Cedar Point Nursery v. Hassid and Customary Use: Protecting the Public’s Right to Recreate on Dry Sand Beaches

Abstract This Article analyzes the Supreme Court’s new per se physical taking rule in Cedar Point Nursery v. Hassid as a potential threat to the public’s right to use dry sand beaches protected by state customary use statutes. The Court’s recent decision pronounced a per se rule that any degree of physical access to private property authorized by the government constitutes a taking requiring just compensation. While Cedar Point expanded the application of the Fifth Amendment’s Takings Clause, common law property principles protect state customary Continue reading →

Federalism in Flux: Addressing State Oversight of National Security Facilities

Abstract This Article explores the legal tension posed by state-issued injunctions under federal environmental laws on national security facilities. It argues that the Constitution’s assignment of military control to the federal government is at odds with states’ broad enforcement authority when applied to facilities that are vital for national security. This uncertain enforcement regime negatively impacts both effective environmental controls and national security. The Article proposes to resolve the issue through an Executive Branch-designated list of national security facilities that would fall solely under federal Continue reading →

The Rise of the Nondelegation Doctrine and the Decline of Our Oceans

Introduction The great oceans of our planet evoke a variety of emotions in visitors, from fear of what lurks beneath the unknown depths, to awe and wonder about the expansive world beneath the waves. Despite this appreciation or fear, oceans are often overlooked for their wide-reaching benefits. The Amazon is often referred to as the lungs of the planet, yet oceans produce over half of the oxygen we breathe and absorb carbon from the atmosphere that may otherwise contribute to climate change.[2] Seafood from our Continue reading →

Climate Change and Voter Outreach: The IRS’s Prohibition on Political Campaign Activity and Climate Nonprofits

Introduction Nonprofit organizations in the United States play an instrumental role in societal progress, serving individuals and families, speaking with and educating policymakers, and providing community services. 501(c)(3) nonprofit organizations must operate as nonpartisan actors due to prohibitions passed by Congress to qualify for tax exemption.[2] Even with this restriction, nonprofit organizations, specifically climate focused 501(c)(3) organizations, are in an advantageous position to engage voters and potential voters to strengthen the democratic process. Climate organizations—tax-exempt organizations with missions to stop and reverse the climate crisis Continue reading →

Incorporating a Framework for Compostable Materials into Extended Producer Responsibility: Plastic Packaging Models in the Legal Fight Against the Plastic Problem

Introduction The photo of an endless line of hikers stretching into the horizon on Mt. Everest has been talked about around the world.[2] However, human impacts have reached the summit of this mountain in far more terrifying ways than having to wait in line to reach the top ever could. Recently, researchers found microplastics, tiny plastic pieces less than five millimeters thick, in the snow and stream water samples gathered from Mt. Everest.[3] The highest microplastics discovered came from a sample pulled from 8,440 meters Continue reading →

Last Call: The Limitations of New Mexico’s Existing Water Management Framework in the Face of Reduced Colorado River Water Deliveries

Abstract This Article examines the resilience of New Mexico’s internal water management programs considering the interstate Colorado River obligations within the Law of the River. New Mexico’s annual apportionment of the Colorado River has been reduced in recent years, as aridification in the West continues. Much of the water delivered to New Mexico annually serves the San Juan Chama Project, which provides significant water for Albuquerque, Santa Fe, and Los Alamos. Given the strong likelihood of continued reductions in the near future, the state must Continue reading →

April 2022 UN Permanent Forum on Indigenous Issues: Comments

Cewagĭ Pi ṣa:muñ ‘ab dahă. ‘ab dahă kc ‘ab beihim g gewkdag ‘ab beihim ‘amjeḍ g s-ke:g hewel. ‘I:da gewkdag mo na:nko ma:s. ‘I:da gewkdag mo d ‘ep ge’e tatañ. ‘I:da tatañ mat ‘ab amjed o si i-hoi g jeweḍ. I:da tatañ mo we:s ‘an ‘i-t-bijimidahim. Summer clouds sit silently. They sit, quietly gathering strength. Gathering strength from the good winds. This strength that becomes the thunder. The thunder so loud it vibrates the earth. The thunder that surrounds us.[2] This is language. It is Continue reading →

International Language Diplomacy: The United Nations International Decade of Indigenous Languages

NOTE: what follows is a lightly-edited transcript of the keynote address held as part of the 54th Algonquian Conference, University of Colorado Boulder, October 21, 2022. Terveh teilä, hyvät rahvas! Warmest greetings to all conference participants! It is my pleasure to deliver these keynote remarks tonight on the occasion of the launch of the International Decade of Indigenous Languages[2] here at the University of Colorado, an institution that indeed has the capacity and the expertise to make a difference when it comes to concrete steps Continue reading →

Computational Linguistics, Language Technologies and the International Decade of Indigenous Languages: Academic and Community Interactions

NOTE: what follows is a lightly-edited transcript of a panel discussion held as part of the 54th Algonquian Conference, University of Colorado Boulder, October 21, 2022. Three panelists (Mary Hermes, Mary-Odile Junker, and Michael Running Wolf) joined remotely, and two panelists (Antti Arppe and Nora Livesay) joined in person. Authors/panelists Antti Arppe, University of Alberta Mary Hermes, University of Minnesota Marie-Odile Junker, Carleton University Nora Livesay, University of Minnesota Michael Running Wolf, McGill University, Indigenous in AI Moderator Alexis Palmer, University of Colorado Boulder Overview: Continue reading →

Thoughts on the Ethics of the International Decade of Indigenous Languages

aya ceeki. Wesley Leonard weenswiaani. niila myaamia. What I just said in the myaamia language (also known as “Miami”), is very simple: I just shared my name – I said who I am, and that I am Miami. This, however, becomes a relatively big deal when you consider the history of the Miami people and of our language, which like Wampanoag was a sleeping language for a number of years and only later became reclaimed from archival documentation. I refer here to language documentation that Continue reading →