Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries,
2011
University of Kentucky
Finding Access To The Federal Courts: How The Inconsistent Application Of Federal Jurisdiction In Cases With Significant Foreign Relations Implications Affects Mining And Agriculture Industries, Rebecca C. Griffin
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Water, Climate, And Energy Security,
2011
Pace Law School
Water, Climate, And Energy Security, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation,
2011
University of Miami School of Law
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Introduction: The Deepwater Horizon Incident,
2011
University of Maine School of Law
Introduction: The Deepwater Horizon Incident, Charles H. Norchi
Faculty Publications
In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services,
2011
Duke Law School
What Is The Emperor Wearing? The Secret Lives Of Ecosystem Services, James Salzman
Faculty Scholarship
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition),
2011
University of Maryland School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Urban Green Uses: The New Renewal,
2011
Case Western Reserve University School of Law
Urban Green Uses: The New Renewal, Catherine J. Lacroix
Faculty Publications
As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …
Taxation Of Unmined Coal In Kentucky,
2011
University of Kentucky
Taxation Of Unmined Coal In Kentucky, Jesse M. Parrish
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm,
2011
University of Florida Levin College of Law
The Dormant Commerce Clause And Water Export: Toward A New Analytical Paradigm, Christine A. Klein
UF Law Faculty Publications
Facing water shortages, states struggle with competing impulses, desiring to restrict water exports to other states while simultaneously importing water from neighboring jurisdictions. In 1982, the Supreme Court weighed in on this issue through its seminal decision, Sporhase v. Nebraska ex rel. Douglas. Determining that groundwater is an article of commerce, the Court held invalid under the dormant Commerce Clause a provision of a Nebraska statute limiting water export. The issue has again come into the national spotlight, as the Tarrant Regional Water District of Texas has challenged Oklahoma legislation limiting water exports, and as Wind River L.L C …
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not,
2011
University of Florida Levin College of Law
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy
UF Law Faculty Publications
There are many law and policy lessons to be learned from the BP Deepwater Horizon disaster and its aftermath. Some are lessons specific to the BP oil well blowout. Regrettably, Congress has failed to enact even these critical reforms, although some important regulatory reforms have been adopted. This Article focuses on three broader lessons that this disaster should also teach, but that are very unlikely to be learned; lessons that could help to reduce the risk of future disasters. These meta-lessons suggest the need to: (1) learn from the next disaster—not the last one; (2) learn from the blueprint of …
Images Of Force: The Power Of Maps In Community Development,
2011
Washington and Lee University School of Law
Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley
Scholarly Articles
Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …
Eagle Party,
2011
Boston University School of Law
Eagle Party, Jay D. Wexler
Faculty Scholarship
The Rocky Mountain Arsenal National Wildlife Refuge is a straight shot up Havana Street off of I-70 just east of downtown Denver, past an Office Depot and the national headquarters of a company called Scott’s Liquid Gold. No signs point to the Refuge, which was created on the site of a chemical munitions facility back in the mid-1990s and is now home to a herd of bison, dozens of burrowing owls, and so many furry prairie dogs that a roadside sign warns oncoming traffic of their potential “XING.” The entrance is hardly inviting, although the officer working the booth there …
Enforcing The Rules: Government And Citizen Oversight Of Mining,
2011
Revenue Watch Institute
Enforcing The Rules: Government And Citizen Oversight Of Mining, Erin Smith, Peter Rosenblum
Human Rights Institute
In recent history, mining has failed to deliver many of the benefits citizens expect, particularly in poorer nations rich in natural resources and high in hopes. Many of the reasons remain unclear. In some cases, the problem is linked to bad deals with mining companies. But no matter the quality of the deal, other problems arise from failure to effectively monitor and enforce the existing obligations. This report examines the monitoring of mining obligations, characterizes the main gaps, identifies policy options and good practices, and proposes practical ways for both government and civil society to improve monitoring and enforcement.
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System,
2011
Elisabeth Haub School of Law at Pace University
Food, Law & The Environment: Informational And Structural Changes For A Sustainable Food System, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This Article considers legal, theoretical, and practical steps to a more sustainable food model. Part I discusses the underlying reasons for problems in the current food system, including those manifested in law, and the perceived benefits of creating a new agricultural paradigm. Part II discusses the major agricultural and food programs that have become more common in shaping a different food system model, specifically focusing on direct marketing (for example, farmers markets and community-supported agriculture) and the organic movement as it relates to small farmers. Part III argues that in order to change modern American food consumption, two changes must …
Climate Policy & U.S.-China Relations,
2011
Elisabeth Haub School of Law at Pace University
Climate Policy & U.S.-China Relations, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
The Chinese stance, that no cap on carbon emissions will ever exist no matter how high, may be a product of China's belief in a cold and hard, and potentially true, reality-that global economic power is paramount and will provide the only avenue to adapt to an inevitable climate crisis, as well as achieve the milestones of superpower status, many of which they have already achieved (e.g., Olympic Games, World Expo, United Nations Security Council). While China's policy remains problematic, as is United States' failure to lead in the international community on the issue of climate change, China's actions, while …
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2,
2011
Carnegie Mellon University
Legal And Commercial Models For Pore-Space Access And Use For Geologic Co2, R. Lee Gresham, Owen L. Anderson
Faculty Articles
No abstract provided.
Lord Coke, The Restatement, And Modern Subsurface Trespass Law,
2011
University of Oklahoma College of Law
Lord Coke, The Restatement, And Modern Subsurface Trespass Law, Owen L. Anderson
Faculty Articles
No abstract provided.
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Blowout: The Legal Legacy Of The Deepwater Horizon Catastrophe. Background Document On Natural Resource Damages, Nicholas Paine
Sea Grant Law Fellow Publications
No abstract provided.
Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Examination Of The Federal Consistency Provision Of The Coastal Zone Management Act In Rhode Island, William Yost
Sea Grant Law Fellow Publications
No abstract provided.
Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds,
2011
Sea Grant Law Fellow, Roger Williams University School of Law
Massachusetts Town Bylaws As They Relate To Restricting Or Conditioning Human Activities In And Around Eelgrass Beds, Benjamin J. Goetsch
Sea Grant Law Fellow Publications
No abstract provided.
