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The Real World Roadless Rules Challenges, Kyle J. Aarons 2011 University of Michigan Law School

The Real World Roadless Rules Challenges, Kyle J. Aarons

Michigan Law Review

The legal status of America's 58.5 million acres of Inventoried Roadless Areas has been unsettled for nearly a decade. These wild areas were given strict protection in the final days of the Clinton Administration, but President Clinton's Roadless Rule was suspended and later overturned by the Bush Administration when it promulgated its State Petitions Rule. Both rules were challenged in various courts, with conflicting results. As it stands, the United States Forest Service is simultaneously compelled to follow the Roadless Rule by the Ninth Circuit and barred from following the rule by the Tenth. This Note argues that both rules …


Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke 2011 Yeshiva University, Cardozo School of Law

Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke

Cardozo Journal of Conflict Resolution

The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.


Lying In The Scanner: Covert Countermeasures Disrupt Deception Detection By Functional Magnetic Resonance Imaging, Giorgio Ganis, J. Peter Rosenfeld, John B. Meixner Jr., Rogier Kievit, Haline Schendan 2011 Harvard University

Lying In The Scanner: Covert Countermeasures Disrupt Deception Detection By Functional Magnetic Resonance Imaging, Giorgio Ganis, J. Peter Rosenfeld, John B. Meixner Jr., Rogier Kievit, Haline Schendan

Scholarly Works

Functional magnetic resonance imaging (fMRI) studies have documented differences between deceptive and honest responses. Capitalizing on this research, companies marketing fMRI-based lie detection services have been founded, generating methodological and ethical concerns in scientific and legal communities. Critically, no fMRI study has examined directly the effect of countermeasures, methods used by prevaricators to defeat deception detection procedures. An fMRI study was conducted to fill this research gap using a concealed information paradigm in which participants were trained to use countermeasures. Robust group fMRI differences between deceptive and honest responses were found without, but not with countermeasures. Furthermore, in single participants, …


Wilderness, The Courts And The Effect Of Politics On Judicial Decisionmaking, Peter A. Appel 2011 University of Georgia

Wilderness, The Courts And The Effect Of Politics On Judicial Decisionmaking, Peter A. Appel

Scholarly Works

Empirical analyses of cases from federal courts have attempted to determine the effect of judges’ political ideology on their decisions. This question holds interest for scholars from many disciplines. Investigating judicial review of the actions of administrative agencies should provide strong evidence on the question of political influence because applicable rules of judicial deference to administrative decisions ought to lead judges to reach politically neutral results. Yet several studies have found a strong correlation between results in these cases and proxies for political ideology. Cases involving the interpretation of environmental law have been of particular interest as a subset of …


Strategic Spillovers, Daniel B. Kelly 2011 Notre Dame Law School

Strategic Spillovers, Daniel B. Kelly

Journal Articles

The conventional problem with externalities is well known: Parties often generate harm as an unintended byproduct of using their property. This Article examines situations in which parties may generate harm purposely, in order to extract payments in exchange for desisting. Such “strategic spillovers” have received relatively little attention, but the problem is a perennial one. From the “livery stable scam” in Chicago to “pollution entrepreneurs” in China, parties may engage in externality-generating activities they otherwise would not have undertaken, or increase the level of harm given that they are engaging in such activities, to profit through bargaining or subsidies. This …


Transition Policy In Environmental Law, Bruce R. Huber 2011 Notre Dame Law School

Transition Policy In Environmental Law, Bruce R. Huber

Journal Articles

Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. This distinction reflects a recurrent political challenge for environmental policymakers: whether and how to mitigate regulatory burdens when policy change upsets settled expectations and investment commitments. Environmental law often grandfathers existing products and pollution sources or provides them with other kinds of transition relief. This paper presents a survey of transition policies in environmental regulation, which is followed by a pair of short case studies drawn from the trucking and pesticide industries. These examples demonstrate that the form and extent of transition …


See The Mojave!, John Copeland Nagle 2011 Notre Dame Law School

See The Mojave!, John Copeland Nagle

Journal Articles

This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …


Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants, And Empower Ratepayers, Shannon Baker-Branstetter 2011 Villanova University Charles Widger School of Law

Distributed Renewable Generation: The Trifecta Of Energy Solutions To Curb Carbon Emissions, Reduce Pollutants, And Empower Ratepayers, Shannon Baker-Branstetter

Villanova Environmental Law Journal (1991 - )

No abstract provided.


For The Birds: Judicial Expansion Of Executive Power In Fund For Animals V. Kempthorne, Lauren B. Murray 2011 Villanova University Charles Widger School of Law

For The Birds: Judicial Expansion Of Executive Power In Fund For Animals V. Kempthorne, Lauren B. Murray

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson 2011 Villanova University Charles Widger School of Law

Energy Revolution And Disaster Response In The Face Of Climate Change, Elizabeth Burleson

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Bats And Breezes Take On Federal Policy: The Windy Effects Of Animal Welfare Institute V. Beech Ridge Energy Llc, Kirsten S. Balzer 2011 Villanova University Charles Widger School of Law

Bats And Breezes Take On Federal Policy: The Windy Effects Of Animal Welfare Institute V. Beech Ridge Energy Llc, Kirsten S. Balzer

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Muddying The Waters: United States V. Cundiff Adds Confusion And Complexity To The Ongoing Debate Over The Scope Of Federal Jurisdiction Under The Clean Water Act, P. Ryan Henry 2011 Villanova University Charles Widger School of Law

Muddying The Waters: United States V. Cundiff Adds Confusion And Complexity To The Ongoing Debate Over The Scope Of Federal Jurisdiction Under The Clean Water Act, P. Ryan Henry

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Ring Temperatures, Political Questions, And Public Nuisances: The Second Circuit Weighs In On The Climate Change Debate In Connecticut V. American Electric Power Co., Michael Schiraldi 2011 Villanova University Charles Widger School of Law

Ring Temperatures, Political Questions, And Public Nuisances: The Second Circuit Weighs In On The Climate Change Debate In Connecticut V. American Electric Power Co., Michael Schiraldi

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr. 2011 S.J. Quinney College of Law, University of Utah

Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the program aimed at increasing the efficiency of highway vehicles that is administered by the EPA under the Clean Air Act and by the Department of Transportation.


Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong 2011 Columbia Law School, Sabin Center for Climate Change Law

Carbon Offshoring: The Legal And Regulatory Framework For Coal Exports, Daniel M. Firger, Robert Denicola, Katherine English, Daniel Raichel, Ross Wolfarth, Kennan Zhong

Sabin Center for Climate Change Law

This report examines the legal and regulatory framework for U.S. coal exports, focusing in particular on the significant improvements in railroad and port infrastructure that will be necessary in order to boost the volume of overseas coal shipments to the degree anticipated by recent industry projections. While existing railroads and ports have the capacity to handle current coal export volumes, much more infrastructure will be needed to meet surging foreign demand. A wide variety of new construction projects are under consideration to expand capacity and relieve congestion. These range from double-tracking existing Class I railroad rights of way to dredging …


Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin 2011 Zhongnan University of Economics and Law

Memorandum On China’S Measures For Addressing Sea Level Change, Zhang Zhongmin

Sabin Center for Climate Change Law

This paper describes the current state of China’s recognition of sea level rise in the context of global climate change. The author analyzes official state documents addressing sea level rise, including the annual China Sea Level Communiqué, and compares them with local government initiatives and perspectives from non-governmental sources such as academia, NGOs and the general public. The paper concludes that, while China has taken many commendable steps towards addressing sea level rise, there are still considerable obstacles to be overcome. Finally, the author recommends that local governmental and non-governmental actors play a larger and better defined role. The author …


The Enforceability Of Exacted Conservation Easements, Jessica Owley 2011 University of Miami School of Law

The Enforceability Of Exacted Conservation Easements, Jessica Owley

Articles

No abstract provided.


Winter 2011 Utton Center Newsletter, Utton Center, University of New Mexico - School of Law 2011 University of New Mexico

Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson 2011 St. John's University School of Law

Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam A. Cherry, Judd F. Sneirson

Faculty Publications

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stand as an indictment not just of our national energy priorities and environmental law enforcement; they equally represent a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. This Article then proposes reforms and protections designed to increase corporate social …


Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert 2011 University of Massachusetts

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.


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