Reign: A Growing Ecological Disaster And How It May Be Reduced, Richard Perez
University of Miami Inter-American Law Review
No abstract provided.
Meic V. Deq,
2021
Alexander Blewett III School of Law at the University of Montana
Meic V. Deq, Kirsten D. Gerbatsch
Public Land & Resources Law Review
Hecla Mining Company and its subsidiaries want to develop two industrial silver and copper mines––the Montanore and Rock Creek projects––beneath northwest Montana’s Cabinet Mountains Wilderness. Environmental organizations, in just one of a series of legal challenges to protect high-quality designated resource waters and unique bull trout and grizzly bear habitat, brought an action seeking a declaration that Montana Department of Environmental Quality’s issuance of a permit for the Montanore Project was unlawful. The Montana Supreme Court, in a four-member majority, affirmed the district court’s vacatur and remanded the case to the state agency for further proceedings. The decision is celebrated …
The Pandemic Legacy: Accounting For Working-From-Home Emissions,
2021
Vanderbilt University Law School
The Pandemic Legacy: Accounting For Working-From-Home Emissions, Michael P. Vandenbergh, Sharon Shewmake
Vanderbilt Law School Faculty Publications
The COVID-19 pandemic has resulted in millions of employees working from home, a development that is challenging public and private standards for reporting and reducing greenhouse gas emissions. Under these standards, corporations disclose the emissions from large buildings and the power plants that supply them with energy, but most do not report other types of emissions. When employees shift from working at an office to working at home, the corporate emissions appear to have decreased even though they have simply shifted beyond the boundary of the reporting requirement. This move creates greenwashing risks--the ability to claim that corporate greenhouse gas …
The Choice Of Law Issue For Corporate Successor Liability Under Cercla In North Shore Gas Company V. Salomon, Inc.: Another Opinion Sidesteps The Issue,
2021
University of Kentucky
The Choice Of Law Issue For Corporate Successor Liability Under Cercla In North Shore Gas Company V. Salomon, Inc.: Another Opinion Sidesteps The Issue, Jay W. Warren
Journal of Natural Resources & Environmental Law
No abstract provided.
