Introduction To The 10th Marine Law Symposium,
2017
Roger Williams University School of Law
Introduction To The 10th Marine Law Symposium, Julia Wyman
Roger Williams University Law Review
No abstract provided.
Bootlegging, Oysters, And Closed-To-Harvest Waters: Adding Teeth To The Coastal Zone Management Act To More Effectively And Efficiently Restore The Coastal Zone,
2017
J.D., Roger Williams University School of Law, 2016
Bootlegging, Oysters, And Closed-To-Harvest Waters: Adding Teeth To The Coastal Zone Management Act To More Effectively And Efficiently Restore The Coastal Zone, Clare M. Harmon
Roger Williams University Law Review
No abstract provided.
Plastics In The Ocean: The Environmental Plague Of Our Time,
2017
Blank Rome LLP
Plastics In The Ocean: The Environmental Plague Of Our Time, Joan M. Bondareff, Maggie Carey, Carleen Lyden-Kluss
Roger Williams University Law Review
No abstract provided.
The Big Apple's Tiny Problem: A Legal Analysis Of The Microplastic Problem In The N.Y./N.J. Harbor,
2017
Pace Law School & Clarkson University
The Big Apple's Tiny Problem: A Legal Analysis Of The Microplastic Problem In The N.Y./N.J. Harbor, Sean Dixon, Zachary Lees, Andrea Leshak
Roger Williams University Law Review
No abstract provided.
Rising To The Level Of Climate Science: Rhode Island, The National Flood Insurance Program, And Sea Level Rise Projections,
2017
J.D. Roger Williams University School of Law 2017
Rising To The Level Of Climate Science: Rhode Island, The National Flood Insurance Program, And Sea Level Rise Projections, Nicole E. Rohr
Roger Williams University Law Review
No abstract provided.
Illicit Exploitation Of Natural Resources - Art. 28l Bis Of The Malabo Protocol,
2017
Allard School of Law at the University of British Columbia
Illicit Exploitation Of Natural Resources - Art. 28l Bis Of The Malabo Protocol, James G. Stewart, Daniëlla Dam
All Faculty Publications
Article 28A(1)(13) of the Protocol to the Statute of the African Court of Justice and Human Rights lists ‘Illicit exploitation of natural resources’ as a criminal offense within the Court’s jurisdiction. In conjunction with the new mandate of the African Court, which includes the exercise of jurisdiction over corporations for the first time in an international treaty, the prohibition of “illicit exploitation of natural resources” creates an offense with especially sharp teeth, for business people, their corporations, military actors and politicians. The crime constitutes an important innovation in international law, since it offers a distinct legal basis for prosecution of …
An Evaluation Of U.S. National Wildlife Refuge Planning For Off-Road Vehicle Use,
2017
Indiana University Maurer School of Law
An Evaluation Of U.S. National Wildlife Refuge Planning For Off-Road Vehicle Use, Robert L. Fischman, Vicky J. Meretsky, Katie Freeman, Alexi Lamm, Leah Missik, Scott Salmon
Articles by Maurer Faculty
Off-road vehicles (hereafter, ORVs) rank high among public-land management challenges because they are popular, often impair environmental conditions, and may cause conflicts with other recreational users. Unit-level planning for federal lands increasingly translates broad, system-wide objectives, such as maintenance of ecological integrity, into place-based limitations on ORV use to minimize and mitigate adverse impacts on wildlife. We reviewed 176 planning documents covering 313 National Wildlife Refuges (hereafter, Refuges) to understand how planning supports or undermines ORV recreation management. These plans offer an important perspective on ORV management because the Refuges are a large, diverse system of conservation lands where recreation …
Wringing Wonder From The Arid Landscape Of Law,
2017
Indiana University Maurer School of Law
Wringing Wonder From The Arid Landscape Of Law, Robert L. Fischman
Articles by Maurer Faculty
Charles Wilkinson’s estimable contribution to public land law scholarship is widely cited but only partly understood. From the mid-1970s to the mid-1980s he upended the field by elevating the diffuse public interest, displacing creation and adjudication of private property interests as the field’s focus. However, his subsequent scholarship grappled with an even more important challenge that has been far less noted. Beginning in the late 1980s, Wilkinson explored how legal institutions should determine the pluralistic, public interest. In trailblazing articles and books, he rose to the challenge with site-specific details, compelling narratives, and aspirational themes. This work undermined the dominance …
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters,
2017
Indiana University Maurer School of Law
The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin
Articles by Maurer Faculty
Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and social-ecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing …
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships,
2017
University of St. Thomas School of Law
A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead
Cardozo Journal of Conflict Resolution
The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States,
2017
S.J. Quinney College of Law, University of Utah
Climate Regulation Of The Electricity Industry: A Comparative View From Australia, Great Britain, South Korea, And The United States, Lincoln L. Davies, Penelope Crossley, Peter Connor, Siwon Park, Shelby Shaw-Hughes
Utah Law Faculty Scholarship
Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity’s part in driving climate change, accounting for more greenhouse gas (GHG) emissions globally than any other activity. This article provides an introduction to different methods of regulating climate emissions from the electricity sector. It does so through detailed, comparative accounts of climate regulation of electricity in four different jurisdictions: Australia, Great Britain, South Korea, …
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf,
2017
S.J. Quinney College of Law, University of Utah
It's Not Just An Offshore Wind Farm: Combining Multiple Uses And Multiple Values On The Outer Continental Shelf, Robin Kundis Craig
Utah Law Faculty Scholarship
Marine aquaculture and marine-based alternative energy, especially offshore wind, are increasingly competing for space on the Outer Continental Shelf and the water column above it with each other and with more traditional ocean uses. The laws governing this increasingly crowded space need to become better aware of changing uses of and values for the ocean and to promote rational planning of how this space is used in the future.
In one approach, various regions of the U.S. coast are actively engaged in comprehensive marine spatial planning. Marine spatial planning is a process designed to prioritize, balance, and rationally allocate the …
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit,
2017
S.J. Quinney College of Law, University of Utah
Amici Curiae Brief Of Law Professors, Belk V. Commissioner, U.S. Court Of Appeals For The Fourth Circuit, Nancy Mclaughlin
Utah Law Faculty Scholarship
Amici Curiae Brief of five law professors filed in the U.S. Court of Appeals for the Fourth Circuit in support of affirming of the Tax Court's holding in Belk v. Commissioner, T.C. Memo 2013-154, and Belk v. Commissioner, 140 T.C. 1 (2013).
Incomplete Integration: Water, Drought, And Electricity Planning In The West,
2017
S.J. Quinney College of Law, University of Utah
Incomplete Integration: Water, Drought, And Electricity Planning In The West, Lincoln L. Davies, Victoria Luman
Utah Law Faculty Scholarship
The water-energy nexus is increasingly important as climate change alters social, policy, and economic tradeoffs and choices. This is particularly true in the arid western United States. This article provides an original empirical assessment of 33 integrated resource plans (IRPs) of electric utilities in that region. The analysis shows that only a minority of utilities address the risk of drought in their IRPs. Even fewer use their IRPs to develop concrete plans to address drought risk. Consequently, we suggest four different strategies for utilities to better integrate water and electricity planning. Importantly, our analysis reveals that legal and policy changes …
Solar Climate Engineering And Intellectual Property: Toward A Research Commons,
2017
S.J. Quinney College of Law, University of Utah
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …
Breaking Energy Path Dependencies,
2017
Brooklyn Law School
Breaking Energy Path Dependencies, Amy L. Stein
Brooklyn Law Review
Of the many barriers to clean energy development discussed in the literature, the power of the status quo is not normally one of them. Yet beyond the need for more transmission lines, the need to decouple electricity sales from revenue, or the need to amend our environmental laws to more fully capture the externalities of energy, efforts to develop clean energy are faced with over a century of institutional “stickiness” associated with the legal and regulatory framework governing energy. This article explores how path dependency theories can inform the practical legal efforts to overcome such stickiness, identifying the troublesome approaches …
Operationalizing Free, Prior, And Informed Consent,
2017
University of Colorado Law School
Operationalizing Free, Prior, And Informed Consent, Carla F. Fredericks
Publications
The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) has acknowledged varying ways in which international actors can protect, respect and remedy the rights of indigenous peoples. One of these methods is the concept of free, prior and informed consent (FPIC) as described in Articles 10, 19, 28 and 29. There has been much debate in the international community over the legal status of the UNDRIP, and member states have done little to implement it. In applied contexts, many entities like extractive industries and conservation groups are aware of risks inherent in not soliciting FPIC and have endeavored to …
Presidents Lack The Authority To Abolish Or Diminish National Monuments,
2017
University of Colorado Law School
Presidents Lack The Authority To Abolish Or Diminish National Monuments, Mark Squillace, Eric Biber, Nicholas S. Bryner, Sean B. Hecht
Publications
By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks. While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities …
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross,
2017
University of Washington School of Law
Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills
Articles
This Foreword to the Public Land and Resources Law Review special issue republishing and celebrating the scholarship of Professor Raymond Cross provides a context and framework for understanding and appreciating the issue's articles. The Foreword reviews Professor Cross' legacy of work as a tribal attorney on behalf of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) of the Fort Berthold Reservation and discusses the important contributions his scholarly work continue to make to the field of Federal Indian Law. As noted at the conclusion of the Foreword, "[i]t is a true honor to introduce and present some of his important …
A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act,
2017
Alexander Blewett III School of Law at the University of Montana
A Bird In The Hand: Shotguns, Deadly Oil Pits, Cute Kittens, And The Migratory Bird Treaty Act, Samuel J. Panarella
Faculty Law Review Articles
This Article is presented in three parts. Part I describes the modern application (and misapplication) of the MBTA and briefly sets out the history of the Act, including the widespread, indiscriminate killing of migratory birds for food and fashion in the 19th century that first spurred Congress to act. Building off this history and the clear Congressional intent behind the MBTA to criminalize industrial activities directed at killing birds, Part II sorts human-caused bird killing activities into three categories and proposes the appropriate MBTA liability treatment for each category based both on the original purpose of the Act and on …
