University of Utah : S.J. Quinney College of Law

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Stegner Research

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The following scholarship highlights provide a glimpse of the broad range of issues and topics in which our environmental law faculty excel, including watershed restoration, effects of colonialism, antitrust enforcement, ecosystems, national park preservation, and the medical consequences of environmental degradation.

Robert Adler

The Clean Water Act: Twenty Years Later (Island Press 1993).

"Watersheds and the Integration of U.S. Water Policy," William & Mary Environmental Law Review (in progress).

"American Trucking and the Revival (?) of the Nondelegation Doctrine," 30 Environmental Law Reporter 10233-10244 (2000).

"New Directions in Western Water Law: Conflict or Collaboration?", 20 Journal of Land, Resources and Environmental Law 15 (2000) (with S. Van de Wetering).

"Integrated Approaches to the Water Quality Problem: Lessons from the Clean Air Act," 23 Harvard Environmental Law Review 203-95 (1999).

"Toward Comprehensive Watershed Restoration and Protection for Great Salt Lake," 1999 Utah Law Review 99-204 (1999).

"Unfunded Federal Mandates and Fiscal Federalism: A Critique," 50 Vanderbilt Law Review 1091 (1997).

"Filling the Gaps in Water Quality Standards: Legal Perspectives on Biocriteria," in Biological Assessment and Criteria: Tools for Water Resource Planning and Decision Making (Davis and Simon eds., Lewis Publishers 1995).

"Addressing Barriers to Watershed Protection," 25 Environmental Law 973-1106 (1995).

"Reauthorizing the Clean Water Act: Looking to Tangible Values," 30 Water Resources Bulletin 1-9 (1994).

Antony Anghie

"Universality and the Concept of Governance in International Law," in Legitimate Governance in Africa: International and Domestic Legal Perspectives 20-40 (Edward Kofi Quashigah and Obiora Chinedu Okafor, eds., 1999).

"Finding the Peripheries: Sovereignty and Colonialism in Nineteenth Century International Law," 40 Harvard International Law Journal 1 (1999).

"Francisco de Vitoria and the Colonial Origins of International Law," Social and Legal Studies , Sept. 1996.

"The Legal Framework of the Bretton-Woods Institutions," at Greening International Economic Development? The Impact of World Bank Policies on Environmental Practices in Developing Countries , University of Utah College of Law (March, 1997).

"The Heart of My Home: Colonialism, Environmental Damage, and the Nauru Case," 34 Harvard International Law Journal 445 (1993).

"International Decisions: Nauru v. Australia," 87 American International Law Journal 282 (1993)

John J. Flynn

Antitrust: Statutes, Treaties, Regulations, Guidelines, Policies (Foundation Press 1994) and Supplements (1995-96).

"Which Past is Prologue: The Future of Private Antitrust Enforcement," in The Antitrust Impulse: An Economic, Historical, and Legal Analysis , Chapter 19 (Sharpe 1995).

Robert B. Keiter

Reclaiming the Native Home of Hope: Community, Ecology and the West (editor, University of Utah Press 1998).

Visions of the Grand Staircase-Escalante: Examining Utah's Newest National Monument (editor with S. George and J. Walker, Wallace Stegner Center 1998).

The Greater Yellowstone Ecosystem: Redefining America's Wilderness Heritage (editor with M. Boyce, Yale University Press 1991).

"Ecosystem Management and the National Parks: Exploring the Legal-Political Framework," in National Parks and Protected Areas: Their Role in Environmental Protection 63-88 (G. Wright ed., Blackwell Science 1996).

"Public Lands," in American Law of Real Property (A. Gaudio ed., Matthew-Bender 1993).

"An Introduction to the Ecosystem Management Debate," and "Greater Yellowstone 'Future: Ecosystem Management in a Wilderness Environment," (with M. Boyce), in The Greater Yellowstone Ecosystem: Redefining America's Wilderness Heritage 3-18, 379-412 (R. Keiter and M. Boyce eds., Yale University Press 1991).

"Natural Ecosystem Management in Park and Wilderness Areas: Looking at the Law," in Ecosystem Management for Parks and Wilderness 15-40 (J. Agee and D. Johnson eds., University of Washington Press 1988).

"National Parks Protection: Putting the Organic Act to Work," in Our Common Lands: Defending the National Parks 75-85 (D. Simon ed., Island Press 1988).

"Ecosystems and the Law: Toward an Integrated Approach," 8(2) Ecological Applications 332- 42 (1998).

"Ecological Policy and the Courts: Of Rights, Processes, and the Judicial Role," 4(l) Human Ecology Review 2 (1997).

"Greater Yellowstone's Bison: The Unraveling of an Early American Wildlife Conservation Achievement," 61(1) Journal of Wildlife Management 1 (1997).

"Preserving Nature in the National Parks: Law, Policy, and Science in a Dynamic Environment," 74 Denver University Law Review 649 (1997).

"Toward Legitimizing Ecosystem Management on the Public Domain," 6(3) Ecological Applications 727 (1996).

"Law and Large Carnivore Conservation in the Rocky Mountains of the U.S. and Canada," 10(4) Conservation Biology 1003 (1996) (with H. Locke).

"Selecting Wilderness Areas to Conserve Utah's Biological Diversity," 56(2) Great Basin Naturalist 95 (1996) (with D. Davidson et al.).

"Protecting Nepal's National Parks: Law and Conservation in the Developing World," 22 Ecology Law 591 (1995).

"Greater Yellowstone: Managing a Charismatic Ecosystem," 3 Utah State University Natural Resources and Environmental Issues 75 (1995).

"Beyond the Boundary Line: Constructing a Law of Ecosystem Management," 65 University of Colorado Law Review 293 (1994) (reprinted in 26 Land Use and Environment Law Review 33 (1995)).

"Conservation Biology and the Law: Assessing the Challenges Ahead," 70 Chicago Kent Law Review 911 (1994).

"The Old Faithful Protection Act: Congress, National Park Ecosystems, and Private Property Rights," 14 Public Land Law Review 5 (1993).

"Bison, Brucellosis, and Law in the Greater Yellowstone Ecosystem," 28 Land & Water Law Review 1 (1993) (with P. Froelicher).

"Observations on the Future Debate Over 'Delisting' the Grizzly Bear in the Greater Yellowstone Ecosystem," 13 The Environmental Professional 248 (1991).

"Wolf Recovery Under the Endangered Species Act: A Study in Contemporary Federalism," 11 Public Land Law Review 19 (1990) (with P. Holscher).

"NEPA and the Emerging Concept of Ecosystem Management on the Public Lands," 25 Land & Water Law Review 43 (1990).

William J. Lockhart

"'Faithful Execution' of the Laws Governing Greater Yellowstone: Whose Law? Whose Priorities?", in The Greater Yellowstone Ecosystem, Redefining America's Wilderness Heritage (R. Keiter & M. Boyce eds., Yale University Press 1991).

"External Park Threats and Interior's Limits: The Need for an Independent Park Service," in Our Common Lands (D. Simon ed., Island Press 1988).

"External Threats to our National Parks: An Argument for Substantive Protection", 16 Stanford Environmental Law Journal 73 (1997).

"Range of Management Options & Alternatives to Address Potential Park and Ecosystem Impacts," 15 Journal of Energy, Natural Resources & Environmental Law 305 (1995).

"Federal Statutory Grants Are Not Placeholders for Manipulated State Law: A Response to Ms. Hjelle," 14 Journal of Energy, Natural Resources & Environmental Law 323 (1994).

John Martinez

"Local Government Law for the Next Millennium," 28 Stetson Law Review 517 (1999).

"Taming the Takings Tiger," 12 Utah Bar Journal 7 (Jan. 1999).

"A Framework for Addressing Takings Problems," 9 Utah Bar Journal 13 (June/July 1996).

"Statutes Enacting Takings Law: Flying in the Face of Uncertainty," 26 Urban Lawyer 327 (1994).

"Trees in the Forest: A Reply to Professor Laitos' The Public Use Paradox and the Takings Clause: A Critique of the Lucas Takings Doctrine," 13 Journal of Energy and Natural Resources 51 (1993).

Susan R. Poulter

"Reference Guide on Medical Testimony," in Federal Judicial Center Reference Manual on Scientific Evidence (with M. Henifin and H. Kipen, 2000).

"Medical and Scientific Evidence of Causation: Guidelines for Evaluating Medical Opinion Evidence," in Expert Witnessing: Explaining and Understanding Science 185 (Carl Meyer ed., 1999).

"Cleanup and Restoration: Who Should Pay?", 18 Journal of Land, Resources, and Environmental Law 77 (1998).

"Monte Carlo Simulation in Environmental Risk Assessment: Science, Policy and Law," 9 Risk: Health, Science and Law 7 (1998).

"Fitting Science to Law: A Review of the Federal Judicial Center's Reference Guide on Toxicology," 36 Jurimetrics Journal 169 (1995).

"Daubert and Scientific Evidence: Assessing Evidentiary Reliability in Toxic Tort Litigation," 1993 Utah Law Review 1307.

"Science and Toxic Torts: Is There a Rational Solution to the Problem of Causation?", 7 High Technology Law Journal 189 (1993).