Toolkit for Integrating Climate Change into Ten High-Enrollment Law School Courses

By Lavey, Warren G. | Environmental Law, Spring 2019 | Go to article overview

Toolkit for Integrating Climate Change into Ten High-Enrollment Law School Courses


Lavey, Warren G., Environmental Law


I.    INTRODUCTION                                              515 II.   REASONS FOR INTEGRATING CLIMATE CHANGE INTO THE       CURRICULUM OF MANY LAW COURSES                            516 III.  CLIMATE-RELATED CASES AND OTHER MATERIALS FOR TEN       MAJOR LAW SCHOOL COURSES                                  522       A. Contracts                                              523          1. Contracts Case Involving New State Law Limiting             Emissions and Pricing Allowances                    524          2. Contracts Case Involving New Municipal             Ordinance that Restricted Use of Property in             Transporting Fossil Fuels                           527       B. Property                                               531          1. Property Boundaries Cases in Eroding Coastal             Areas          2. Takings Easement Case from Flooding Along             Government-Built Channel                            536       C. Torts                                                  540          1. New York City Claims Against Fossil Fuels             Companies for Nuisance and Trespass                 540       D. Civil Procedure                                        545          1. Summary Judgment                                    545          2. Declaratory Relief, Judgment on the Pleadings,             and Appellate Review                                547          3. Removal of State Law Claims to Federal Courts       548       E. Constitutional                                         550          1. Fundamental Rights                                  551          2. Dormant Commerce Clause Issues for State             Programs                                            555       F. Business Associations and Securities                   557          1. Federal Securities Guidance                         558          2. State Securities Actions                            560       G. Tax                                                    562          1. Carbon Taxes                                        563          2. Fee Not Treated as Tax                              566       H. Administrative                                         568          1. Standing/Statutory Interpretation/Judicial Review   568          2. Statutory Displacement of Federal Common Law        571          3. Cost/Benefit Analysis Reflecting GHG Emissions      572       I. Land Use Planning                                      574          1. Zoning for Wind and Solar Farms                     574          2. Assessing Projects' GHG Emissions in Permitting     575       J. International Law                                      578          1. Process for Joining and Withdrawing                 579          2. Nationally Determined Contributions                 580          3. Green Climate Fund                                  580          4. Technology Transfer                                 581 IV.   ACTIONS FOR ENVIRONMENTAL LAW PROFESSORS AND       PRACTITIONERS TO MOVE FORWARD ON INTEGRATING       CLIMATE CASES INTO COURSES                                584 V.    CONCLUSION                                                586 

I. INTRODUCTION

The American Bar Association (ABA) in 2003 recognized that addressing climate change (1) and other sustainable development (2) challenges requires understanding, developing, and applying legal mechanisms that are cross-functional and integrate a variety of legal specialties. (3) A 2015 report by an ABA task force observed that sustainability "is a growing part of law practice... in virtually every practice area" that "involves a wide range of knowledge and skills." (4) By 2019, climate change impacts, mitigation actions, and adaptation programs pervaded many areas of legal practice. Effective lawyering requires understanding threats from changing environmental conditions and laws, navigating complex regulatory mechanisms, developing innovative transactions and litigations, guiding corporations in considering and disclosing climate-related measures and risks, planning land uses for resiliency and lower emissions, and other activities demanding knowledge and skills absent from most law courses. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Toolkit for Integrating Climate Change into Ten High-Enrollment Law School Courses
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.