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Hidden Resources
Full text linkVision is central to the human species’ evolution and success. This dependence on sight is reflected in the construction of property frameworks governing natural resources. When humans encounter natural resources they cannot see—hidden resources—they have difficulties imagining an appropriate property regime. As a result, they rely on existing two-dimensional property systems to govern natural resources, which are often three- or four-dimensional in nature. These hidden resources, invisible to the human eye, may be subsurface, distant, or not composed of a visible form. Examples of hidden resources include groundwater, minerals, petroleum, porous space, wind, migratory paths, deep oceans, viruses, and planets. This Article proposes that a lack of natural resource sight affects the ability to efficiently use, manage, and conserve resources. It further examines how revelation of a resource’s latent physical and visual traits results in efficient development and optimal law and policy, concluding that hidden resources should not be governed by the same property frameworks as visible property
Christopher Leslie
No full textChristopher Leslie at the First Annual Celebration of Books, Spring 2010.https://scholarship.law.uci.edu/celebration_of_books_2010_photos/1004/thumbnail.jp
Catherine Fisk & Ann Southworth
No full textCatherine Fisk & Ann Southworth at the Sixth Annual Celebration of Books, March 19, 2015.https://scholarship.law.uci.edu/celebration_of_books_2015_photos/1007/thumbnail.jp
Abortion Access in Religious Nations with Deep Societal Divisions: Lessons the United States Can Take from Abortion Reform in Ireland and South Africa
Full text linkIn July of 2022, the Supreme Court of the United States overturned decades of precedent by holding that certain substantive rights, including the right to choose to have an abortion in the first trimester of pregnancy, no longer exist. The Court’s decision impacted the quality and availability of reproductive care in numerous states across America and forced healthcare providers to prioritize arbitrary, confusing regulations over the health and well-being of pregnant patients. Tensions between liberal and conservative states are rising as state representatives respond to the Supreme Court’s decision with overt, sweeping legislation. In order to emerge from this era intact, the United States should look to other nations with similar political and social structures that have successfully modernized their abortion laws. This Note makes three contributions. First, it describes the issues in a post-Dobbs America. Second, the Note explains how both Ireland and South Africa, two religious nations with deep political divisions, were able to revise policy that restricted abortion access and devise policy that protected and expanded abortion access. Third, it proposes a few different strategies that activists and lawmakers in the United States may employ to modernize abortion laws domestically
Katherine Porter
No full textKatherine Porter at the Sixth Annual Celebration of Books, March 19, 2015.https://scholarship.law.uci.edu/celebration_of_books_2015_photos/1010/thumbnail.jp
Environmental Protection: Law and Policy
Full text linkhttps://scholarship.law.uci.edu/celebration_of_books_2022-2023_book-covers/1006/thumbnail.jp
Myth-Busting Restorative Justice: Uncovering the Past and Finding Lessons in Community
Full text linkA common narrative about modern restorative justice is that it is a revival of historic and indigenous justice practices that have been practiced around the world. Critics of this narrative call it a myth, arguing that the claim is overbroad and unsupported by existing evidence. Embedded in this conversation are questions about how to respect the contributions of indigenous traditions and avoid whitewashing. Such an overwhelmingly broad claim tends to lead to romanticization and whitewashing of indigenous traditions, serving the needs of largely white, Western advocates in yet another colonial endeavor. But ignoring the indigenous contribution to restorative justice altogether is whitewashing by a different route.
This Article offers three main contributions. First, it reveals the current lack of empirical grounding for the common narrative. This descriptive insight motivates the second contribution: the creation of a methodology for better ascertaining the degree to which any historic, indigenous practice did constitute restorative justice. Applying this methodology to investigate the traditional practices of the Igbo and Acholi in sub-Saharan Africa, the Article begins the work of documenting the relationship between restorative justice and historic practices, work that leads to the third and last contribution. Better conceptualizing past practices not only advances our understanding of such practices but also contributes to our understanding of modern restorative justice. Here, the case studies of the Igbo and Acholi reveal a need for restorative justice scholars to engage in greater conceptual and empirical analysis of the role of community in restorative justice practices
Rationing Retaliation Claims
Full text linkAccording to the U.S. Supreme Court, the rising number of workplace retaliation claims is a problem, one warranting more stringent requirements for employees to successfully bring claims. The Court’s principal justification for this restrictive approach is a fear of “opening the floodgates” of litigation. This Article critically assesses the Court’s fear of opening the floodgates of retaliation claims, evaluates the Court’s evidence, and argues that such concerns are overstated and misplaced. Rather than a cause for concern, the rise in retaliation claims reflects rising intra-organizational conflict. Social scientists have demonstrated that, as the American workforce becomes more diverse, intra-organizational conflict increases, and the propensity for civil rights violations grows. In other words, claims are on the rise because retaliation is on the rise. Employment discrimination and other related statutes are aimed at mitigating the harms of this expected rise in intra-organizational conflict.
The Article further argues that considerations of judicial economy are particularly misplaced in workplace retaliation cases. Retaliation protections are crucial to the private enforcement scheme Congress developed for civil rights laws generally and employment discrimination laws in particular. Attempting to limit judicial caseloads through restrictive interpretations of anti-retaliation laws eviscerates private enforcement, producing under- enforcement of these core civil rights protections. To remedy the Supreme Court’s wrong turn on retaliation, Congress should act. This Article proposes that Congress adopt a rule of construction mandating broad interpretation of all workplace anti-retaliation statutory provisions. This provision would strengthen critical civil rights safeguards for employees by restoring the optimal and essential function of retaliation provisions
R. Anthony Reese
No full textR. Anthony Reese at the First Annual Celebration of Books, Spring 2010.https://scholarship.law.uci.edu/celebration_of_books_2010_photos/1001/thumbnail.jp