Category Archives: Land use and Environment
Chang and Merrill, ‘The Nature of Leasing’
ABSTRACT Leases at the common law are said to be a property form becoming increasingly contractual, while leases in the civil law are said to be a type of contract becoming ‘reified’ and hence increasingly like property. Leases in the common and civil law worlds thus begin with very different starting points but, over time, […]
Schleicher and Hills, ‘How the Gentry Won: Property Law’s Embrace of Stasis’
ABSTRACT Until the 1970s, American property law differed sharply from its English antecedents. English law was dominated by a land-owning gentry class who favored stability of ownership and dynastic control of landed estates using perpetuities and trusts, generous compensation for condemnees, and irregular lot lines based on local custom that impeded land’s alienability. After World […]
Michael Crawford, ‘The Tort of Nuisance: From the Outside Looking in’
ABSTRACT It is central to the exclusion paradigm of property law that visual intrusions, however unpleasant, cannot amount to actionable wrongs. This proposition is best captured by Lord Camden CJ’s famous dictum that, ‘the eye cannot by the laws of England be guilty of a trespass’. This settled understanding has been upended by the recent […]
Matthew Salavitch, ‘The Role of Private Liability in the Fight Against Climate Change’
ABSTRACT Parties have increasingly turned to courts both to seek redress for current climate-related harms and to compel states and private actors to reduce their future GHG emissions. As a result, courts around the world have been faced with the task of defining the proper role of the judiciary in fighting climate change. In the […]
SLS Seminar Series Program: Litigation against extractives: Anglia Ruskin University, 9-10 April 2025
Examine the role of litigation in holding extractive industries accountable for environmental degradation and human rights violations … (more, registration)
Alessandro Drigo, ‘Future Generations in Climate Litigation: Early Whispers of an Intergenerational Law?’
ABSTRACT The ‘migration’ of Future Generations from a moral to a judicial context represents a captivating development in contemporary legal discourse. Recent years have seen a surge in courts across various nations addressing the intersection of future generations and climate litigation. This nexus, far from being coincidental or sporadic, epitomizes a deeper societal and legal […]
Haim Abraham, ‘Private Nuisance, Looking Out, Gazing In’: University of Toronto and Online, 14 February 2025
Haim Abraham of the University College London will speak on the relation between private nuisance claims and privacy, applying rights-based and queer theory lenses. Haim will speak for about 45 minutes after which there will be a Q&A period … (more, Zoom link)
Duncan Wallace, ‘The Reality of Shareholder Ownership: For-profit Corporations as Slaves’
ABSTRACT What is the relationship between shareholders and the corporation? The present scholarly consensus is that, whatever the relationship is, it is not one of owner and owned. This article contests that consensus. It argues that corporations are owned by their shareholders and, further, that corporations so-owned are slaves. In support of this contention, the […]
Monica Taylor, ‘Preparing the access to justice sector for climate change: insights from Australian lawyers’
ABSTRACT Despite climate change increasing, there is little evidence about the preparedness of access to justice agencies to anticipate and respond to climate change impacts. This article reports on the findings of a qualitative mixed methods study into lawyers’ perceptions about how equipped the Australian legal assistance sector is to respond to climate change when […]
Sayed Md Shafayat, ‘Environmental Tort Regime Under the Environment Court Act 2010 in Bangladesh: A Critical Review’
ABSTRACT The environmental tort regime in Bangladesh, as outlined by the Environment Court Act 2010, plays a vital role in holding polluters accountable for the harm they cause to both the environment and individuals. Despite the Act’s commitment to addressing environmental issues, a significant gap remains in the provision of effective redress mechanisms, resulting in […]