Brigham Young University Law Review

Brigham Young University Law Review is a magazine focusing on Law

Articles from Vol. 2011, No. 6, 2011

Adapting to Climate Change While Planning for Disaster: Footholds, Rope Lines, and the Iowa Floods
I. INTRODUCTIONIf you have never seen a pig swim, you have never been in Iowa during a flood. When the rivers jump their banks in southeastern Iowa they flood thousands of acres of hog farms. With a little planning and enough trucks and skiffs, hog farmers...
Adaptive Mitigation in the Electric Power Sector
TABLE OF CONTENTSI. INTRODUCTION .................................................................... 2116II. Mitigation and Adaptation .......................................... 2117A. The Disjuncture Between Mitigation and Adaptation .2118B. Integrating...
Addressing Global Climate Change in an Age of Political Climate Change
For a number of years, many within the environmental legal community have advocated an all-out attack strategy of forcing the United States to address climate change by bringing novel lawsuits under existing environmental laws. In 2007, with the seminal...
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning
I. INTRODUCTIONHuman history becomes more and more a race between education and catastrophe.1Adapt or perish, now as ever, is Nature's inexorable imperative2Though composed many decades ago, these observations by H. G. Wells hold as true today - in the...
Beyond Fukushima: Disasters, Nuclear Energy, and Energy Law
I. INTRODUCTIONFukushima changed everything. That, at least, was a popular view espoused after the disaster of March 11, 2011 - in the press, by the talking heads in the international media, and across the blogosphere.1 A nuclear meltdown in such a densely...
Challenging the Executive: The Constitutionality of Congressional Regulation of the President's Wartime Detention Policies
I. INTRODUCTIONThe war on terrorism has involved several clashes on the political home front, with the President and Congress asserting conflicting policies. A recent example is Congress's effort to deny funding to transfer detainees from Guantánamo...
Environmental Crisis and the Paradox of Organizing
ABSTRACTPublic organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate...
Legal Remedies for Deep Marine Oil Spills and Long-Term Ecological Resilience: A Match Made in Hell
ABSTRACTThe Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications...
Official Maps and the Regulatory Takings Problem: A Legislative Solution
I. INTRODUCTIONOfficial map regulations generate much uncertainty in the court system. For example, in Lomarch Corp. v. Mayor and Common Council of Englewood, a city's official map prohibited a landowner from building on his property because part of...
Reconstituting Land-Use Federalism to Address Transitory and Perpetual Disasters: The Bimodal Federalism Framework
ABSTRACTScholars analyzing the intersection of federalism and disaster law and policy have primarily focused on the difficulties federalism poses for interjurisdictional coordination of disaster response. Though scholars have highlighted that rising...
Smart Growth in Dumb Places: Sustainability, Disaster, and the Future of the American City
I. INTRODUCTIONOn March 11, 2011, a magnitude 9.0 earthquake rocked Japan and triggered a massive tsunami that devastated the country's northern coast.1 While the cautionary tales of this heart-breaking disaster will be written over many years or even...
Symposium Introduction: Navigating the Intersection of Environmental Law and Disaster Law
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat...
Unexplained Fractures in Infants and Child Abuse: The Case for Requiring Bone-Density Testing before Convicting Caretakers
I. INTRODUCTIONImagine that you are a young parent taking your four-month-old son to a routine checkup. During the examination, the pediatrician notices a bruise on his right leg. Her visage subtly changes as she closely examines the bruise. She informs...
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