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LAW (804 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 19)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 5)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 8)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 56)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 10)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annales de droit     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 14)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 27)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 171)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 15)
Columbia Law Review (Sidebar)     Open Access   (Followers: 18)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 38)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 40)
Conflict Trends     Full-text available via subscription   (Followers: 12)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 5)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 15)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 4)
Economics and Law     Open Access  
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 162)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Journal Cover
Boston College Environmental Affairs Law Review
Number of Followers: 7  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0190-7034
Published by Boston College Homepage  [8 journals]
  • An Electrifying Expansion of Judicial Review of Agency Actions in PSEG
           Energy Resources & Trade LLC

    • Authors: Anna Nikolayeva
      Abstract: The Federal Energy Regulatory Commission (“FERC”) issues orders on electricity market auction results to ensure that electricity rates are just and reasonable. FERC issued an order accepting the results of the 2008 ISO New England forward capacity auction. PSEG Energy Resources (“PSEG”), a participant in the auction, challenged the order on the grounds that it resulted in undue discrimination for the most necessary resources for reliability and violated the basic market policy goals. When FERC rejected this challenge, PSEG petitioned for review of the FERC order. The United States Court of Appeals for the D.C. Circuit reviewed the FERC order under a two-step Chevron U.S.A. v. Natural Resources Defense Council-like analysis and the agency’s failure to respond to public comments under the Administrative Procedure Act’s arbitrary and capricious standard. This Comment argues that in PSEG Energy Resources & Trade LLC v. Federal Energy Regulatory Commission, the D.C. Circuit’s review of the FERC order represents an expansion of judicial review of administrative action.
      PubDate: Mon, 29 Jan 2018 11:17:57 PST
  • Connecticut’s Evolving Views of Riparian Rights and the Public Trust

    • Authors: Terence H. McAllister
      Abstract: Waterbury v. Washington came to the Connecticut Supreme Court as a dispute over water rights that could have been resolved via a number of statutory or common law doctrines. Instead, the court sought to articulate a uniform theory of riparian law in Connecticut, acknowledging all of these competing doctrines. This uniform theory was one of regulated riparianism. After articulating this standard, the court left many decisions to be worked out by lower courts. Since Waterbury was decided, those lower courts have struggled to incorporate a view that reconciles the public trust doctrine in light of Connecticut’s statutory scheme. Many of these struggles will need resolution before important public trust questions in Connecticut can be approached with a sense of certainty.
      PubDate: Mon, 29 Jan 2018 11:17:53 PST
  • Technical Fouls: Adjudicating Statutory Violations with Equitable

    • Authors: Antonio G. Fraone
      Abstract: In Weinberger v. Romero-Barcelo, the United States Supreme Court allowed for an equitable resolution to a lawsuit seeking immediate enforcement, by injunction, of the Federal Water Pollution Control Act (“FWPCA”). In this case, the United States Navy violated the FWPCA by discharging munitions—a pollutant as defined by the statute—during training exercises into the waters surrounding the Island of Vieques. The Navy also failed to obtain a National Pollution Discharge Elimination System permit, which would have made the discharge lawful under the statute. The people of Puerto Rico sought to enjoin the training exercises through the FWPCA. The Navy’s actions, however, had no adverse effects on the area’s waters or the environment. Thus, the Court viewed the violation as only technical and allowed for an equitable resolution to an otherwise valid violation of a statute. This Comment argues that the Supreme Court’s holding was correct in allowing an equitable resolution to a technical violation of a statute.
      PubDate: Mon, 29 Jan 2018 11:17:49 PST
  • The Administrative Procedure Act and How the “Final Rule” Designation
           Allows Agencies to Perpetuate Harm by Failing to Act

    • Authors: Julia Eaton
      Abstract: In order to preserve the historic authenticity of Alexander Hamilton’s only home, concerned citizens, community groups, and the National Park Service (NPS) created a plan to move Hamilton’s Home. The Friends of Hamilton Grange (“Friends”) were created to assist the NPS in that process. The Friends never filed official paperwork to become an official “friends group” of the NPS. After years of planning, the NPS approved plans for Hamilton’s home that conflicted with the interests of the Friends. The Friends claimed that the NPS did not properly consult with them throughout the planning process and the undeveloped land where Hamilton’s home once stood would attract crime, inflicting injury on the local community. The Friend’s filed suit under the Administrative Procedures Act (APA) and the National Historic Preservation Act (“NHPA”) requesting injunctive relief, but the court ruled that the Friends lacked of standing under both the NHPA and the APA.
      PubDate: Mon, 29 Jan 2018 11:17:46 PST
  • Policy Preference: An Unreasonable Means to Advance Moot Claims Under the
           Endangered Species Act

    • Authors: Molly McGrath
      Abstract: Citizen plaintiffs play a vital role in the enforcement of the Endangered Species Act (“ESA”). In Strahan v. Roughead, the United States District Court for the District of Massachusetts opened the possibility for expansion of a citizen’s ability to impose its own policy preference upon federal agencies working to comply with their statutory requirements under the ESA. Although the District Court properly denied the defendant’s motion to dismiss on the basis of mootness, it erred in its rationale. A plaintiff’s claim under the ESA may survive a mootness challenge, even after the violating agency has reinitiated consultation with its overseeing agency, if the potential for relief on alternative grounds remains. Valid alternate bases for relief include award of an injunction when a compliance plan does not encompass the full range of an agency’s activities, or when an agency fails to demonstrate compliance with an existing plan. A citizen’s mere suggestion that an agency’s compliance plan adopt alternate protective measures, however, should not extend the life of an otherwise moot claim.
      PubDate: Mon, 05 Jun 2017 11:11:39 PDT
  • Denying Disgorgement: The Supreme Court’s Refusal to Grant the Crow
           Tribe Relief

    • Authors: Alex Galliani
      Abstract: In Montana v. Crow Tribe of Indians, the United States Supreme Court declined to award the Crow Tribe of Indians disgorgement of coal taxes collected by Montana from a mining company with operations on the Tribe’s reservation. The Supreme Court justified its decision by distinguishing the 1939 Montana Supreme Court case Valley County v. Thomas, referencing the precedent set by Cotton Petroleum Corp. v. New Mexico, and noting that the Tribe lacked the necessary approval to tax from the Department of the Interior. This Comment argues that the Supreme Court should have granted the Tribe full disgorgement, partial disgorgement, or compensatory damages.
      PubDate: Mon, 05 Jun 2017 11:11:36 PDT
  • HFC Smuggling: Preventing the Illicit (and Lucrative) Sale of Greenhouse

    • Authors: Graham Donnelly Welch
      Abstract: The Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer is a pivotal development in global cooperation to stem climate change. Through incorporating hydrofluorocarbons into the Montreal Protocol, the international community will be able to combat the deleterious effects of a common, yet potent, chemical. Nonetheless, the United States and its fellow parties will likely have to combat an illicit trade in these banned substances in the immediate future. Through lessons learned from the original Montreal Protocol, the United States can effectively combat smuggling and ensure the Kigali Amendment’s success.
      PubDate: Mon, 05 Jun 2017 11:11:33 PDT
  • Bigger than Blackfish: Lessons from Captive Orcas Demonstrate a Larger
           Problem with Animal Welfare Laws

    • Authors: Kaitlin Vigars
      Abstract: Recently, increased attention to the care that captive orcas receive at marine life parks has sparked a call for reform of the public display industry. In the face of this public outcry the nation’s leading marine life park, SeaWorld, recently announced a shift in company policy that will eventually end the practice of holding orcas in captivity. This, though, does not signal the end of problem. Many other animals face problems that are analogous to the exact issues that sparked change for captive orcas. This note will argue that broad reform of captivity standards are necessary and should include greater protections for all captive animals.
      PubDate: Mon, 05 Jun 2017 11:11:30 PDT
  • Saving on Health Care While Protecting the Planet: An Examination of
           Massachusetts’ Proposed Carbon Tax and Its Impact on the Hospital

    • Authors: Alexandra Shalom
      Abstract: Climate change has negative implications not only for the environment, but also for human health. Human greenhouse gas (“GHG”) emissions are a major contributor to climate change and therefore we must curb our behavior to save the planet and ourselves. Following the economic principle of the First Law of Demand, a carbon tax incentivizes polluters to reduce emissions by increasing the cost of emission producing goods. British Columbia has demonstrated that carbon taxes are effective mechanisms to curb GHG emissions. Massachusetts, therefore, has proposed a carbon tax to help achieve its established GHG reduction goals. In addition, the Commonwealth’s proposed tax also aligns with the national goal of making health care coverage more affordable and accessible. In fact, the carbon tax’s employment-based redistribution scheme is predicted to benefit hospitals by leaving them with a net financial gain. Thus, Massachusetts’ proposal would simultaneously benefit two national goals: slowing global warming and minimizing health care costs.
      PubDate: Mon, 05 Jun 2017 11:11:27 PDT
  • Food Deserts Are Ripe for Business

    • Authors: Ryelle Seymour
      Abstract: People living in food deserts lack access to nutritious food. Although growing awareness of food deserts has prompted federal and state governments to allocate resources to combat the problem, many municipal and state governments lack the funding, personnel, and expertise necessary to develop and implement programs to address food deserts. The private sector can take advantage of federal and local governmental incentive programs to establish an enterprise to serve food desert areas. The successful food desert intiatives implemented around the country can serve as a model for future programs. Because these businesses have proved to be profitable but are created to serve a social purpose, the business should be organized under a hybrid entity structure that allows the for-profit company to prioritize its social mission. An innovative corporate structure will allow the mission of the company to persist and will provide the entrepreneur with resources and funding that would otherwise be foreclosed.
      PubDate: Mon, 05 Jun 2017 11:11:24 PDT
  • Sound and Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective
           to Promote Corporate Response to Climate Change

    • Authors: Eric J. Risley Jr.
      Abstract: Climate change has already impacted the planet in a number of ways. Perhaps most apparent, however, is climate change’s effects on the frequency and intensity of storms, droughts, and other major geologic and weather-related events. Such catastrophic events have also lead to significant loses by individuals and businesses alike. In particular, many corporations in areas most vulnerable to these sorts of catastrophes must adjust their corporate strategies to account and to prepare for the possibility of significant losses of property or business resulting from the effects of climate change. Some corporate boards, however, might be reluctant to take every step possible to protect the corporation against climate change related catastrophes due to the significant cost of doing so. As such, some shareholders might be unnerved by a board’s inaction on this matter, perhaps resorting to litigation against the board. This Note analyzes the potential success of such a shareholder claim, as well as the alternatives available to a climate-conscious shareholder.
      PubDate: Mon, 05 Jun 2017 11:11:21 PDT
  • Guidance Documents and Rules: Increasing Executive Accountability in the
           Regulatory World

    • Authors: Hale Melnick
      Abstract: Guidance documents pose a peculiar problem in administrative law. Although guidance documents are supposed to be non-binding memoranda, they sometimes have the effect of creating binding law in practice. Courts lack an effective way to determine when guidance documents are essentially binding. This Note examines why past, current, and proposed judicial tests for determining whether guidance documents are binding are flawed, and it proposes an alternative model based on executive review.
      PubDate: Mon, 05 Jun 2017 11:11:18 PDT
  • Call Me Ishimaru: Independent Enforcement of International Agreements

    • Authors: John Arnold
      Abstract: International law does not provide an adequate enforcement mechanism against illegal whaling. The Japanese government claims that its whaling practice falls within the scientific research exception of an international moratorium on commercial whaling. Despite an International Court of Justice ruling finding that its practice does not fall within this exception, Japan has continued to kill thousands of whales each year with no effective opposition. The area in which this whaling occurs, however, falls outside the jurisdiction of any nation. Although the United Nations Security Council has the authority to act, the delicate nature of international diplomacy effectively ties its members’ hands on this matter. To fill this void, the International Whaling Commission should amend the International Convention for the Regulation of Whaling to include a provision allowing for enforcement of the moratorium by approved non-governmental organizations. Should this amendment pass, the needless slaughter of thousands of whales each year could be prevented.
      PubDate: Mon, 05 Jun 2017 11:11:14 PDT
  • Battling the (Algae) Bloom: Watershed Policies and Plans in Wisconsin

    • Authors: Jamie Konopacky
      Abstract: Algae blooms and unsafe nitrate levels caused primarily by nutrients in runoff from agricultural and urban areas plague waterbodies across the United States. The nutrient pollution problem can be effectively addressed through the development and implementation of appropriately scaled watershed plans. To encourage needed planning and implementation, the Environmental Protection Agency and states must utilize an improved watershed policy approach. For decades, such an approach has been stymied by a nebulous watershed concept and legal, political, and financial obstacles. This article provides an in-depth look at policies that provide the foundation and framework for watershed planning and implementation in Wisconsin, makes concrete recommendations for Total Maximum Daily Load, urban stormwater and agricultural runoff programs, and discusses model watershed plans and case studies. Through improved policies that catalyze appropriately scaled watershed planning and implementation, it may be possible to avoid costly litigation and ineffective regulatory or large-scale TMDL approaches.
      PubDate: Mon, 05 Jun 2017 11:11:11 PDT
  • Bio-Prospecting in the Arctic: An Overview of the Interaction Between the
           Rights of Indigenous Peoples and Access and Benefit Sharing

    • Authors: Mar Campins Eritja
      Abstract: The exploration and exploitation of marine genetic resources for commercial purposes is growing at an unprecedented rate in the Arctic region. Currently, there is no explicit legal framework that governs the participation of Arctic indigenous peoples in this industry or requires that the benefits derived from the scientific use of marine genetic resources are shared with these groups. This Article analyzes to what extent the principles of free, prior, and informed consent and of fair and equitable benefit sharing are considered in relevant international instruments. The United Nations Convention on the Law of the Sea is not sufficient to frame this international issue. Therefore, this Article pays special attention to the scope of indigenous people’s rights as outlined in the International Labour Organization’s Convention (No. 169) Concerning Indigenous Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. This Article incorporates those principles of consent and benefit sharing into the international framework governing the use of biodiversity materials, through the Convention on Biological Diversity and the Nagoya Protocol.
      PubDate: Mon, 05 Jun 2017 11:11:07 PDT
  • Foreword—Forward

    • Authors: Zygmunt J.B. Plater
      PubDate: Mon, 05 Jun 2017 11:11:03 PDT
  • A Narrowing of Section 1983 Claims: How Gonzaga Has Limited Recovery for
           Victims of Lead Poisoning in Federal Court

    • Authors: Anna Snook
      Abstract: Dellita Johnson brought a claim against the City of Detroit on behalf of her minor son, asserting that her son sustained lead poisoning from the public housing unit in which they lived. She brought claims under 42 U.S.C. § 1983 for the deprivation of federal rights created under provisions of the United States Housing Act, the Lead-Based Paint Poisoning Prevention Act, and administrative regulations created under those statutes. The United States Court of Appeals for the Sixth Circuit affirmed the District Court’s dismissal of Ms. Johnson’s claims, holding that the applicable provisions of the United States Housing and the Lead-Based Paint Poisoning Prevention Act do not contain rights-creating language sufficient to bring a § 1983 claim. The court also held that regulations promulgated pursuant to the statutes could not create enforceable rights on their own for purposes of § 1983. This comment argues that based on the Gonzaga v. Doe precedent, the Sixth Circuit reached the correct legal conclusion; however, Gonzaga has far-reaching negative implications on the individuals for whom these statutes were designed to protect.
      PubDate: Fri, 07 Apr 2017 09:59:55 PDT
  • A Consent Decree Abroad: Extraterritorial Enforcement of an EPA Consent
           Decree in United States v. Volvo Powertrain Corp.

    • Authors: Marc C. Palmer
      Abstract: Although not as prominent in the public eye as automobile engines, emissions from non-road engines contribute significantly to global air pollution. In 2005, the United States Government fined Volvo Powertrain Corp. seventy-two million dollars for manufacturing non-road engines at its foreign subsidiary because these engines were not in compliance with emissions standards and therefore violated a consent decree between Volvo Powertrain Corp. and the federal government. In United States v. Volvo Powertrain Corp., the United States Court of Appeals for the D.C. Circuit upheld an interpretation of the consent decree and financial penalty put forth by the lower court. This Comment argues that the D.C. Circuit Court of Appeals was correct in holding Volvo Powertrain liable for the emissions violations of its subsidiaries’ engines. Volvo Powertrain subjected itself to United States jurisdiction by requesting certificates of emissions compliance from the Environmental Protection Agency for the engines manufactured abroad by their foreign subsidiary.
      PubDate: Fri, 07 Apr 2017 09:59:48 PDT
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