Calming Troubled Waters: Local Solutions, Part I,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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,
2019
Loyola University Chicago, School of Law
A Hidden Crisis: Housing Insecurity On College Campuses, Christina Mendoza
Public Interest Law Reporter
No abstract provided.
