Category Archives: Land use and Environment

Weber and Hoesli, ‘Climate Change Liability – Increasing Risks for Directors? Perspectives From Common and Civil Law Jurisdictions’

ABSTRACT Businesses are increasingly expected to consider the environmental and social impacts of their undertakings. In recent years, the focus has shifted specifically to climate change related aspects of corporate behaviour. While climate change litigation against corporations continues to evolve globally, there is a growing debate with regard to directors’ duties: are directors exposed to […]

Bram Akkermans, ‘Sustainable Property Law: Towards a Revaluation of Our System of Property Law’

ABSTRACT At the beginning of the previous century, one of the oldest colleges at the University of Oxford, New College Oxford, was confronted with a problem with the oak beams in the dining hall. Which needed to be replaced. The fellows of the college were posed with a problem on how to solve this when […]

‘Distribution, Public Values, and Private Law’: Michigan State Law Review symposium

Restructuring United States Government Debt: Private Rights, Public Values, and the Constitution (Julia D Mahoney) How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy (Clayton P Gillette) National Sovereignty and International Patent Law (Robert Merges) The Qualities of Public Servants Determine the Quality of Public Service (Matthew C Stephenson) University Patenting: Is Private Law Serving […]

Jessica Grannis, ‘Community-Driven Climate Solutions: How Public-Private Partnerships with Land Trusts Can Advance Climate Action’

ABSTRACT … this Article examines the potential for innovative public-private partnerships between government and land trusts as one way of advancing climate solutions in both the built and natural environments. Land trusts are non-profit organizations that hold land in trust for the benefit of the public. Land trusts can help to address many of the […]

Gerald Boston, ‘Strict Liability for Abnormally Dangerous Activity: The Negligence Barrier’

ABSTRACT My main thesis is that the doctrine of strict liability for abnormally dangerous activity (which I sometimes refer to by the acronym SLADA), memorialized in sections 519 and 520 of the Restatement (Second) of Torts, has evolved to the point of near extinction because courts have concluded that the negligence system functions effectively to […]

Paul Bowman, ‘Duties of Corrective Justice and Historical Emissions’

ABSTRACT This paper addresses the question of whether agents have incurred duties of corrective justice to bear the costs of climate change in virtue of having produced historical emissions, or emissions produced when it was still reasonable to be ignorant of the causes and harmful consequences of climate change. It argues that it is likely […]

Joseph Schremmer, ‘Pore Space Property’

ABSTRACT Through modern technology, we can use the void pore space of underground rock formations for a growing number of socially beneficial purposes. These run the gamut from unconventional oil and gas production to climate change mitigation. The common law of property and tort, however, has struggled to keep up. Significant questions remain about the […]

Maripaz Muñoz Prieto, ‘Legislation, Regulations, and Reflections on Environmental Accounting as a Reflection of the Incorporation of Social Responsibility in Companies’

ABSTRACT The purpose of this article is to analyze how accounting legislation has contributed to the improvement of public information on environmental aspects in the financial reports issued by companies. Also, the article aims to verify the relationship between this environmental accounting legislation and the processes of corporate social responsibility. These reports are used for […]

Purnhagen and Saurer, ‘Climate Change Litigation – Liability of EU Member States under EU law’

ABSTRACT This piece investigates whether liability of Member States resulting from EU law can be used as a tool for the enforcement of EU climate change law vis-à-vis the Member States. Thereby, we deploy a broad notion of EU Member State liability that covers all types of financial sanctions that follow from non-compliance with legal […]

Andreas Fischer-Lescano, ‘Nature as a Legal Person: Proxy Constellations in Law’

ABSTRACT Thirty years after the Hamburg seals case, autonomous rights for nature are no longer a merely utopian idea, but a social reality – and, in view of urgent ecological questions, a necessity. By expanding the stakeholder status in politics and law, ecosystems and animals are being empowered de lege lata to enforce their rights […]