Journal of Environmental Law & Litigation : Vol. 32 No. 1 (2016)

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The Journal of Environmental Law and Litigation (JELL), has provided a national, unbiased forum for the discussion and presentation of new ideas and theories in environmental and natural resources law since 1985. JELL educates students for careers in environmental law, disseminates important information to the environmental community, and plays an integral role at the University of Oregon Law School's nationally and internationally recognized environmental law program. A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425

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  • ItemOpen Access
    Putting Some Over the Hill: The Disparate Impact of Drought in California
    (University of Oregon School of Law, 2017-05-22) Wright, Timothy
    In the American West, the central fact of existence is the lack of water. California is embroiled in drought and the year 2014 was likely the state’s single worst drought year in approximately 1200 years. As climate change continues to intensify, the rest of the nation and the world are watching the way California, the seventh largest economy in the world, responds to this water emergency. So far, the state has not responded well enough to offset the drought’s disparate impact on minorities, the economically disadvantaged, and other marginalized and vulnerable populations.
  • ItemOpen Access
    Compulsory Vaccinations: Balancing the Equitable Reality of Police Power with Provider Assistance Through an Improved Informed Consent Process
    (University of Oregon School of Law, 2017-05-22) Ritchey, William James
    This Comment addresses the constitutionality and viability of compulsory vaccination of adults and children in the United States.
  • ItemOpen Access
    Got Guts? The Iconic Streams of the U.S. Virgin Islands and the Law’s Ephemeral Edge
    (University of Oregon School of Law, 2017-05-22) Reiblich, Jesse; Ankersen, Thomas
    This Article first examines the legal status of guts — the ephemeral streams of the U.S. Virgin Islands that typically flow only after rainfall — in the Virgin Islands within the Territory’s existing laws and legal precedents. Next, it looks to other jurisdictions for guidance regarding best practices for regulating intermittent and ephemeral waterways, and methods of ensuring government access to these waterways for better management and protection. Finally, it proposes certain proprietary, regulatory, and management policy measures that could be implemented within this legal framework to better manage and protect guts for the entire Territory.
  • ItemOpen Access
    Green Is the New Black: African American Literature Informing Environmental Justice Law
    (University of Oregon School of Law, 2017-05-22) Prince, Shannon Joyce
    How do legal scholars currently think about environmental justice law? Could African American literature, and its sister, Native American orature, shape those thought patterns?
  • ItemOpen Access
    Custom-Made Conservation: Resource-Specific Conservation Easement Implementation Unpaves the Path of Tax Abuse
    (University of Oregon School of Law, 2017-05-22) Osswald, Margaret Claire
    This Article theorizes that, unlike the vast majority of conservation easements (CEs) managed by state and local land trusts for general conservation purposes, CEs administered to protect specific resources are far less often the object of abuse or litigation.
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