Todd S. Aagaard
- Villanova University School of Law
What is environmental law? When we describe a factual pattern, case, or rule as arising within environmental law, what associations do we mean to convey by that designation? What, if anything, unifies environmental law? Is environmental law a legal field, or just an amalgamation of laws arranged under a general… Read More »
Existing uses occupy a special place in property and land use law. A use, once established, is imbued with an expectation that it may continue to exist, even in the face of regulatory change. For example, once built, a building becomes all but immune from subsequently enacted zoning rules. As… Read More »
Brian T. Burgess
- Law Clerk to Judge Guido Calabresi
States have exhibited leadership in environmental policy, addressing issues of national and global scope. But this leadership is threatened by federal ceiling preemption—federal laws that prevent states from adopting regulations that are stricter than federal standards.
Environmental law scholars argue that federal ceiling preemption has pernicious effects. These scholars fail, however,… Read More »
During the next four years, the new President, Barack Obama, and new Congress are expected to join together in the first serious effort in the United States to enact sweeping national legislation to address global climate change. If they are successful, federal climate legislation will be the first major environmental… Read More »
With the election of Barack Obama as President, national and global attention on climate change will turn to the federal government. Though the looming economic crisis may slow a federal response, President Obama has made clear his support for ambitious action on climate change with a cap and trade scheme… Read More »
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Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
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