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16,886 full-text articles. Page 1 of 383.

The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown 2021 University of California, Hastings College of the Law

The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown

Hastings Environmental Law Journal

No abstract provided.


A Forgotten History: How The Asian American Workforce Cultivated Monterey County’S Agricultural Industry, Despite National Anti-Asian Rhetoric, Dominique Marangoni-Simonsen 2021 University of California, Hastings College of the Law

A Forgotten History: How The Asian American Workforce Cultivated Monterey County’S Agricultural Industry, Despite National Anti-Asian Rhetoric, Dominique Marangoni-Simonsen

Hastings Environmental Law Journal

This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these exclusion laws as a result of the favored labor force of Japanese immigrants. The paper compares the acceptance of Japanese laborers to the decimation of the Chinese fishing industry in the county, which caused the eradication of Chinese culture. Finally, the paper analyzes the retroactive effects of these laws to the current Feast ...


Counting Carbon: Forward-Looking Analysis Of Decarbonization, Ryan Thomas Trahan 2021 University of California, Hastings College of the Law

Counting Carbon: Forward-Looking Analysis Of Decarbonization, Ryan Thomas Trahan

Hastings Environmental Law Journal

Policy analysis primarily looks backward to solve problems of individual and public choice. Analysts often seek to derive and draw marginal curves from existing data to extrapolate observed relationships into the future. Indeed, the White House Council on Environmental Quality recently issued a proposed rule that would, among other things, codify the concepts underlying these tools for environmental matters, i.e., requiring the considered effects of a proposed action to be “reasonably foreseeable” and meet a “reasonably close causal relationship.” That proposal expresses a perspective with a long tradition, yet it presents a curious circumstance. Although marginal and statistical regression ...


Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate 2021 University of California, Hastings College of the Law

Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate

Hastings Environmental Law Journal

Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral ...


A Right Of Ethical Consideration For Non-Human Animals, Michael Ray Harris 2021 University of California, Hastings College of the Law

A Right Of Ethical Consideration For Non-Human Animals, Michael Ray Harris

Hastings Environmental Law Journal

No abstract provided.


Enabling Instream Rights In The Mill Creek Zanja, Tyler Fields 2021 University of California, Hastings College of the Law

Enabling Instream Rights In The Mill Creek Zanja, Tyler Fields

Hastings Environmental Law Journal

The Mill Creek Zanja is a 200-year-old, twelve-mile canal cut from the banks of a nearby stream. The Zanja was built originally as an irrigation canal to serve agriculture and industry in what is now Redlands, California located just outside Los Angeles. Since the Zanja’s construction in the early 19th century, the “rights” to the waters of the Zanja have been intensely litigated, highly sought after, and heavily debated. Today, the Zanja flow is around 40,000 to 50,000 acre feet per year. The water is used primarily by the City of Redlands for drinking water and by ...


The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner 2021 University of Oklahoma College of Law

The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner

Oklahoma Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston 2020 Fordham University School of Law

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani 2020 Fordham Law School

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez 2020 Fordham Law School

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal 2020 Fordham Law School

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith 2020 Sam Houston State University

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care ...


The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk 2020 Lane Powell PC

The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk

Seattle Journal of Technology, Environmental & Innovation Law

In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize ...


The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton 2020 Seattle University

The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton

Seattle Journal of Technology, Environmental & Innovation Law

As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual ...


Tragedy Of The Energy Commons: How Government Regulation Can Help Mitigate The Environmental And Public Health Consequences Of Cryptocurrency Mining, Jeff Thomson 2020 Seattle University

Tragedy Of The Energy Commons: How Government Regulation Can Help Mitigate The Environmental And Public Health Consequences Of Cryptocurrency Mining, Jeff Thomson

Seattle Journal of Technology, Environmental & Innovation Law

The use of cryptocurrencies in daily life has continued to rise over the last decade and shows no signs of slowing down. Although cryptocurrencies, such as Bitcoin, provide numerous tangible benefits to society, the process of mining these cryptocurrencies is extremely energy intensive. Accordingly, a tragedy of the energy commons has resulted whereby the monetary incentive to mine cryptocurrencies has distorted our collective ability to care for our shared energy resources. The current system allows for industrious individuals to set up cryptocurrency mines in regions that have access to plentiful and cheap energy sources, utilize this energy to power their ...


Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica 2020 Elisabeth Haub School of Law, Pace University

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ...


Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien 2020 Alexander Blewett III School of Law at the University of Montana

Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien

Public Land & Resources Law Review

A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.


“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox 2020 University of Tulsa College of Law

“One Person, One Vote”: Navajo Nation V. San Juan County And Voter Suppression Of Native Americans, Carter Fox

American Indian Law Journal

No abstract provided.


Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan 2020 Seattle University School of Law

Mortgage Lending On Tribal Lands: Federal Fair Lending Protections, Public-Private Partnerships, And Tribal Solutions For Increasing Access To Mortgage Credit On Tribal Lands, Abby Hogan

American Indian Law Journal

No abstract provided.


Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta 2020 Seattle University School of Law

Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta

American Indian Law Journal

Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court ...


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