Seattle University School of Law
University of Baltimore School of Law
U.S. Naval War College
Columbia Law School
University of Missouri School of Law
Barry University School of Law
William & Mary Law School
University of Arkansas, Fayetteville
NYU School of Law
University of Oklahoma College of Law
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease,
2023
Elisabeth Haub School of Law at Pace University
The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree
Pace International Law Review
Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy,
2023
Suffolk University law School
Flipped Constitutional Supremacy: Inferior Local Law Blocking Federal Policy, Steven Ferrey
Utah Law Review
All cities and towns in the U.S. utilize electric power. Electric power needs to be generated. Now, energized by larger issues of rapid climate change, the U.S. and all nations must transition to lower-carbon-emission sources of power generation, of which wind power currently is the most prominent and used technology. Any community hostile to wind power can pass a highly restrictive amendment to its zoning ordinance that makes the community unattractive or costprohibitive to wind or other power generation projects. There is no requirement under state law for states to allow tens of thousands of cities and towns carte blanche …
Climate Insecurity,
2023
Florida State University College of Law
Climate Insecurity, Shi-Ling Hsu
Utah Law Review
Global climate change causes climatic events such as hurricanes, droughts, floods, and heat waves to occur more frequently and with greater severity. In addition to inflicting direct harms, climatic events disrupt the flow of commerce and natural resources, creating shortages of goods and services, sometimes temporarily, sometimes not. Climate change is getting worse, so climatic events will escalate over time, and as events cumulate, there is the potential for multiple events to heap harm on top of harm, exponentially increasing misery and disruption. What looms is the prospect of shortages of basic life necessities.
A vast literature on food and …
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands,
2023
Property and Enivromental Research Center (PERC)
Opening The Range: Reforms To Allow Markets For Voluntary Conservation On Federal Grazing Lands, Shawn Regan, Temple Stoellinger, Jonathan Wood
Utah Law Review
For nearly a century, the federal government has authorized ranchers to graze livestock on large areas of federal lands in the western United States. Federal-land grazing has generated substantial conflict in recent decades, as conservation interests and others have lobbied and litigated against what they view as inappropriate and destructive use of federal lands. This has produced a predictable backlash among ranching interests, including efforts to roll back the regulations relied on by environmental litigants and aggressive confrontations with federal regulators. But such conflict is not inevitable. Competing demands on these lands can be resolved through voluntary means and positive …
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem,
2023
S.J. Quinney College of Law
Owning The Right To Migrate: A Proposal For Migration Corridors In The Greater Yellowstone Ecosystem, Alyssa Florack-Hess
Utah Law Review
The Greater Yellowstone Ecosystem (GYE), one of the world’s most treasured regions, consists of an interconnected patchwork of federal, state, and private lands. The GYE’s elk, mule deer, and pronghorn antelope (pronghorn) rely on this vast range to complete their seasonal migrations, but development increasingly threatens this natural cycle. Moreover, the GYE’s existing wildlife management framework fails to resolve the tension between wildlife and growth, leaving both wildlife and local communities vulnerable. After reviewing the scope of the GYE’s ecological challenges, this Note proposes a new solution: a policy establishing affirmative easements across designated migration corridors in the GYE and …
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules,
2022
Georgetown University Law Center
Jazz Improvisation And The Law: Constrained Choice, Sequence, And Strategic Movement Within Rules, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
This Article argues that a richer understanding of the nature of law is possible through comparative, analogical examination of legal work and the art of jazz improvisation. This exploration illuminates a middle ground between rule of law aspirations emphasizing stability and determinate meanings and contrasting claims that the untenable alternative is pervasive discretionary or politicized law. In both the law and jazz improvisation settings, the work involves constraining rules, others’ unpredictable actions, and strategic choosing with attention to where a collective creation is going. One expects change and creativity in improvisation, but the many analogous characteristics of law illuminate why …
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars,
2022
Georgetown University Law Center
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act (CWA) has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This …
Sovereign Lands,
2022
University of Oklahoma College of Law
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming,
2022
University of Oklahoma College of Law
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia,
2022
University of Oklahoma College of Law
West Virginia, Andrew S. Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia,
2022
University of Oklahoma College of Law
Virginia, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah,
2022
University of Oklahoma College of Law
Utah, Alan M. White
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas,
2022
University of Oklahoma College of Law
Texas, Melissa Munson
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee,
2022
University of Oklahoma College of Law
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania,
2022
University of Oklahoma College of Law
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma,
2022
University of Oklahoma College of Law
Oklahoma, Matt Schlensker, Sandra Fraley
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio,
2022
University of Oklahoma College of Law
Ohio, Tim Mckeen, Melissa Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota,
2022
University of Oklahoma College of Law
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New York,
2022
University of Oklahoma College of Law
New York, Delainey Banks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New Mexico,
2022
University of Oklahoma College of Law
New Mexico, Blake C. Jones
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
