Mark Nevitt

Emory University School of Law

1301 Clifton Road

Atlanta, GA 30322

United States

  • Emory University School of Law

SCHOLARLY PAPERS

37

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SSRN CITATIONS
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1

Ideas:
“  I am currently working on several law review articles to include "Regulating Climate Retreat" - addressing managed retreat from coastal zones and how this is destabilizing different areas of property and tort law. I am following up on my Stanford Law Review Article with a full-length law review Article addressing what I call "unmanaged retreat" and what steps we should take to shift to managed retreat.  ”

  • Emory University School of Law

Scholarly Papers (37)

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1.

On Environmental Law, Climate Change & National Security Law

44 Harvard Environmental Law Review 321 (2020), U of Penn Law School, Public Law Research Paper No. 19-36
Number of pages: 46 Posted: 19 Sep 2019 Last Revised: 17 Aug 2020
Mark Nevitt
Emory University School of Law
Downloads 475 (101,410)

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environmental law, national security values & risks, climate change, non-traditional security threat, climate-security nexus, presidential power, executive authority, national climate assessment, extreme weather, sea level rise, territorial integrity, sovereignty, emergency, military intelligence

2.

The Russia-Ukraine Conflict, the Black Sea, and the Montreux Convention

Just Security (NYU Law), 2022
Number of pages: 5 Posted: 18 Mar 2022
Mark Nevitt
Emory University School of Law
Downloads 432 (113,302)

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Black Sea, Law of the Sea, Military, Russia, Russia-Ukraine Crisis, Treaties, Ukraine

3.

The Legal Crisis Within the Climate Crisis

Stanford Law Review, Vol. 76, 2024
Number of pages: 80 Posted: 03 Mar 2023 Last Revised: 18 Aug 2023
Mark Nevitt
Emory University School of Law
Downloads 389 (127,905)
Citation 1

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climate change, environmental law, property law, climate, adaptation, mitigation, climate law

4.

Unintended Consequences: The Posse Comitatus Act in the Modern Era

36 Cardozo L. Rev. 119 (2014)
Number of pages: 58 Posted: 09 Apr 2014 Last Revised: 31 Oct 2014
Mark Nevitt
Emory University School of Law
Downloads 331 (152,673)

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National Security, Military Law, Navy, Army, Legal History, Posse Comitatus, Constitutional Law, Constitutional History, Standing Army, War on Terror, Maritime Terrorism, National Security Agency (NSA)

5.

Key Takeaways from the Glasgow Climate Pact

Lawfare 2021
Number of pages: 3 Posted: 09 Feb 2022
Mark Nevitt
Emory University School of Law
Downloads 308 (164,849)

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climate change, environmental law, climate emergency, adaptation, mitigation, Glasgow, Paris Agreement, emergency powers, National Emergency Act

6.

Can Environmental Law Solve the 'Forever Chemical' Problem?

57 Wake Forest Law Review 239 (2022)
Number of pages: 50 Posted: 07 Sep 2021 Last Revised: 26 May 2022
Mark Nevitt and Robert V. Percival
Emory University School of Law and University of Maryland - Francis King Carey School of Law
Downloads 298 (170,671)

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environmental law, toxic chemicals, drinking water, national security, PFAS, PFOA, PFOS, clean water act, safe drinking water act, sovereign immunity

7.

Climate Change and the Specter of Statelessness

Forthcoming, Georgetown Environmental Law Review (GELR), Vol. 35, 2023, Emory Legal Studies Research Paper No. 22-29
Number of pages: 26 Posted: 22 Sep 2022 Last Revised: 06 Sep 2023
Mark Nevitt
Emory University School of Law
Downloads 290 (175,650)

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climate change, small island developing states, environmental law, adaptation, loss and damage, climate security

8.

Climate Justice and Loss and Damage in the Pakistan Flood Crisis

Lawfare (Brookings Institute) 2022
Number of pages: 3 Posted: 08 Sep 2022
Mark Nevitt
Emory University School of Law
Downloads 264 (193,240)

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climate change, environmental law, climate emergency, adaptation, mitigation, climate law

9.

Is Climate Change a National Emergency?

55 UC Davis Law Review 591 (2021)
Number of pages: 66 Posted: 15 Mar 2021 Last Revised: 01 Feb 2022
Mark Nevitt
Emory University School of Law
Downloads 252 (202,372)

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climate change, environmental law, climate emergency, adaptation, mitigation, Paris Agreement, emergency powers, National Emergency Act

10.

Is Climate Change a Threat to International Peace and Security?

42 Michigan Journal of International Law, 527 (2021).
Number of pages: 55 Posted: 11 Sep 2020 Last Revised: 22 Apr 2022
Mark Nevitt
Emory University School of Law
Downloads 249 (204,780)
Citation 3

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climate change, security council, international law, United Nations, Small Island Developing States, UN Charter, Chapter VII, climate-security, environmental law, international environmental law

11.

The Operational and Administrative Militaries

Georgia Law Review, Vol. 53, p. 905, 2019, U of Penn Law School, Public Law Research Paper No. 18-8
Number of pages: 86 Posted: 28 Mar 2018 Last Revised: 10 Sep 2019
Mark Nevitt
Emory University School of Law
Downloads 214 (236,832)

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Military law, administrative law, national security law, constitutional law and history, Goldwater-Nichols Act, Department of Defense, operational functions, battle, war, administrative agency practice, train, equip, Congressional interest, integrated national security governance

12.

The Commander in Chief's Authority to Combat Climate Change

37 Cardozo Law Review 437 (2015)
Number of pages: 66 Posted: 23 Apr 2015 Last Revised: 16 May 2016
Mark Nevitt
Emory University School of Law
Downloads 204 (247,340)
Citation 1

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Climate change, COP21, climate change accord, national security, constitutional law, separation of powers, environmental law, United Nations, Youngstown, fiscal law, commander in chief, executive power

13.

Polar Opposites: Assessing the State of Environmental Law in the World's Polar Regions

Boston College Law Review, Vol. 59, Pg. 1655, 2018, U of Penn Law School, Public Law Research Paper No. 17-35, U of Maryland Legal Studies Research Paper No. 2018-28
Number of pages: 48 Posted: 08 Sep 2017 Last Revised: 20 Sep 2018
Mark Nevitt and Robert V. Percival
Emory University School of Law and University of Maryland - Francis King Carey School of Law
Downloads 198 (254,227)

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Environmental Law, International Law, Natural Resources, UN Convention on the Law of the Sea, Arctic Council, Antarctic Treaty System, Convention on the Regulation of Antarctic Mineral Resource Activities, Madrid Protocol, Arctic Indigenous Peoples, Commission on the Limits of the Continental Shelf

14.

Environmental Law in Military Operations

Environmental Law in Military Operations, Oxford Press, 2015
Number of pages: 36 Posted: 29 Sep 2015 Last Revised: 16 May 2016
Mark Nevitt
Emory University School of Law
Downloads 193 (260,068)

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Environmental Law, Military Operations, Sovereign Immunity, Clean Air Act, Clean Water Act, NEPA

15.

Domestic Military Operations and the Coronavirus Pandemic

11 Journal of National Security Law & Policy 107 (2020)
Number of pages: 24 Posted: 19 Aug 2020 Last Revised: 10 Jun 2021
Mark Nevitt
Emory University School of Law
Downloads 166 (296,681)

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16.

The Operational and Legal Risks of a No-Fly Zone Over Ukrainian Skies

Just Security 2022
Number of pages: 8 Posted: 16 Mar 2022
Mark Nevitt
Emory University School of Law
Downloads 162 (302,866)
Citation 1

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NATO, national security, law of war, international humanitarian law, Russia, military, aviation, United Nations

17.

Defending the Environment: A Mission for the World's Militaries

University of Hawaii Law Review, Vol. 36, No. 27, 2014
Number of pages: 68 Posted: 27 Nov 2013 Last Revised: 24 Mar 2014
Mark Nevitt
Emory University School of Law
Downloads 158 (309,296)

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Environmental Law, Military Law, Administrative Law, International Law, Comparative Law, International Environmental Law, National Security Law

18.

The Remaking of the Supreme Court: Implications for Climate Change Litigation and Regulation

Cardozo Law Review, Vol. 42, 2020
Number of pages: 15 Posted: 25 Nov 2020 Last Revised: 30 Nov 2020
Mark Nevitt
Emory University School of Law
Downloads 140 (341,374)

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climate change, Supreme Court, environmental law, administrative law, Amy Coney Barrett, standing, nondelegation doctrine, Chevron deference

19.

Could Official Climate Denial Revive the Common Law as a Regulatory Backstop?

Washington University Law Review, Vol. 96, Pg. 441, 2018, U of Penn Law School, Public Law Research Paper No. 18-7
Number of pages: 55 Posted: 15 Mar 2018 Last Revised: 05 Dec 2018
Mark Nevitt and Robert V. Percival
Emory University School of Law and University of Maryland - Francis King Carey School of Law
Downloads 139 (343,272)

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Environmental law & policy, regulation, climate change, anthropogenic global warming, AGW, greenhouse gas emissions, GHG, torts, public nuisance, interstate nuisance, Clean Air Act, CAA, AEP v. Connecticut

20.

Climate Change and the Law of National Security Adaptation

Northwestern University Law Review (online), 2023
Number of pages: 23 Posted: 15 Nov 2022 Last Revised: 06 Sep 2023
Mark Nevitt
Emory University School of Law
Downloads 131 (359,249)

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Climate change, environmental law, adaptation, national security, military, climate risk, Department of Defense,

21.

The Climate-Security Nexus

American Bar Association 60th Anniversary Anthology (National Security Law) 2023
Number of pages: 14 Posted: 10 Jan 2023
Mark Nevitt
Emory University School of Law
Downloads 118 (388,303)

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22.

The Climate-Security Century: Three Climate Hotspots

Tufts Fletcher Security Review, 2021
Number of pages: 9 Posted: 18 Aug 2021
Mark Nevitt
Emory University School of Law
Downloads 115 (395,570)

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Climate Change, Environmental Law, Climate Security, Adaptation, Mitigation, Arctic, Small Island Developing States, International Law

23.

Climate Security, Energy Security, and the Russia-Ukraine War

Just Security (New York University School of Law), 2022
Number of pages: 7 Posted: 30 Jan 2023
Mark Nevitt
Emory University School of Law
Downloads 111 (405,898)

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Climate Change, Environmental Law, Energy Law, Adaptation, National Security, Russia, Ukraine, Climate Law

24.

Climate Adaptation Strategies: How do we 'Manage' Managed Retreat?

University of Pennsylvania: Kleinman Center for Energy Policy Digest, Forthcoming
Number of pages: 11 Posted: 11 Sep 2020 Last Revised: 30 Apr 2021
Mark Nevitt
Emory University School of Law
Downloads 101 (434,025)

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climate change, managed retreat, adaptation, constitutional law

25.

Military Justice: a Very Short Introduction (Book Review)

Journal of National Security Law & Policy, Vol. 10, 2018 Forthcoming, U of Penn Law School, Public Law Research Paper No. 18-14
Number of pages: 6 Posted: 23 May 2018 Last Revised: 30 Sep 2018
Mark Nevitt
Emory University School of Law
Downloads 100 (436,994)

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Military law and justice system, national security law, court martial, military criminal law, Military Justice A Very Short Introduction, Eugene Fidell, book review

26.

Delegating Climate Authorities

Yale Journal on Regulation, Forthcoming
Number of pages: 37 Posted: 04 Apr 2022
Mark Nevitt
Emory University School of Law
Downloads 90 (467,776)
Citation 1

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administrative law, constitutional law, nondelegation doctrine, climate change, environmental law, national security, presidential power, emergency power

27.

The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?

32 Berkeley J. Int'l Law 388 (2014).
Number of pages: 57 Posted: 19 Feb 2014 Last Revised: 24 Dec 2014
Mark Nevitt
Emory University School of Law
Downloads 85 (484,692)

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Environmental Law, Extraterritorial, Natural Resource, Cultural Law, Foreign Relations Law, International Law, National Historic Preservation Act, Alien Tort Statute, World Heritage Convention

28.

Climate Security Insights from the COVID-19 Response

Indiana Law Journal, Forthcoming, Emory Legal Studies Research Paper No. 22-35
Number of pages: 48 Posted: 23 Mar 2022 Last Revised: 07 Sep 2023
Mark Nevitt
Emory University School of Law
Downloads 83 (491,633)

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climate change, environmental law, climate security, military, health security, national security, climate emergency

29.

Reforming the Pentagon: Reflections on How Everything Became War and the Military Became Everything

Temple International & Comparative Law Journal, Vol. 32, Pg. 69, 2018, U of Penn Law School, Public Law Research Paper No. 18-11
Number of pages: 10 Posted: 13 Apr 2018 Last Revised: 01 Dec 2018
Mark Nevitt
Emory University School of Law
Downloads 71 (537,721)

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Military law & governance, national security, warmaking, special forces, covert action, traditional military activities, Central Intelligence Agency, CIA, National Security Council, NSC, Rosa Brooks, How Everything Became War and the Military Became Everything

30.

Think Globally on Climate, Act Locally on Leaf Blowers

Regulatory Review (University of Pennsylvania Law School)
Number of pages: 4 Posted: 17 Feb 2023
Mark Nevitt
Emory University School of Law
Downloads 70 (541,853)

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climate change, environmental law, noise pollution, equity, greenhouse gas

31.

Assessing Military Operations in the Black Sea a Year Into Russia's Full-Scale Invasion of Ukraine

Just Security (New York University School of Law)
Number of pages: 7 Posted: 28 Feb 2023
Mark Nevitt
Emory University School of Law
Downloads 68 (550,376)

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Russia, Ukraine, international law, law of the sea, UNCLOS, NATO, Montreux Convention, naval operations

32.

Should the COVID-19 Vaccine Be Required for the Military?

Just Security (New York University Law School) 2021
Number of pages: 6 Posted: 13 Jan 2022
Mark Nevitt
Emory University School of Law
Downloads 60 (586,423)

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military, vaccine, COVID-19, mandate, health law, military law, military justice, coronavirus

33.

Climate Change, Arctic Security, & Why the U.S. Should Join the U.N. Convention on Law of the Sea

University of Pennsylvania, Center for Ethics and Rule of Law
Number of pages: 4 Posted: 29 Dec 2022
Mark Nevitt
Emory University School of Law
Downloads 38 (711,207)

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Arctic, national security, law of the sea, Arctic Council, U.N. Convention on the Law of the Sea

34.

What You Need to Know About The New Climate Change Security Reports

Lawfare (Brookings Institution) 2021
Number of pages: 4 Posted: 11 Jan 2022
Mark Nevitt
Emory University School of Law
Downloads 38 (711,207)
Citation 1

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climate change, environmental law, climate security, military, adaptation, mitigation, Glasgow, Paris Agreement, intelligence

35.

The Egypt Climate Summit: Four Key Questions to Help Frame COP27

JustSecurity.org, 2022
Number of pages: 5 Posted: 20 Apr 2023
Mark Nevitt
Emory University School of Law
Downloads 23 (826,167)

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climate change, environmental law, international environmental law, climate law, loss and damage

36.

The Military, the Mexican Border, and Posse Comitatus: Four Key Takeaways

Just Security (New York University School of Law) 2018
Number of pages: 5 Posted: 30 Jan 2023
Mark Nevitt
Emory University School of Law
Downloads 16 (890,342)

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Commander in Chief, military, military law, national security, Mexico, border, border wall

37.

The President and the Domestic Deployment of the Military: Answers to Five Key Questions

Just Security (New York University School of Law) 2020
Number of pages: 9 Posted: 30 Jan 2023
Mark Nevitt
Emory University School of Law
Downloads 11 (939,114)

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national security, military law, executive power, posse comitatus, National Guard, insurrection

Other Papers (1)

Total Downloads: 6
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1.

Senator Tommy Tuberville's Dangerous Military Promotion Ploy

Just Security, 2023
Number of pages: 6 Posted: 02 Aug 2023
Mark Nevitt
Emory University School of Law
Downloads 6

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