Category Archives: Land use and Environment

Walsh and Fox O’Mahony, ‘Land law, property ideologies and the British-Irish relationship’

Abstract This article examines the role of property ideologies, and the local contexts in which they were articulated and applied, in shaping English and Irish land law. Despite their shared histories and influences – from the transplant of the common law system to Ireland to traditions of training Irish lawyers and judges in English universities […]

Simon Taylor, ‘Extending the Frontiers of Tort Law: Liability for Ecological Harm in the French Civil Code’

Abstract In August 2016 the French Parliament adopted legislation introducing civil liability for ecological harm into the civil code. Since tort law is traditionally concerned with the compensation of harm to individuals, the recognition of ecological harm as a basis of liability extends the boundaries of tort by requiring an alternative approach to what constitutes […]

‘Perspectives on the Right to Exclude and the Dilemma of Climate Change’

Katrina M Wyman, Limiting the National Right to Exclude, 72 University of Miami Law Review 425 (2018). As the United States Supreme Court said in 1979 and restated in 1982 and then restated again in 2002, “‘the right to exclude others’ is ‘one of the most essential sticks in the bundle of rights that are […]

Doug Rendleman, ‘Rehabilitating the Nuisance Injunction to Protect the Environment’

Abstract The Trump administration has reversed the federal government’s role of protecting the environment. The reversal focuses attention on states’ environmental capacity. This article advocates more vigorous state environmental tort remedies for nuisance and trespass. An injunction is the superior remedy in most successful environmental litigation because it orders correction and improvement. Two anachronistic barriers […]

MA Loth, ‘The Civil Judge As Risk Regulator’

Abstract Taking the Urgenda-case on climate change liability as an example, this article researches the more general question into the legitimacy of risk regulation by civil courts. Which principles determine the legitimacy of a civil court’s participation, especially in the domain of societal risk regulation? The central claim is that these principles concern (amongst many […]

Hein and Ceco, ‘Mineral Royalties: Historical Uses and Justifications’

Abstract Governments and private landowners have collected royalties on mineral resources for centuries. When comprehensive measures to account for the environmental externalities of mineral extraction are politically or practically unavailable, federal and state governments may consider adjusting royalty rates as an expedient way to account for these externalities and benefit society. One key policy question […]

‘Sustainability and private law? Let’s do it together – crowdsourcing ideas and materials’

“The biggest challenge of the 21st century is undoubtedly the question of how to tackle the effects of a rising population, expanding industrialisation and growing environmental degradation. Apart from an ever complex world, there are externalities that are the result of the way humankind has been treating its planet in the last centuries. The rules […]

Call for papers: Climate Change Conference at Newcastle, New South Wales, 5-6 July 2018

“The University of Newcastle, the Griffith Climate Change Response Program and the School of Law and Justice, Southern Cross University invite you to submit abstracts for the Narratives of Climate Change Symposium …” (more)

Sunstein and Reisch, ‘Greener by Default’

Abstract Careful attention to choice architecture promises to open up new possibilities for reducing greenhouse gas emissions – possibilities that go well beyond, and that may supplement or complement, the standard tools of economic incentives, mandates, and bans. How, for example, do consumers choose between climate-friendly products or services and alternatives that are potentially damaging […]

‘Uncovering Through Discovery’

Roy Shapira and Luigi Zingales, Is Pollution Value-Maximizing? The DuPont Case, NBER Working Paper No 23866 (2017). Courts, practitioners, and scholars have recently focused on discovery costs in civil litigation. This produced recent amendments to the Federal Rules of Civil Procedure emphasizing that discovery requests be ‘proportional’ rather than excessive. But this focus has ignored […]