Erin Ryan

Florida State University, College of Law

Elizabeth C. & Clyde W. Atkinson Professor of Law

425 W. Jefferson Street

Tallahassee, FL 32306

United States

SCHOLARLY PAPERS

43

DOWNLOADS
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in Total Papers Downloads

5,953

CITATIONS

13

Scholarly Papers (43)

1.

Adr, the Judiciary, and Justice: Coming to Terms with the Alternatives

Harvard Law Review, Vol. 113, No. 7, p. 1851, 2000
Number of pages: 25 Posted: 15 Dec 2006
Erin Ryan
Florida State University, College of Law
Downloads 701 (35,144)

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ADR, alternative dispute resolution, arbitration, mediation, due process, court annexed

2.

When Socrates Meets Confucius: Teaching Creative and Critical Thinking Across Cultures Through Multilevel Socratic Method

92 NEBRASKA L. REV. 289 (2013), Lewis & Clark Law School Legal Studies Research Paper No. 2013-22
Number of pages: 60 Posted: 23 Aug 2013 Last Revised: 23 Jun 2018
Erin Ryan
Florida State University, College of Law
Downloads 487 (56,514)

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Critical thinking, creativity, Socratic Method, education, pedagogy, Peer Learning, Peer Instruction, China, Asia, Eastern and Western Culture, East and West, marginalized groups, women, minorities

3.

Building the Emotionally Learned Negotiator

Negotiation Journal, April 2006
Number of pages: 18 Posted: 09 Mar 2006
Erin Ryan
Florida State University, College of Law
Downloads 317 (93,743)
Citation 1

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emotion, negotiation, mediation, conciliation, epistemology

4.

Obamacare and Federalism's Tug of War Within

Number of pages: 4 Posted: 21 Jun 2012
Erin Ryan
Florida State University, College of Law
Downloads 316 (94,725)

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federalism, Obamacare, Affordable Care Act, health reform, dual federalism, cooperative federalism, balanced federalism, political safeguards, judicial safeguards, tug of war, broccoli

5.

The Discourse Beneath: Emotional Epistemology in Legal Deliberation and Negotiation

Harvard Negotiation Law Review, Vol. 10, p. 231, Spring 2005
Number of pages: 56 Posted: 09 Jun 2005
Erin Ryan
Florida State University, College of Law
Downloads 258 (116,839)
Citation 2

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Negotiation, deliberation, deliberative, emotion, epistemology, reasoning, inductive, philosophy, intuition, cognitive bias, emotional intelligence, legal education

6.

Negotiating Federalism

52 Boston College Law Review 1, 2011., William & Mary Law School Research Paper No. 09-47
Number of pages: 136 Posted: 05 Apr 2010 Last Revised: 03 Dec 2014
Erin Ryan
Florida State University, College of Law
Downloads 252 (119,758)

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7.

Federalism and the Tug of War Within: Seeking Checks and Balance in the Interjurisdictional Gray Area

Maryland Law Review, Vol. 66, No. 3, 2007
Number of pages: 165 Posted: 21 Sep 2006 Last Revised: 03 Dec 2014
Erin Ryan
Florida State University, College of Law
Downloads 245 (123,197)
Citation 5

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federalism, New Federalism, Tenth Amendment, interjurisdictional, problem solving, checks and balances, values, balancing test

8.

Public Trust and Distrust: The Theoretical Implications of the Public Trust Doctrine for Natural Resource Management

Environmental Law, Vol. 31, p. 477, 2001
Number of pages: 20 Posted: 15 Dec 2006
Erin Ryan
Florida State University, College of Law
Downloads 215 (140,084)

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public trust doctrine, Joseph Sax, Richard Lazarus, green property, Mono Lake

9.

Zoning, Taking, and Dealing: The Problems and Promise of Bargaining in Land Use Planning Conflicts

Harvard Negotiation Law Review, Vol. 7, p. 337, 2002
Number of pages: 52 Posted: 15 Dec 2006
Erin Ryan
Florida State University, College of Law
Downloads 207 (145,130)

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zoning, takings, bargaining, land use planning, exactions, representation, Dolan

10.

The Elaborate Paper Tiger: Environmental Enforcement and the Rule of Law in China

24 Duke Environmental Law & Policy Forum 184 (2014), Lewis & Clark Law School Legal Studies Research Paper No. 2014-11
Number of pages: 57 Posted: 06 Apr 2014 Last Revised: 23 Jun 2018
Erin Ryan
Florida State University, College of Law
Downloads 193 (155,041)

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11.

Federalism and the Tug of War Within: Introduction

FEDERALISM AND THE TUG OF WAR WITHIN, Oxford University Press, 2012
Number of pages: 21 Posted: 30 Jan 2012
Erin Ryan
Florida State University, College of Law
Downloads 191 (156,443)

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Balanced Federalism, New Federalism, cooperative federalism, dynamic federalism, environmental federalism, Tenth Amendment, federalism values, political safeguards, judicial federalism constraints, collaborative governance, intergovernmental bargaining, dual sovereignty, Tea Party, Katrina, climate

12.

How the New Federalism Failed Katrina Victims

LAW AND RECOVERY FROM DISASTER: HURRICANE KATRINA, Robin Malloy & John Lovett, eds., 2009, William & Mary Law School Research Paper No. 09-52
Number of pages: 63 Posted: 09 Jul 2010 Last Revised: 04 Aug 2010
Erin Ryan
Florida State University, College of Law
Downloads 190 (157,213)

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federalism, New Federalism, Hurricane Katrina, disaster response, disaster law

13.

The Once and Future Challenges of American Federalism: The Tug of War Within

Chapter in Alberto López Basaguren & Leire Escajedo San-Epifanio, THE WAYS OF FEDERALISM IN WESTERN COUNTRIES AND THE HORIZONS OF TERRITORIAL AUTONOMY IN SPAIN (Springer, 2013)
Number of pages: 30 Posted: 08 Jun 2012 Last Revised: 06 Apr 2017
Erin Ryan
Florida State University, College of Law
Downloads 177 (167,593)
Citation 2

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14.

The Public Trust Doctrine, Private Water Allocation, and Mono Lake: The Historic Saga of National Audubon Society v. Superior Ct.

45 Environmental Law 561 (2015)
Number of pages: 80 Posted: 06 May 2015 Last Revised: 05 Jun 2015
Erin Ryan
Florida State University, College of Law
Downloads 166 (177,293)

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Public trust doctrine, Mono Lake, Mono Basin, Los Angeles Aqueduct, National Audubon Society v. Superior Court, Decision 1631, prior appropriations doctrine, private water allocation, Owens River Valley, Owens Lake, St. Francis Dam, atmospheric trust project, Robinson Township, Scott River

15.

The Spending Power and Environmental Law after Sebelius

85 University of Colorado Law Review 1003 (2014), Lewis & Clark Law School Legal Studies Research Paper No. 2014-4
Number of pages: 64 Posted: 18 Jan 2014 Last Revised: 11 Jun 2014
Erin Ryan
Florida State University, College of Law
Downloads 159 (183,923)
Citation 1

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spending power, federalism, environmental law, Sebelius, Obamacare, Affordable Care Act, Clean Air Act, SIP, FIP, spending power bargaining, intergovernmental bargaining, state-federal bargaining, cooperative federalism, Clean Water Act, Safe Drinking Water Act, Coastal Zone Management Act

16.

Federalism at the 'Cathedral': Property Rules, Liability Rules, and Inalienability Rules in Tenth Amendment Infrastructure

University of Colorado Law Review, Vol. 81, No. 1, 2009, William & Mary Law School Research Paper No. 09-03
Number of pages: 96 Posted: 27 Feb 2009 Last Revised: 03 Dec 2014
Erin Ryan
Florida State University, College of Law
Downloads 144 (199,625)
Citation 2

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federalism, cathedral, calabresi, remedy rules, property rule, inalienability rule, liability rule, Low Level Radioactive Waste Policy Act, New York v. United States, nuclear waste, interjurisdictional, federalism values, intergovernmental bargaining, environmental law, constitutional law

17.

Palazzolo, the Public Trust, and the Property Owner's Reasonable Expectations: Takings and the South Carolina Marsh Island Bridge Debate

Southern Environmental Law Journal, Vol. 15, 2006
Number of pages: 26 Posted: 15 Feb 2007 Last Revised: 17 Jun 2010
Erin Ryan
Florida State University, College of Law
Downloads 133 (212,793)

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takings, public trust doctrine, south carolina, tidelands, wetlands, marsh island, Palazzolo, Lucas, Penn Central, reasonable expectations, background principles

18.

Secession and Federalism in the United States: Tools for Managing Regional Conflict in a Pluralist Society

96 Oregon Law Review 123 (2017), FSU College of Law, Public Law Research Paper No. 806
Number of pages: 62 Posted: 07 May 2016 Last Revised: 17 Jan 2018
Erin Ryan
Florida State University, College of Law
Downloads 128 (219,319)

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secession, federalism, regional conflict, United States, American Revolution, U.S. Civil War, Texas v. Smith, dynamic federalism, multilevel governance, negotiated federalism, South Sudan, Scotland, Quebec, Catalonia, European Union, regional autonomy, national interdependence, Brexit

19.

Why Equal Protection Trumps Federalism in the Same-Sex Marriage Cases

Number of pages: 3 Posted: 01 Apr 2013 Last Revised: 10 Apr 2013
Erin Ryan
Florida State University, College of Law
Downloads 119 (231,632)

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federalism, equal protection, same sex marriage, gay marriage, marriage equality, gay rights, DOMA, Defense of Marriage Act, Prop 8, Hollingsworth, Perry, Windsor, state sovereignty, individual rights

20.

New Orleans, the Chesapeake, and the Future of Environmental Assessment: Overcoming the Natural Resources Law of Unintended Consequences

University of Richmond Law Review, Vol. 40, p. 981, 2006
Number of pages: 49 Posted: 17 Jul 2006
Erin Ryan
Florida State University, College of Law
Downloads 115 (237,605)

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wetlands, natural resource management, Chesapeake, New Orleans, Katrina, environmental assessment

21.

Environmental Federalism's Tug of War within

Concluding chapter in Kalyani Robbins, ed., THE LAW AND POLICY OF ENVIRONMENTAL FEDERALISM: A COMPARATIVE ANALYSIS (Edward Elgar, 2015)
Number of pages: 45 Posted: 03 Dec 2014 Last Revised: 04 Feb 2015
Erin Ryan
Florida State University, College of Law
Downloads 110 (245,176)
Citation 1

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environmental federalism, zero-sum federalism, negotiated federalism, cooperative federalism, intergovernmental bargaining, jurisdictional overlap, land use, climate change, energy law, air and water pollution, wetlands, nuclear, radioactive, fracking, conditional preemption, state implementation

22.

Environmental Law. Disrupted

Environmental Law Reporter, Forthcoming, Texas A&M University School of Law Legal Studies Research Paper No. 19-14
Number of pages: 25 Posted: 10 Jan 2019 Last Revised: 15 May 2019
Oregon State University, College of Business, University of California Hastings College of the Law, City University of New York - School of Law, Texas A&M University School of Law, University of Utah S.J. Quinney College of Law, Albany Law School, University of Houston Law Center, University of Colorado Law School, Pace Law School, University of Miami - School of Law, Lewis & Clark Law School, Drake University Law School, Oklahoma City University - School of Law, Vanderbilt University - Law School and Florida State University, College of Law
Downloads 109 (246,805)

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23.

Federalism, Regulatory Architecture, and the Clean Water Rule: Seeking Consensus on the Waters of the United States

46 Envtl. Law 277 (2016)., FSU College of Law, Public Law Research Paper No. 800
Number of pages: 36 Posted: 07 Apr 2016 Last Revised: 23 Aug 2016
Erin Ryan
Florida State University, College of Law
Downloads 108 (248,399)

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Clean Water Rule, Clean Water Act, wetlands, Waters of the United States, Supreme Court, Rapanos, federalism, jurisdiction, default rules, burden shifting, regulatory architecture

24.

Juliana v. United States: Debating the Fundamentals of the Fundamental Right to a Sustainable Climate

45 Fla. St. L. Rev. Online 1 (2018)
Number of pages: 41 Posted: 20 Jan 2019
Florida State University, College of Law, University of Oregon - School of Law, Lewis & Clark Law School, University of Missouri Kansas City School of Law and University of California, Davis - School of Law
Downloads 102 (258,429)

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Juliana vs. United States, Climate Change, Public Trust Doctrine, Atmospheric Trust Litigation, Fundamental Rights, Substantive Due Process, Unenmerated Rights, Separation of Powers, Common Pool Resources

25.

Spending Power Bargaining after Sebelius

Number of pages: 4 Posted: 29 Jul 2012
Erin Ryan
Florida State University, College of Law
Downloads 85 (290,551)
Citation 3

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26.

Negotiating Federalism Past the Zero Sum Game

Administrative and Regulatory Law News, Vol. 38, No. 1, Fall 2012, Lewis & Clark Law School Legal Studies Research Paper No. 2012-29
Number of pages: 8 Posted: 04 Nov 2012 Last Revised: 21 Nov 2012
Erin Ryan
Florida State University, College of Law
Downloads 84 (292,638)

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federalism, negotiation, intergovernmental bargaining, spending power, Sebelius, Affordable Care Act,

27.

Reporting on Palin: Negotiations in Political Theater

Harvard Negotiation Law Review Online, October 2008
Number of pages: 5 Posted: 05 Oct 2008 Last Revised: 13 Jul 2010
Erin Ryan
Florida State University, College of Law
Downloads 71 (322,720)

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Palin, campaign, press, media, negotiation, bargaining, anchoring, scarcity effect, politics

28.

Breathing Air with Heft: An Experiential Report on Environmental Law and Public Health in China

42 UC Davis Environs 195 (2018), FSU College of Law, Public Law Research Paper No. 838
Number of pages: 144 Posted: 05 Apr 2017 Last Revised: 11 Jan 2019
Erin Ryan
Florida State University, College of Law
Downloads 68 (330,373)

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environmental law, China, Chinese law, sustainable governance, water pollution, water management, air pollution, climate change, food law, consumer product safety, public lands, stewardship, environmental philosophy, Chinese culture, Chinese governance, Confucianism, cultural anthropology, Circular

29.

The Clean Power Plan, the Supreme Court's Stay, and Irreparable Harm

FSU College of Law, Public Law Research Paper No. 798
Number of pages: 5 Posted: 15 Apr 2016
Erin Ryan
Florida State University, College of Law
Downloads 66 (335,648)

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Clean Power Plan, Clean Air Act, climate change, greenhouse gas regulation, Supreme Court, energy policy, coal-fired power plants, renewables, separation of powers

30.

The Great American Gun Violence Lottery

The Huffington Post, December 2013, American Constitution Society, December 2013
Number of pages: 3 Posted: 18 Jan 2014
Erin Ryan
Florida State University, College of Law
Downloads 63 (343,819)

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Newtown shooting, Sandy Hook shooting, Clackamas Town Center shooting, gun violence, gun control, gun rights, gun culture, Constitutional law, Second Amendment, background checks, mental illness and guns, assault weapons, videogame violence, television violence, Shirley Jackson, The Lottery

31.

Negotiating Federalism and the Structural Constitution: Navigating the Separation of Powers Both Vertically and Horizontally (A Response to Aziz Huq)

Columbia Law Review Sidebar, Vol. 115, No. 4, 2015
Number of pages: 35 Posted: 06 May 2015
Erin Ryan
Florida State University, College of Law
Downloads 50 (383,459)
Citation 2

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negotiation, negotiated governance, constitutional structure, federalism, separation of powers, judicial role, legislative bargaining, executive capacity, inter-branch competition, intergovernmental bargaining, horizontal bargaining, constitutional ambiguity, judicial deference

32.

Multilevel Environmental Governance in the United States

Environmental Scientist, November 2016, FSU College of Law, Public Law Research Paper No. 842
Number of pages: 5 Posted: 18 May 2017
Erin Ryan
Florida State University, College of Law
Downloads 46 (397,189)

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33.

Fisheries without Courts: How Fishery Management Reveals Our Dynamic Separation of Powers

32 J. Land Use & Envtl. L. 430 (2017), FSU College of Law, Public Law Research Paper No. 843
Number of pages: 24 Posted: 19 May 2017 Last Revised: 22 Jul 2017
Erin Ryan
Florida State University, College of Law
Downloads 35 (439,368)

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Fisheries Management, Environmental Law, Fishery Conservation and Management Act, Magnuson-Stevens, Horizontal Separation of Powers, Executive Power, Administrative Governance, Dynamic Federalism, Negotiated Federalism, Stakeholder Representation, Public Choice Theory, Fishery Management Plan, MSY

34.

Negotiating Environmental Federalism: Dynamic Federalism as a Strategy for Good Governance

2017 Wisconsin Law Review 17 (2017)
Number of pages: 23 Posted: 23 Apr 2018
Erin Ryan
Florida State University, College of Law
Downloads 34 (443,511)
Citation 1

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federalism, negotiated federalism, multiscalar governance, intergovernmental bargaining, environmental law, administrative law, executive branch, jurisdictional overlap, Balanced Federalism, cooperative federalism, jurisdictional uncertainty, coordinated capacity, conditional preemption, general per

35.

The American Way: A Swing State Epiphany

Number of pages: 3 Posted: 16 Nov 2008 Last Revised: 23 Nov 2008
Erin Ryan
Florida State University, College of Law
Downloads 34 (443,511)

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election, swing state, American, Obama, McCain, neighbors, yard sign

36.

Federalism As Legal Pluralism

The Oxford Handbook on Global Legal Pluralism, Forthcoming
Number of pages: 38 Posted: 08 Feb 2019 Last Revised: 17 Apr 2019
Erin Ryan
Florida State University, College of Law
Downloads 33 (447,729)

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legal pluralism, constitutional pluralism, monism, statism, federalism, dual sovereignty, dynamic federalism, zero-sum model, zero-sum federalism, negotiated governance, dialogic process, negotiated rulemaking, European Union, United States

37.

Response to Heather Gerken's 'Federalism and Nationalism: Time for a Détente?'

Saint Louis University Law Journal, Vol. 59, 2015, FSU College of Law, Public Law Research Paper No. 804
Number of pages: 20 Posted: 25 Apr 2016
Erin Ryan
Florida State University, College of Law
Downloads 31 (456,817)

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Heather Gerken, Federalism, Nationalism, Dynamic Federalism, Environmental Federalism, Applied Federalism, Means-Ends, Process and Principle, Principal-Agent

38.

Beyond I-Got-Mine-Jack Health Care

The Virginian Pilot, p. 9, September 21, 2009 , Star Ledger, p. 13, September 22, 2009, American Constitution Society Blog at The William & Mary School of Law, September 23, 2009
Number of pages: 2 Posted: 02 Feb 2010
Erin Ryan
Florida State University, College of Law
Downloads 28 (471,206)

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health care system, health reform, health insurance, uninsured, health care bill

39.

Environmental Law after Sebelius: Will the Court's New Spending Power Limits Affect Environmental State-Federal Partnerships?

Number of pages: 20 Posted: 12 Aug 2014 Last Revised: 11 Aug 2016
Erin Ryan
Florida State University, College of Law
Downloads 24 (492,509)

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National Federation of Independent Businesses, Sebelius, spending power, intergovernmental bargaining, state-federal bargaining, federalism, environmental law, Clean Air Act, highway fund penalties, environmental federalism, Clean Water Act State Fund, Safe Drinking Water Act State Revolving Fund

40.

In Tribute to Judge James R. Browning: The Center of His Circle

73 Montana L. Rev. 14 (2012)
Number of pages: 3 Posted: 18 Jan 2014
Erin Ryan
Florida State University, College of Law
Downloads 21 (509,480)

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James R. Browning, Chief Judge Browning

41.

From Mono Lake to The Atmospheric Trust: Navigating the Public and Private Interests in Public Trust Resource Commons

10 Geo. Wash. J. Energy & Envtl. L. __ (2019)
Number of pages: 51 Posted: 10 May 2019
Erin Ryan
Florida State University, College of Law
Downloads 19 (520,989)

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public trust doctrine, Mono Lake, Los Angeles Aqueduct, National Audubon Society v. Superior Ct, prior appropriations, water allocation law, Owens Valley, atmospheric trust, Juliana vs. US, climate change, Scott River, groundwater, background principle, takings, public commons, sovereign constraint

42.

Memo to Environmentalists: Brace for the Three Ps

Number of pages: 5 Posted: 29 Jan 2019
Erin Ryan
Florida State University, College of Law
Downloads 10 (574,446)

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environmental law, deregulation, preemption, state law, cooperative federalism, property rights, takings clause, public commons, political scale, uniform state laws

43.

Environmentalists: Brace for Preemption, Propertization, and Problems of Political Scale

in ENVIRONMENTAL LAW, DISRUPTED (Jessica Owley & Keith Hirokawa, eds., ELI, 2020).
Number of pages: 30 Posted: 20 Jun 2019
Erin Ryan
Florida State University, College of Law
Downloads 9 (580,637)

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environmental law, deregulation, preemption, state law, cooperative federalism, property rights, takings, public commons, political scale, model sustainability code, uniform state laws, oil and gas leasing, water rights, Paris Climate Accord, sustainability

Other Papers (2)

Total Downloads: 46
1.

Breaking Ground on the New Green Deal

American Constitution Society Blog at William & Mary Law School, February 14, 2009 , Hampton Roads Partnership Blog, October 1, 2009
Number of pages: 2 Posted: 02 Feb 2010
Erin Ryan
Florida State University, College of Law
Downloads 38

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renewable energy, infrastructure, green jobs, economic stimulus, New Deal, smart grid, alternative fuels

2.

The Paper Tiger Gets Teeth: Developments in Chinese Environmental Law

Huffington Post, April 2014, Law.com Network, April 2014
Number of pages: 3 Posted: 12 Jun 2014
Erin Ryan
Florida State University, College of Law
Downloads 8

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China, environmental law, enforcement, penalties, Environmental Protection Law, amendments, pollution, public protest, rule of law, air pollution, water pollution, environmental assessment, local officials, joint liability