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Climate Change

Legislating Carbon Caps: Five Unresolved Issues for the New Administration

Editors' Summary: Federal cap-and-trade legislation is essential if the United States is to reduce greenhouse gas emissions. Five stumbling blocks that the incoming administration and Congress must address in order to get legislation...

Mitigation and Adaptation for Ecosystem Protection

The Barack Obama Administration will take office at a moment when the world, and this country in particular, has lagged way behind in tackling the greatest environmental problem of all time: climate change. Global emissions now exceed...

<i>Garamendi</i>'s Unspoken Assumptions: Assessing Executive Foreign Affairs Preemption Challenges to State Regulation of Greenhouse Gas Emissions

Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower...

Where Federalism and Globalization Intersect: The Western Climate Initiative as a Model for Cross-Border Collaboration Among States and Provinces

Editors' Summary: This Article explores the legal and practical issues that arise where globalization and federalism intersect. A number of states and provinces in the western part of North America have joined together to reduce...

Law and Climate Change: Government's Atmospheric Trust Responsibility

Editor's Summary: Mary Christina Wood delivered this presentation on February 19, 2008, as part of the University of Montana Wilderness Institute Lecture Series: Climate Change: Moving From Science to Solutions. She begins by describing...

Basic Compensation for Victims of Climate Change

Editors' Summary: Prof. Daniel Farber argues that compensation for harm caused by climate change is a moral imperative, and he surveys various mechanisms that have been used in other circumstances to compensate large numbers of victims...

Comment One on Basic Compensation for Victims of Climate Change

I. Introduction

In his article, Basic Compensation for Victims of Climate Change, Prof. Daniel A. Farber makes a valuable contribution to the subject of global climate change by proposing ways in which certain types of injuries...

Basic Liability for Major Contributors to Climate Change: Comment on Basic Compensation for Victims of Climate Change

Daniel Farber's excellent and timely article, Basic Compensation for Victims of Climate Change, offers a thorough analysis of a possible compensation system for victims of climate change. He canvases various types of injuries from...

Comment Two on Basic Compensation for Victims of Climate Change

Providing compensation for individuals or communities who may be impacted by climate change presents four fundamental questions: (1) who, if anyone, should receive compensation; (2) how much each recipient should receive; (3) who should...

Of Montreal and Kyoto: A Tale of Two Protocols

Editors' Summary: Prof. Cass Sunstein compares the relative ease with which the United States adopted the Montreal Protocol against its rejection of the Kyoto Protocol to conclude that the perceived costs versus perceived benefits of...