The Law Of The Eruv,
2020
Touro Law Center
The Law Of The Eruv, Michael Lewyn
Scholarly Works
Describes case law governing municipal regulation of the eruv (an artificial enclosure designed to allow observant Jews to carry on the Jewish Sabbath). The article focuses on First Amendment case law, and concludes that a municipality may prohibit eruvin only pursuant to a regulation that is enforced against comparable secular signs.
Front Matter,
2020
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A.,
2020
University of Arizona
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
Natural Resources Journal
This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?,
2020
Tulane Law School and Shanghai Maritime University
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
Natural Resources Journal
This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects,
2020
University of New Mexico
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish
Natural Resources Journal
Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019),
2020
University of New Mexico - School of Law
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Natural Resources Journal
No abstract provided.
Climate Perspectives Across The Generations,
2020
University of California, Berkeley
Climate Perspectives Across The Generations, Dan Farber
Natural Resources Journal
Climate change is a multi-generational problem, but it does not impact all generations in the same way. Correspondingly, older Americans and younger ones differ greatly in how they perceive the issue and how they respond. The wave of youth activism epitomized by Greta Thunburg is on one side of this generation gap. Donald Trump’s climate skepticism is on the other. We’re talking about large groups of people, so there is a range of attitudes on both sides, but these two individuals represent the generational differences in dramatic form. My goal today is to explore these generational differences. I want to …
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law,
2020
Wisconsin
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Natural Resources Journal
Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as …
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018),
2020
University of New Mexico - School of Law
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain
Natural Resources Journal
“Oh. Shit.” These were the first words spoken when mine sludge carrying heavy metals began spewing out of the side of Level 7 portal of the Gold King Mine. On August 5, 2015, EPA staffers and contractors were working to start clearing out debris from the mine, and instead opened a hole on the side of an old mine tunnel which released three million gallons of water and sludge into the Animas River below. The sludge would travel downstream, passing the old mining community of Silverton, CO, continuing past Durango, CO, and eventually crossing state lines into New Mexico where …
Symposium Letter,
2020
University of New Mexico - School of Law
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change,
2020
University of New Mexico
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Natural Resources Journal
This interview with Andrea Rodgers was produced through written responses to prompts from Ariel MacMillan-Sanchez in April 2020.
Creating Social Change Through Art: The Greater Chaco Art Zines,
2020
University of New Mexico - School of Law
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Natural Resources Journal
This interview with Jeanette Hart-Mann and Asha Canalos took place on March 6, 2020 in Albuquerque, New Mexico. This interview was conducted in person and edited by Ariel MacMillan-Sanchez.4 Hart-Mann and Canalos explained the importance of the Greater Chaco Art Zines project, how it came to fruition, the issues of censorship that surround it, and their perspectives on generating meaningful change. Some of the art pieces discussed in this interview are published in this article. If you would like to get involved or wish to see more of the art pieces discussed in this interview please visit https://greaterchacoartzines.org/.
The Complexities Of Democracy, Development, And Human Rights In China's Belt And Road Initiative,
2020
Notre Dame Law School
The Complexities Of Democracy, Development, And Human Rights In China's Belt And Road Initiative, Diane Desierto
Journal Articles
China's Belt and Road Initiative (BRI)-a dense network of China-funded multi-year infrastructure projects in over 65 countries from the Western Pacific to the Baltic Sea, collectively aiming to establish China's strategic "Maritime Belt" and "Silk Road" connectivity using an estimated range of USD$1 Trillion to USD$8 Trillion--is as unprecedented phenomenon in sovereign project financing and bilateral investment lending, since the United States' grant of USD $800 Billion for the Marshall Plan was for Europe's post World War II reconstruction. The scale, scope, and terms of BRI projects remain shrouded in relative opacity, with China as of this writing only incrementally …
Zoning For Families,
2020
Cornell University
Zoning For Families, Sara C. Bronin
Cornell Law Faculty Publications
Is a group of eight unrelated adults and three children living together and sharing meals, household expenses, and responsibilities—and holding themselves out to the world to have long-term commitments to each other—a family? Not according to most zoning codes—including that of Hartford, Connecticut, where the preceding scenario presented itself a few years ago. Zoning, which is the local regulation of land use, almost always defines family, limiting those who may live in a dwelling unit to those who satisfy the zoning code’s definition. Often times, this definition is drafted in a way that excludes many modern living arrangements and preferences. …
View Corridors, Access, And Belonging In The Contested City: Vancouver’S Protected View Cones, The Urban Commons, Protest, And Decisionmaking For Sustainable Urban Development And The Management Of A City’S Public Assets,
2020
Dalhousie University Schulich School of Law
View Corridors, Access, And Belonging In The Contested City: Vancouver’S Protected View Cones, The Urban Commons, Protest, And Decisionmaking For Sustainable Urban Development And The Management Of A City’S Public Assets, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
Majestic views of mountains, sky, and sea are essential components of the visual and experiential identity of Vancouver, Canada. The experience of these vistas supplements other urban realities, such as suffocating living expenses and inequality. This Article explores a recent example of urban contestation over Vancouver’s view corridors as a shared public resource and public asset. As this Article explores, exclusion from access to public assets that provide meaning to daily life — such as the mountain views in question — damage an urban citizen’s sense of identity and belonging in a city through a hierarchical experience of access and …
Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process,
2020
St. Mary's University School of Law
Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.
St. Mary's Law Journal
Abstract forthcoming
The Indigenous Decade In Review,
2020
University of New Mexico - School of Law
The Indigenous Decade In Review, Christine Zuni Cruz
Faculty Scholarship
This Article considers the decade, 2010 to 2019, in respect to indigenous peoples in the United States. The degree of invisibility of indigenous peoples, in spite of the existence of 574 federally recognized tribes with political status, is a central issue in major cases and events of the decade. Land and environment, social concerns, and collective identity are the three areas through which this Article considers the decade. The Declaration on the Rights of Indigenous Peoples, endorsed in 2010, sets a measure for the nation-state’s engagement with indigenous peoples possessed of self-determination. The criticality of a new place in the …
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?,
2020
William and Mary Law School
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?, Elizabeth Andrews, Jesse Reiblich
William & Mary Environmental Law and Policy Review
This Article discusses the impacts of climate change on rural communities, including how they can exacerbate current economic and environmental challenges there, such as increasing absentee landownership and nonexistent or failing septic systems. It focuses on the accompanying policy challenges in addressing these issues with an emphasis on efforts to address the needs of socially vulnerable communities. Additionally, it proposes key policy recommendations, including funding, planning for sea level rise, public education and communication, and addressing rural needs in the Chesapeake Bay Total Maximum Daily Load (“TMDL”) process.
The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”,
2020
University of Georgia School of Law
The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”, Tyler Gaines
Georgia Law Review
Homeownership provides owners with certain property
rights and a sense of security. One of the most important
property rights is the Takings Clause of the U.S. Constitution,
which prohibits the government from taking private property
without just compensation. The Clause has been incorporated
against the states and is interpreted as prohibiting any taking
that does not serve a public use. Despite these constitutional
protections, numerous condominium owners face the threat of
private investors taking their units for no public use, without
just compensation, and without the owners’ consent.
Many state condominium laws allow private investors who
obtain a specified percentage …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
