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Calming Troubled Waters: Local Solutions, Part I, John R. Nolon 2019 Elisabeth Haub School of Law at Pace University

Calming Troubled Waters: Local Solutions, Part I, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …


The Most Fundamental Right, Nicholas A. Robinson 2019 Elisabeth Haub School of Law at Pace University

The Most Fundamental Right, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.


The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez 2019 Benjamin N. Cardozo School of Law

The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Cardozo Journal of Conflict Resolution

No abstract provided.


Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez 2019 Benjamin N. Cardozo School of Law

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation


Environmental Law. Disrupted, Sarah Krakoff, Inara Scott, David Takas, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan 2019 University of Colorado at Boulder

Environmental Law. Disrupted, Sarah Krakoff, Inara Scott, David Takas, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan

Publications

The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a biannual series of postings and essays, the authors, members of the Environmental Law Collaborative (ELC), have taken on the question of whether environmental law as we currently know it is up to the job of addressing these threats; and, if not, what the path forward …


Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports In The Pacific Northwest, Michael C. Blumm, Jeffrey B. Litwak 2019 University of Colorado Law School

Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports In The Pacific Northwest, Michael C. Blumm, Jeffrey B. Litwak

Colorado Environmental Law Journal

No abstract provided.


Priority Disputes Between Holders Of Old Order Mineral Rights And Holders Of Prospecting Rights Or Mining Rights Under The Mprda In South Africa: Aquila Has Not Landed, Pieter J. Badenhorst 2019 University of Colorado Law School

Priority Disputes Between Holders Of Old Order Mineral Rights And Holders Of Prospecting Rights Or Mining Rights Under The Mprda In South Africa: Aquila Has Not Landed, Pieter J. Badenhorst

Colorado Environmental Law Journal

No abstract provided.


The Conflicting Mandate: Agency Paralysis Through The Congressional Review Act's Resubmit Provision, Eric Dude 2019 University of Colorado Law School

The Conflicting Mandate: Agency Paralysis Through The Congressional Review Act's Resubmit Provision, Eric Dude

Colorado Environmental Law Journal

No abstract provided.


Hydraulic Fracturing, Radioactive Waste, And Inconsistent Regulation, Hella B. Zelleke 2019 University of Colorado Law School

Hydraulic Fracturing, Radioactive Waste, And Inconsistent Regulation, Hella B. Zelleke

Colorado Environmental Law Journal

No abstract provided.


Environmental Law. Disrupted, Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan 2019 College of Business, Oregon State University

Environmental Law. Disrupted, Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan

Journal Articles

No abstract provided.


Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott 2019 Osgoode Hall Law School of York University

Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott

Articles & Book Chapters

This chapter explores some of the tensions inherent in employing ‘rights strategies’ in environmental justice movements. Using the example of a judicial review application brought by Indigenous environmental justice activists in Canada demonstrates the symbolic power of using rights-based language for environmental justice, but also underscores the serious procedural, logistical and resource barriers that frustrate these groups in their attempts to deploy litigation tactics. Legal scholars need to think critically about ‘rights-talk’ and confront the hard questions about its utility for advancing environmental justice. In working with communities, we must learn to listen to what communities want before we default …


The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl 2019 University of Oklahoma College of Law

The (Next) Big Short And The End Of The Anthropocene, M. Alexander Pearl

Faculty Articles

It is incredibly difficult to imagine an event the likes of which humans have never seen before. That, in and of itself renders the challenge to prepare for such an event even more difficult because there is no frame of reference pushing us to act. How do you prepare to avoid something which has never occurred in the history of human occupation? That is the challenge of climate change. I argue that the Subprime Mortgage Crisis and its aftermath parallel the Climate Crisis in critical ways that should inform our tactics. Of course, there are obvious critical differences as well. …


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School of Law 2019 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Table Of Contents, Public Interest Law Reporter 2019 Loyola University Chicago, School of Law

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Death With Dignity: A Right To Death?, Emily Knox 2019 Loyola University Chicago, School of Law

Death With Dignity: A Right To Death?, Emily Knox

Public Interest Law Reporter

No abstract provided.


The Best We Can Be: How Toxic Masculinity Creates A Second Inescapable Situation For Inmates, Mariah Woodson 2019 Loyola University Chicago, School of Law

The Best We Can Be: How Toxic Masculinity Creates A Second Inescapable Situation For Inmates, Mariah Woodson

Public Interest Law Reporter

Toxic masculinity is a concept that has been in modern society for some time now. However, the recent release of the controversial Gillette razor commercial has sparked an uptick in discussions, from those who lauded the company for addressing the negative traits often associated with traditional masculinity to those who felt as though the company was unfairly targeting masculinity altogether. Regardless of where one falls on the debate, there is no denying the need for conversation. One point of discussion is what areas of our society embody these traits the most? An area that may be less intuitive are prisons …


The School To Prison Pipeline: Widespread Disparities In School Discipline Based On Race, Tara Carone 2019 Loyola University Chicago, School of Law

The School To Prison Pipeline: Widespread Disparities In School Discipline Based On Race, Tara Carone

Public Interest Law Reporter

No abstract provided.


Students For Fair Admissions V. Harvard: Admissions Administrators Threaten The Future Of Affirmative Action In The United States, Seth Johnson 2019 Loyola University Chicago, School of Law

Students For Fair Admissions V. Harvard: Admissions Administrators Threaten The Future Of Affirmative Action In The United States, Seth Johnson

Public Interest Law Reporter

No abstract provided.


Prosecutorial Accountability: The Epidemic Of Prosecutorial Misconduct In America, Brei'a Womack 2019 Loyola University Chicago, School of Law

Prosecutorial Accountability: The Epidemic Of Prosecutorial Misconduct In America, Brei'a Womack

Public Interest Law Reporter

No abstract provided.


A Hidden Crisis: Housing Insecurity On College Campuses, Christina Mendoza 2019 Loyola University Chicago, School of Law

A Hidden Crisis: Housing Insecurity On College Campuses, Christina Mendoza

Public Interest Law Reporter

No abstract provided.


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