Mark Nevitt

Emory University School of Law

Associate Professor

1301 Clifton Road

Atlanta, GA 30322

United States

http://https://law.emory.edu/faculty/faculty-profiles/nevitt-profile.html

Georgetown University - Center on National Security and the Law

Non-Resident Fellow

600 New Jersey Avenue N.W.

Washington, DC 20001

United States

Syracuse University College of Law

Syracuse, NY 13244-1030

United States

http://law.syr.edu/profile/mark-nevitt

  • Emory University School of Law

  • Georgetown University - Center on National Security and the Law

  • Syracuse University College of Law

SCHOLARLY PAPERS

25

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3,449

SSRN CITATIONS
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SSRN RANKINGS

Top 120,753

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1

CROSSREF CITATIONS

1

Ideas:
“  I am currently working on several law review articles to include (1) Delegating Climate Solutions, forthcoming in Yale Journal of Regulation (2) Regulating Toxic Chemicals Under Environmental Law (with Prof. Bob Percival); and (3) "Regulating Climate Retreat" - addressing managed retreat from coastal zones and how this is destabilizing different areas of property law. I am also working on early-stage products addressing how environmental law can address cryptocurrency mining's climate impacts.  ”

  • Emory University School of Law

  • Georgetown University - Center on National Security and the Law

  • Syracuse University College of Law

Scholarly Papers (25)

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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 367 (115,120)

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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.

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 315 (135,674)

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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)

3.

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 217 (196,616)

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

4.

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 208 (204,518)

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

5.

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 204 (208,170)

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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

6.

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 190 (221,821)

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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

7.

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 175 (238,108)
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

8.

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 171 (242,832)

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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

9.

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 157 (262,190)

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

10.

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 152 (267,673)

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

11.

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 149 (272,023)

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12.

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 146 (276,504)

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

13.

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 135 (293,906)

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

14.

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 124 (313,276)

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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

15.

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 124 (313,276)

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

16.

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 118 (324,502)

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

17.

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 94 (377,715)

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

18.

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 74 (434,864)

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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

19.

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 70 (448,046)

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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

20.

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 56 (499,916)

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climate change, managed retreat, adaptation, constitutional law

21.

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 51 (521,134)

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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

22.

Delegating Climate Authorities

Yale Journal on Regulation, Forthcoming
Number of pages: 37 Posted: 04 Apr 2022
Mark Nevitt
Emory University School of Law
Downloads 48 (534,566)

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

23.

Climate Security Insights from the COVID-19 Response

Indiana Law Journal, Forthcoming
Number of pages: 49 Posted: 23 Mar 2022
Mark Nevitt
Emory University School of Law
Downloads 41 (568,580)

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

24.

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 36 (595,236)

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

25.

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 27 (650,980)

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