Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law,
2011
University of Maryland School of Law
Resolving Conflicts Between Green Technology Transfer And Intellectual Property Law, Robert V. Percival, Alan Miller
Faculty Scholarship
This paper examines claims that intellectual property law, which is designed to create incentives for innovation, actually may inhibit the transfer to developing countries of green energy innovations. Although the paper cannot find significant examples of green energy technologies whose diffusion has been hindered by existing intellectual property protections, it explores strategies, such as compulsory licensing schemes, for responding to such problems if and when they arise in the future. The paper concludes that intellectual property law need not be an obstacle to a global transformation toward a green energy infrastructure that can promote economic development while advancing new levels …
Black Carbon: The Most Important Ignored Contributor To Climate Change,
2011
University of Maryland Francis King Carey School of Law
Black Carbon: The Most Important Ignored Contributor To Climate Change, Kate Deangelis
Maryland Journal of International Law
No abstract provided.
Water, Climate, And Energy Security,
2011
Pace Law School
Water, Climate, And Energy Security, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
The Cancún Climate Conference,
2011
Pace Law School
The Cancún Climate Conference, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Innovation Cooperation: Energy Biosciences And Law,
2011
Pace Law School
Innovation Cooperation: Energy Biosciences And Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.
Energy Revolution And Disaster Response In The Face Of Climate Change,
2011
Pace Law School
Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures. Part II of this article will address emergency preparedness for effective disaster response. Part III will analyze how decision-makers can use adaptive management in a shared local, regional, national, and international cohesive frame- work. Part IV will recommend resilient green building strategies. This article concludes that in the midst of an unprecedented energy revolution, there are meaningful emergency preparedness measures that the international community can facilitate to build resilience in the face of natural and unnatural disasters.
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System,
2011
Elisabeth Haub School of Law at Pace University
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis,
2011
Elisabeth Haub School of Law at Pace University
The Future Of Food Eco-Labeling: Organic, Carbon Footprint, And Environmental Life-Cycle Analysis, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article discusses public and private efforts to inform consumers about environmentally preferable food choices. Part II describes the environmental consequences of the modern food system. Part III describes existing public and private eco-labeling regimes, including organic labeling, carbon footprint labeling, and country of origin labeling.
Capturing Individual Harms,
2011
Elisabeth Haub School of Law at Pace University
Capturing Individual Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …
The Future Of Climate Change Litigation After Aep V. Connecticut,
2011
American University Washington College of Law
The Future Of Climate Change Litigation After Aep V. Connecticut, Amanda Leiter, Rick Faulk, Eric Lasker, Mike Myers
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty,
2011
Elisabeth Haub School of Law at Pace University
Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio
Elisabeth Haub School of Law Faculty Publications
This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been perceived as …
Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?,
2011
Columbia Law School, Sabin Center for Climate Change Law
Assisted Migration: A Viable Conservation Strategy To Preserve The Biodiversity Of Threatened Island Nations?, Jessica A. Wentz
Sabin Center for Climate Change Law
Anthropogenic climate change poses a substantial threat to biodiversity. The IPCC estimates that 20-30% of species will face an increased risk of extinction if the average global temperature rises more than 1.5 to 2.5 degrees Celsius. Additional scientific studies indicate that 15-37% of species may become extinct by 2050 due to global warming, based on current emissions trajectories. Domestic and international strategies to manage this threat have traditionally focused on conservation and mitigation. In the last few years, however, policy makers have recognized that near-term climate impacts are inevitable and thus adaptation strategies are required to protect both humans and …
Domestic Mitigation Of Black Carbon From Diesel Emissions,
2011
Columbia Law School, Sabin Center for Climate Change Law
Domestic Mitigation Of Black Carbon From Diesel Emissions, Hannah Chang
Sabin Center for Climate Change Law
Black carbon, a component of soot and particulate matter, competes closely with methane as the largest anthropogenic contributor to global warming after carbon dioxide. Regulation of black carbon has been identified as an affordable, politically feasible, fast-action means to mitigate the warming temperatures caused by climate change. With an emphasis on domestic mitigation, this Article examines how emissions are controlled under the CAA and what EPA, states, and municipalities can do to mitigate black carbon emissions further.
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration,
2011
Columbia Law School
Shopping For State Constitutions: Unequal Gift Clauses As Obstacles To Optimal State Encouragement Of Carbon Sequestration, Nicholas Houpt
Sabin Center for Climate Change Law
Carbon capture and sequestration technology (CCS) could drastically reduce CO2 emissions from coal-fired power plants, thereby mitigating climate change. CCS, however, faces a difficult barrier to market entry: liability for the technology’s many long-term risks. States would like to alleviate this long-term liability problem to capture CCS’s social benefits. Some state constitutions, however, have provisions called “gift clauses” that prohibit giving aid to private parties. This Note argues that some state constitutions’ gift clauses prevent indemnification of private CCS developers. As this Note’s fifty state survey shows, other state constitutions allow indemnification. This asymmetry in constitutionally-allowed financial encouragement results in …
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation,
2011
University of Miami School of Law
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?,
2011
St. Francis School of Law
Does The Supreme Court's Burlington Northern Decision Require Reconsideration Of The Aceto Line Of "Arranger" Liability Cases?, Aaron Gershonowitz
University of Baltimore Law Review
No abstract provided.
Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward,
2011
Duke Law School
Overcoming The Impasse On Intellectual Property And Climate Change At The Unfccc: A Way Forward, Jerome H. Reichman, Ahmed Abdel Latif, Keith Maskus, Ruth Okediji, Pedro Roffe
Faculty Scholarship
The global spotlight is once again focused on the challenges of climate change with the annual United Nations Framework Convention on Climate Change (UNFCCC) Conference of the Parties kicking off this week (November 28th–December 7th) in Durban, South Africa. With the international community looking to Durban for results, an important opportunity exists to address one of the most contentious – and misunderstood – issues in the climate change debate: the role of intellectual property rights in the production of and access to mitigation and adaptation technologies. The rapid development and diffusion of these technologies is a key component of the …
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services,
2011
Duke Law School
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman
Faculty Scholarship
No abstract provided.
Guarding The Fort, Cook Inlet, Alaska,
2011
UC Law SF
Guarding The Fort, Cook Inlet, Alaska, Erin Sedloff
UC Law Environmental Journal
No abstract provided.
Tufas On The Shores Of Mono Lake,
2011
UC Law SF
Tufas On The Shores Of Mono Lake, Nadia Kayyali
UC Law Environmental Journal
No abstract provided.
