Vape Away: Why a Minimalist Regulatory Structure is the Best Option for FDA E-Cigarette Regulation

Nick Dantonio

People smoke to get a buzz. Plain and simple. Every time a person decides to smoke a cigarette they make a personal costbenefit decision. The benefits of smoking often include improved concentration and mood as well as providing sedative and euphoric effects. On the other hand, the costs of smoking traditional, combustible cigarettes are quite high. The adverse effects of smoking combustible cigarettes have become common knowledge over the past fifty years, beginning with the required warnings on cigarette packs in the 1960s, as countless studies have affirmed the link between cigarette smoking and a seemingly endless list of negative health effects.

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America’s (Not So) Golden Door: Advocating for Awarding Full Workplace Injury Recovery to Undocumented Workers

Paul Holdsworth

Long before President John F. Kennedy famously proclaimed the United States of America a “nation of immigrants,” the Statue of Liberty stood above New York Harbor as a beacon of our nation’s historically rich immigrant background. Since 1886, Lady Liberty has triumphantly posed as a proud symbol of freedom, refuge, and opportunity. At the base of her iconic pose, Emma Lazarus’ immortal poem poignantly calls for the world’s tired and poor, and exhorts them to enter by the “golden door.” Americana symbolism aside, this exhortation has proven quite paradoxical. Immigration has provided our country with unquestionable cultural richness, yet, at times, the country’s treatment of immigrants has contradicted fundamental notions of fairness and decency.


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Curtailment First: Why Climate Change and the Energy Industry Suggest a New Allocation Paradigm Is Needed for Water Utilized in Hydraulic Fracturing

Victor Flatt *

Heather Payne **

Water, always necessary, is becoming less available. The Organization for Economic Cooperation and Development (“OECD”) predicts water use will increase by 55% between 2000 and 2050, and that by 2050, over 40% of the world’s population “will live in river basins under severe water stress.”[1] Climate change is making this worse. Approximately 486 million people will be exposed to water scarcity or aggravated scarcity even if the average global temperature rise is limited to 2°C.[2] If temperatures rise further, the numbers increase.[3] Looking at food production globally, a quarter of croplands lack adequate water, and 56% of irrigated land is under high to extremely high water stress.[4]

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*     Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law, and Director, Center for Law, Environment, Adaptation, and Resources (CLEAR) at the University of North Carolina School of Law.

**     Fellow, Center for Law, Environment, Adaptation, and Resources (CLEAR) at the University of North Carolina School of Law.

        [1].    OECD, Why Does Water Security Matter?, in Water Security for Better Lives 15 (2013), available at 02405-en.

        [2].    Dieter Gerten et al., Asynchronous Exposure to Global Warming: Freshwater Resources and Terrestrial Ecosystems, 8 Envtl. Res. Letters 034032, at 4 (2013), available at Another report has found that this level of temperature rise will increase the world’s population living under absolute water scarcity by an additional 40%. Jacob Schewe et al., Multimodel Assessment of Water Scarcity Under Climate Change, Proc. Nat’l Acad. Sci. 1 (early online ed. 2013), available at full.pdf.

        [3].    Gerten et al., supra note 2, at 4.

        [4].    Francis Gassert, One-Quarter of World’s Agriculture Grows in Highly Water-Stressed Areas, World Res. Inst. Blog (Oct. 31, 2013),’s-agriculture-grows-highly-water-stressed-areas.

Hydraulic Fracturing and the Baseline Testing of Groundwater

Keith B. Hall *

Hydraulic fracturing is a process that often is used to stimulate the production of oil and natural gas from low permeability formations. The process is controversial. Some people passionately support the use of hydraulic fracturing, while others fervently oppose it. Much of the controversy arises from the fact that many people fear that hydraulic fracturing might cause contamination of underground sources of drinking water. In part, the public debate and disagreement regarding hydraulic fracturing is fueled by competing opinions regarding how society should balance the tradeoffs between economic development and environmental protection. But this is only part of the disagreement.

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*  Campanile Charities Professor of Energy Law and Director of the Louisiana Mineral Law Institute. J.D., 1996, Loyola University School of Law; B.S., Chemical Engineering, 1985, Louisiana State University.


Reconciling Energy and Food Security

Rhett B. Larson *

Achieving food security and energy security are two primary policy aims of international and domestic law. Ironically, the pursuit of energy security can often frustrate efforts to achieve food security. Energy security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable energy.[1] Food security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable food.[2] These two objectives often collide in the area of agricultural water management. It is in that realm that, frustratingly, the goal of achieving food security most frequently comes into conflict with the ambition to achieve energy security.

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* Associate Professor of Law, The University of Oklahoma College of Law. M.Sc., 2011, Oxford University; J.D., 2005, The University of Chicago Law School; B.A., 2002, Brigham Young University. This article is written as part of the 2013 Allen Chair Symposium on the Energy-Water Nexus, hosted by the University of Richmond School of Law. My thanks go to Karen Bradshaw Schulz, Emily Hammond, Troy Rule, Dan Tarlock, David Grey, Patricia Wouters, and the panelists, presenters, moderators, participants, and organizers of the 2013 Allen Chair Symposium.

        [1].    Barry Barton et al., Introduction to Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment 5 (Barry Barton et al. eds., 2004); see Wen-chen Shih, Energy Security, GATT/WTO, and Regional Agreements, 49 Nat. Resources J. 433, 436 (2009) (citing U.N. Dev. Programme, U.N. Dep’t of Econ. & Soc. Aff., World Energy Council, World Energy Assessment: Overview 2004 Update, at 42, U.N. Sales No. E.04.III.B.6 (2004), available at laws/publication/en/publications/environment-energy/www-ee-library/sustainable-energy/ world-energy-assessment-overview-2004-update/World%20Energy%20Assessment%20Ov erview-2004%20Update.pdf).

        [2].    See, e.g., Special Session of the Committee on Agriculture, Negotiations on WTO Agreement on Agriculture: Proposals by India in the Areas of (i) Food Security, (ii) Market Access, (iii) Domestic Support, and (iv) Export Competition, ¶ 1, G/AG/NG/W/102 (Jan. 15, 2001), available at G/AG/NGW102.pdf.


Oil and Gas and Floods

Justin Pidot *

On March 24, 1989, the Exxon Valdez oil tanker ran aground on Bligh Reef.[1] Over the next five hours, the incapacitated vessel spilled more than ten million gallons of crude oil into Alaska’s Prince William Sound, and some of that oil remains in the environment to this day.[2]

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* Assistant Professor, University of Denver Sturm College of Law. I would like to thank Amanda Leiter, Nancy Leong, Lisa Grow Sun, and Annecoos Wiersema for their help with this article and the University of Richmond Law Review for inviting me to participate in the 2013 Allen Chair Symposium.

        [1].    Stephen Raucher, Raising the Stakes for Environmental Polluters: The Exxon Valdez Criminal Prosecution, 19 Ecology L.Q. 147, 147 (1992).

        [2].    Amy J. Wildermuth, The Legacy of the Exxon Valdez: How Do We Stop the Crisis?, 7 U. St. Thomas L.J. 130, 130 (2009).


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