Notre Dame Law School
Washington University School of Law
Liberty University
University of Maine School of Law
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation,
2020
University of New Mexico
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest,
2018
University of Oregon
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
American Indian Law Journal
As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway ...
The Architecture Of Law: Building Law In The Classical Tradition,
2018
University of Oklahoma
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
Brian M McCall
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico,
2018
University of New Mexico
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa
Clifford J. Villa
A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico,
2018
University of New Mexico
Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa
Faculty Scholarship
A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Public Land & Resources Law Review
This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty,
2018
Chicago-Kent College of Law
The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman
Steven J. Heyman
No abstract provided.
Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise,
2018
University of Maine School of Law
Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise, Mary M. Sauer
Maine Law Review
Marine mammals and commercial fishermen come into direct conflict when marine mammals become entangled in commercial fishing nets. Since marine mammals must come up to the water surface in order to breathe, they will die if they cannot break free of an underwater net. This conflict is exemplified by the plight of the harbor porpoise in the Gulf of Maine. The federal regulatory framework that attempts to balance the competing interests of commercial fishermen and marine mammals is currently in flux, and its final form may determine the fate of species like the harbor porpoise. This Comment will examine the ...
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty,
2018
Southern Methodist University
A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker
Perkins Faculty Research and Special Events
Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.
For the sake of abolishing slavery, the Thirteenth Amendment says:
(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
(Section 2) Congress shall have power to enforce this article ...
The New Mexico Professional Corporation,
2018
University of New Mexico - Main Campus
The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith
Robert Desiderio
No abstract provided.
A New Natural Law Reading Of The Constitution,
2018
Louisiana State University Law Center
A New Natural Law Reading Of The Constitution, Santiago Legarre
Louisiana Law Review
The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.
Green Justice, The Environment And The Courts,
2018
University of New Mexico - Main Campus
Green Justice, The Environment And The Courts, Ruth L. Kovnat
Ruth L. Kovnat
No abstract provided.
Air Pollution,
2018
University of New Mexico - Main Campus
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology,
2018
Southern Methodist University
Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker
Perkins Faculty Research and Special Events
This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.
Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house ...
The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America,
2018
James Madison University
The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin
Masters Theses
Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the ...
Substantive Due Process And The Politicization Of The Supreme Court,
2018
Claremont Colleges
Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman
CMC Senior Theses
Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.
This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role ...
The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning,
2017
Selected Works
The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning
Thomas V. Gourlay
Law In Books And Law In Action: The Problem Of Legal Change,
2017
University of Maine School of Law
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It ...
The Constitution And The Declaration Of Independence: Natural Law In American History,
2017
St. John's University School of Law
The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.
The Catholic Lawyer
No abstract provided.
Natural Law Basis For The Copyright Doctrine Of Droit Moral,
2017
St. John's University School of Law
Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart
The Catholic Lawyer
No abstract provided.
