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Environmental Law and Policy/Governance

Owning Up to the Environment

It may seem paradoxical to suggest that property law can shape constitutional doctrine, let alone that it can do so in a pro-environmental direction. As every law student learns, constitutional law trumps "ordinary" law such...

The Constitution, the Environment, and the Prospect of Enhanced Executive Power

Environmental law poses many intriguing questions of constitutional law, including issues involving separation of powers. Separation-of-powers questions stemming from environmental law disputes have affected significantly the allocation...