Now showing items 1-10 of 13
Overcoming obstacles to the effective implementation of international environmental agreements
Michael J. Kelly, Overcoming Obstacles to the Effective Implementation of International Environmental Agreements, 9 Geo. Int'l Envtl L. Rev. 447 (1997).
Since the 1970's, there has been an explosion of environmental treaties geared toward protecting the global commons and regulating international environmental issues. However, the obstacles to effectively implementing these ...
Environmental implications of the North American Free Trade Agreement
Michael J. Kelly, Comment, Environmental Implications of the North American Free Trade Agreement, 3 Ind. Int'l & Comp. L. Rev. 361 (1993).
This article urged the Clinton Administration not to negotatiate an environmental side accord to NAFTA, but rather to re-open NAFTA and include more stringent environmental protections in the trade treaty itself for fear ...
Conflicting trends in the flourishing international trade of art and antiquities: Restitutio in integrum and possessio animo ferundi/lucrandi
Michael J. Kelly, Conflicting Trends in the Flourishing International Trade of Art and Antiquities: Restitutio in Integrum and Possessio Animo Ferundi/Lucrandi, 14 Dick. J. Int'l L. 31 (1995).
This article studies the underlying economics driving the international black market in art and antiquities from the perspective of the looters who illegally excavate antiquities or steal art, the brokers who launder it, ...
Bringing a complaint under the NAFTA Environmental Side Accord: Difficult steps under a procedural paper tiger, but movement in the right direction
Michael J. Kelly, Bringing a Complaint Under the NAFTA Environmental Side Accord: Difficult Steps Under a Procedural Paper Tiger, But Movement in the Right Direction, 24 Pepp. L. Rev. 71 (1996).
The NAFTA Environmental Side Accord provides for environmental disputes to be negotiated and litigated among the NAFTA partners (U.S., Canada, and Mexico). The process for dispute settlement is cumbersome and political, ...
Electronic environmental permitting: Panacea or Pandora's box?
Joyce M. Martin & Michael J. Kelly, Electronic Environmental Permitting: Panacea or Pandora’s Box?, 23 B.C. Envtl Aff. L. Rev. 547 (1996).
This study evaluates the efficacy of state environmental regulatory agencies moving to wholly electronic environmental pollution permitting schemes - identifying pro's and con's and legal/policy implications for the regulated ...
Computer generated evidence as a witness beyond cross-examination
Michael J. Kelly, Computer Generated Evidence as a Witness Beyond Cross-Examination, 17 J. Prod. & Toxics Liab. 95 (1995).
The admission of computer simulations as evidence in civil trials has created the dilemma of how to cross-examine such testimony. Juries tend to believe what they see on television and videos, making it almost impossible ...
Teaching international environmental law -- Tools of the trade: A survey of materials
Michael J. Kelly, Teaching International Environmental Law -- Tools of the Trade: A Survey of Materials, 28 Stetson L. Rev. 1197 (1999) (book review essay).
This survey evaluates the available books, websites, and other material available to teach a graduate-level law course on International Environmental Law. It includes a 2-page flowchart created by the author to map the ...
Illusory nature of environmental protection in a Marxist-socialist polity: The case of Poland
Michael J. Kelly, The Illusory Nature of Environmental Protection in a Marxist-Socialist Polity: The Case of Poland, 32 Ind. L. Rev. 213 (1998) (reviewing Daniel H. Cole, Instituting Environmental Protection: From Red to Green in Poland (1998)).
This review favorably considers Professor Cole's analysis of Poland's environmental protection efforts following the fall of communism in Eastern Europe.
Political downsizing: The re-emerging of self-determination, and the movement toward smaller, ethnically homogenous states
Michael J. Kelly, Political Downsizing: The Re-Emergence of Self-Determination, and the Movement Toward Smaller, Ethnically Homogenous States, 47 Drake L. Rev. 209 (1999).
The end of the Cold War brought about the third wave of nation-state creation/dissolution similar to that experienced after the First World War and the decolonization period of the mid-20th Century. This paper examines the ...
Skeleton in the legal closet: The discovery of "Kennewick Man" crystalizes the debate over federal law governing disposal of ancient human remains
Michael J. Kelly, A Skeleton in the Legal Closet: The Discovery of “Kennewick Man” Crystalizes the Debate over Federal Law Governing Disposal of Ancient Human Remains, 21 U. Haw. L. Rev. 42 (1999).
When a 9,000 year-old Causasoid skeleton dubbed "Kennewick Man" was discovered in the Pacific Northwest in 1996, scientists began to research why such a person was in that geographic area when people of that morphology ...