Where is Nature in Our Constitution? Part I

Across two Parts, Liam McMillin asks how our interaction with and understanding of nature and the natural world informs our basic legal understanding of nature. Using the Constitution as our guide, McMillin examines the difference between granting “rights” to nature, and limiting our own uses, and the internal and external consequences of both.

H.B. 6: Is this the End of Nuclear Power in Ohio?

"Dungeness"by nigelphoto2011 is licensed under CC BY-NC-ND 2.0 William Malson, Associate Member, University of Cincinnati Law Review  Disclaimer: the author is employed by a group seeking to hold a referendum on H.B. 6. Background In 1966, the Atomic Energy Commission discontinued operations of the Piqua Nuclear Power Facility just outside the southern city limits of Piqua,... Continue Reading →

Migratory Bird Act: What Does Taking Mean?

Author: Maxel Moreland, Associate Member, University of Cincinnati Law Review The Migratory Bird Treaty Act (MBTA) makes it unlawful to “take” protected migratory birds.[1] However, using two methods of statutory interpretation, a circuit split has developed over different definitions of “take” under the MBTA. The first, narrower interpretation from the Fifth Circuit must involve the... Continue Reading →

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