Law review articles

Myanna Dellinger has a razor-sharp legal mind, but she also is able to convey difficult subjects in ways that are easy to understand. That is very important for both legal scholars, but also for Superior Court judges. Here is a list of the articles that she has had published in esteemed law journals in her lifetime. Each law review article is a large undertaking, often taking months or even years to complete. Myanna is not afraid to say the right thing. Her articles have been cited by judges, legal scholars and judical practictioners over one hundred times.

Myanna Dellinger portrait

AB 1054: Electric Utility Wildfire Liability Reform in California, Vol. 49, No. 11, the Environmental Law Reporter (2019)

Winner of the Best Article of the Year   As climate change worsens, so does the risk of wildfires. This is especially so in already hot, dry areas such as the western United States. Adding to this problem is the ...
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Airline Bailouts and Climate Change Re-regulation

COVID-19 is wreaking havoc around the world and is likely to continue doing so for the foreseeable future. The virus virtually brought airline travel around the world to a standstill soon after it broke out. In the United States, the ...
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Post-Jesner Climate Change Litigation under the Alien Tort Statute, 44 Colum. J. Envtl. L. 395

Climate change is as vexing a problem as ever. Around the world, plaintiffs are taking steps to fight climate change through lawsuits against both governments and corporate entities, among other steps. At times, such lawsuits may seem somewhat tenuous, but ...
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See You in Court: Around the World in Eight Climate Change Lawsuits, 42 Wm. & Mary Envtl. L. & Pol’y Rev. 525

Climate change action is proving to be the political, diplomatic, and legal rollercoaster of our time. Just as the Paris Agreement got adopted by almost every single nation in the world and was hailed as the most promising international environmental ...
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Trophy Hunting–A Relic of the Past, 42 J. Envtl. L. & Litig. 525

It seems so obvious: you don't save rare animals by shooting them. Yet, trophy hunters stubbornly argue that this is just the case. They claim that their hunts help raise awareness about species extinction and that the money they pay ...
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Rethinking Force Majeure in Public International Law, 37 Pace L. Rev. 455

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken ...
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An “Act of God”?: Rethinking Contractual Impracticability in an Era of Anthropogenic Climate Change, 67 Hastings L. J. 1551

“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests ...
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Trophy Hunting Contracts—Unenforceable for Reasons of Public Policy, 41 Colum. J. Envtl. L. 395

In “trophy hunting” agreements, wealthy individuals, typically from the Global North, pay locals such as guides or landowners, typically in the Global South, to assist with the planned hunt of rare — if not outright threatened or endangered — species ...
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Rethinking Fuerza Mayor in a World of Anthropogenic Climate Change, 42 Derecho & Sociedad 45

This article addresses the question of whether extreme weather events should form the basis for individuals or even the States, may be exempted from complying with its legal obligations. The old, but still very viable institution of force majeure can ...
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Narrowed Constellations in a Supranational Climate Change Regime Complex: The “Magic Number” Is Three, 37 Fordham Int’l L.J. 373

The world needs a supranational-level solution to climate change within very few years. Nonetheless, much existing scholarship almost stubbornly continues to promote solutions that are still too broad to be viable within a realistic timeframe. This article breaks with these ...
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An Unstoppable Tide: Creating Environmental and Human Rights Law from the Bottom Up, 15 Or. Rev. Int’l L. 63

This article argues that bottom-up, polycentric developments within national and international environmental and human rights law present potent alternatives to traditional top-down solutions, especially in relation to problems that require urgent legal action such as climate change. The article does ...
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Localizing Climate Change Action, 14 Minn. J.L. Sci. & Tech. 603

Waiting for national- and supranational-level actors to reach a broadly based and substantively effective agreement on climate change mitigation is like waiting for Godot – unlikely to happen, at least at a substantively early enough point in time. The December ...
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Ten Years of the Aarhus Convention: How Procedural Democracy Is Paving the Way for Substantive Change in National and International Environmental Law, 23 Colo. J. Int’l Envtl. L. & Pol’y 309

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement ...
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Something Is Rotten in the State of Denmark: The Deprivation of Democratic Rights by Nation States Not Recognizing Dual Citizenship, 20 J. Transnat’l L. & Pol’y 41

People from nations not accepting dual citizenship risk being expatriated against their will if naturalizing in another country and thus do not apply for citizenship in their new host nations. Accordingly, these migrants live and work without the ability to ...
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From Jumping Frogs to Graffiti-Painted Walls: Legal Issues Caused by Mistranslation in International Commercial Arbitration, 7 Rutgers Conflict Resol. L.J. 1

In a world of global business and connectivity, the translation industry has become vital to today’s commercial players. Nonetheless, translation services are often considered fungible and thus not given much thought. This often leads to mistranslation and legal problems requiring ...
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Using Dogs for Emotional Support of Testifying Victims of Crime, 15 Animal L. 171

Across the country, courts and prosecutorial offices have begun to use dogs to assist victims of crimes who but for the demonstrated calming presence of a dog would be too emotionally distraught to give live testimony in trials against their ...
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