TryFile.Law Miscellaneous
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Ashley Krenelka Chase and Tim Kaye, TryFile.Law (2024)Clicking on the button will copy the full recommended citation.
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Ashley Krenelka Chase and Tim Kaye, TryFile.Law (2024)Clicking on the button will copy the full recommended citation.
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Jaclyn Lopez, The Climate Is Changing and So Must We: The Need to Prioritize: At-Risk Communities and Ecosystems, 74 Washington University Journal of Law & Policy 44 (2024)Clicking on the button will copy the full recommended citation.
The climate is changing, and our laws and policies threaten to leave behind vulnerable communities and ecosystems. About half of the people and imperiled plants and animals in the United States are in coastal counties. Coastal communities' ability to cope with the impacts of climate change
will depend on how well local adaptation and resiliency laws and policies work to protect them from rising seas, flooding, saltwater intrusion, intensifying storm activity, and increased heat indices. At the same time, these very same adaptation laws and policies may inadvertently harm vulnerable communities and biodiversity. By 2040 - when today's kindergarteners graduate college - Florida's population will increase by 20% and sea levels will rise an additional foot. With its low elevation and location at the end of Hurricane Alley, Florida is "ground zero" for climate change impacts in the United States. The region's struggles with industrial pollution create additional risk factors. Marginalized communities and imperiled biodiversity are caught amid climate impacts and existing, dangerous infrastructure. Florida is an apt case study for exploring concepts such as managed retreat, social vulnerability, species extinctions, assisted migration, and adaptive management. This Article concludes by making general recommendations for local governments looking to proactively center their resiliency and adaptation efforts on the survival of vulnerable communities and imperiled plants and animals.
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Kimberly Y.W. Holst et al., International Legal Developments Year in Review: 2023: Introduction, 58 Year in Review: An Annual Survey of International Legal Developments and Publications of the ABA Section of International Law 1 (2024)Clicking on the button will copy the full recommended citation.
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Will Bunting, Ductile Rights, 112 Ky. L.J. 467 (2024)Clicking on the button will copy the full recommended citation.
This Article presents two important results. First, depending upon the magnitude of ideological conflict in society, a flexible right, rather than an inflexible right, can produce the socially efficient outcome. In general, if social conflict decreases as a right becomes more flexible, then the right is described as “ductile,” and not weak. Conversely, if social conflict increases as the right becomes more inflexible, then the right is described as “brittle,” and not strong. Second, a negative correlation can exist between ideological conflict in society and personal freedom. That is, the more people are negatively impacted purely by what others do, the less people are free to do what they so choose. This Article terms this result the paradox of ideological incitement and considers the cable news channels as an illustrative example. In addition, this Article contends that the State has, under certain circumstances, an obligation to resolve direct conflict that can arise in the exercise of fundamental rights. As part of this obligation, the State must provide remedial mechanisms that create the separation necessary for the exercise of two otherwise conflicting fundamental rights to coexist, spending public funds to implement a ductile right as defined here.
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Darryl Wilson, Keeping Current – Property, 38 Probate and Property 12 (2024)Clicking on the button will copy the full recommended citation.