Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI,
2024
Florida State University
Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson
American Indian Law Journal
No abstract provided.
Digital Allotment And Vanishing Indians: Idsov And Llms,
2024
University of Washington
Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety
American Indian Law Journal
No abstract provided.
How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa,
2024
Seattle University School of Law
How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre
American Indian Law Journal
No abstract provided.
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development,
2024
University of Cincinnati College of Law
The Good, The Bad, And The Gentrified: How The Historical Misuse And Future Potential Of Zoning Laws Impact Urban Development, Megan Vangilder
University of Cincinnati Law Review
No abstract provided.
Reno-Sparks Indian Colony V. Haaland,
2024
University of Montana, Alexander Blewett III School of Law
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Public Land & Resources Law Review
Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.
Solar Energy Industries Association V. Federal Energy Regulatory Commission,
2024
University of Montana, Alexander Blewett III School of Law
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Needful Rules And Regulations: Originalist Reflections On The Territorial Clause,
2024
Vanderbilt University Law School
Needful Rules And Regulations: Originalist Reflections On The Territorial Clause, Anthony M. Ciolli
Vanderbilt Law Review
There are few areas where the current state of the law is as inconsistent, incoherent, and intellectually bankrupt as the law of U.S. territories. The seminal cases in the field are the infamous Insular Cases, where the Supreme Court of the United States held that the “half-civilized,” “savage,” “ignorant and lawless” “alien races” that inhabited the United States’ overseas territories were not entitled to the same constitutional rights and protections afforded to Americans residing in the mainland United States—holdings that were based on the white man’s burden and similar then-prevalent theories of white supremacy.
Despite being firmly entrenched within the …
Chillerton Group Limited V Konkola Mineral Resources Limited And Konkola Copper Mines Plc Appeal No. 215/2023,
2024
LLM, University of Cape Town
Chillerton Group Limited V Konkola Mineral Resources Limited And Konkola Copper Mines Plc Appeal No. 215/2023, Mwaba Chileya Mulenga
SAIPAR Case Review
This case highlights the legal complexity between surface rights holders and mining rights holders over the same land area. The Court of Appeal had an opportunity to address an important issue which is the relationship between these conflicting property rights, in a way that could clarify the interpretation of the Mines and Minerals Act with regards to surface rights law. However, it missed the chance to address the full scope of this tension, particularly the notion of ‘correlative rights’ between mining and surface rights holders. In this judgment, the Court maintained that surface rights disputes should be resolved under land …
Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania,
2024
Aga Khan University
Governance And Islam In East Africa: Muslims And The State In Kenya And Tanzania, Farouk Topan, Kai Kresse, Erin E. Stiles, Hassan Mwakimako
Exploring Muslim Contexts
Explores the relationship between Muslim communities and the State in East Africa in political, institutional and legal contexts
- Focuses on the relationship between Muslims and the State in Kenya and Tanzania
- Asks which factors, both within and outside the Muslim community, shape and affect this relationship in contemporary times
- Presents 13 case studies exploring governance issues within and across the categories of politics, institutions and law in Kenya and Tanzania
- Identifies cross-cutting issues of governance and Muslim communities which are relevant beyond East Africa
Recent studies of Muslims in Kenya and Tanzania have tended either to examine governance of Muslims …
The Dark Side Of The Balloon: Restrictions On Foreign Investment In U.S. Farmland,
2024
Widener University Delaware Law School
The Dark Side Of The Balloon: Restrictions On Foreign Investment In U.S. Farmland, Sarah Everhart
Journal of Food Law & Policy
This Article argues that if legislators truly want to strengthen our food system, they should shift their focus from preventing foreign investment in farmland to supporting domestic investment in farmland. According to the National Young Farmer Survey, finding affordable land to buy is the top challenge for young farmers. This Article begins with examining the history of restricting foreign ownership of U.S. farmland. This Article also explores the current landscape of foreign investment in U.S. farmland and the perceived threat associated with this investment. The Article also examines the current renewed interest in preventing foreign landholding and what has happened …
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights,
2024
Brooklyn Law School
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Brooklyn Journal of International Law
Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty,
2024
Brooklyn Law School
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain,
2024
Brigham Young University Law School
Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen
BYU Law Review
In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.
The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …
An Originalist Approach To Puerto Rico: Arguments Against The Status Quo,
2024
Notre Dame Law School
An Originalist Approach To Puerto Rico: Arguments Against The Status Quo, Micah Allred
Notre Dame Law Review Reflection
Few originalists have grappled with a fundamental question about Puerto Rico: whether the Constitution permits the United States to hold the island indefinitely as nonstate territory. There are reasons to doubt that it does. The main purpose of the Constitution’s territorial provisions was to allow Congress to transition the then West-ern Territory into states. And, as a structural matter, Congress’s direct authority over Puerto Ricans conflicts with important constitutional principles such as federalism. But for originalists, arguments from purpose and structure are helpful only insofar as they elucidate the original meaning of the Constitution’s text. This Article lays out two …
Climate Zoning,
2024
Vanderbilt Law School
Climate Zoning, Christopher Serkin
Notre Dame Law Review
As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative,
2024
St. Mary's University
Restore Texas Land: A Proposal To Utilize Emission Reduction Credits To Fund The Railroad Commission Of Texas' Well Plugging Initiative, George Coates Roberts
St. Mary's Law Journal
No abstract provided.
Brief Of Amicae Curiae Susan Boundy-Sanders And Paula Waters In Support Of Friends Of Sammamish Valley And Futurewise, King County V. Friends Of Sammamish Valley, Washington State Supreme Court Docket No. 102177-1,
2024
University of Washington School of Law
Brief Of Amicae Curiae Susan Boundy-Sanders And Paula Waters In Support Of Friends Of Sammamish Valley And Futurewise, King County V. Friends Of Sammamish Valley, Washington State Supreme Court Docket No. 102177-1, William Bailey
Court Briefs
No abstract provided.
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country,
2024
University of Montana
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases,
2024
University of Montana
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?,
2024
University of Montana
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
