| Author | Title | Citation | Summary | Year |
| Elizabeth Ann Kronk Warner |
ENVIRONMENTAL JUSTICE: A NECESSARY LENS TO EFFECTIVELY VIEW ENVIRONMENTAL THREATS TO IndigenOUS SURVIVAL |
26 Transnational Law & Contemporary Problems 343 (Summer, 2017) |
I. Introduction. 343 II. Environmental Justice and Indigenous Communities. 344 A. Tribal Sovereignty. 346 B. Federal Trust Relationship with Native Nations. 348 C. Unique Tribal Connection to the Land and Environment. 350 D. International Considerations. 351 III. Case Study: Protest of the Dakota Access Pipeline. 355 IV. Case Study: Negative... |
2017 |
| Carmen G. Gonzalez |
ENVIRONMENTAL RACISM, AMERICAN EXCEPTIONALISM, AND COLD WAR HUMAN RIGHTS |
26 Transnational Law & Contemporary Problems 281 (Summer, 2017) |
I. International Law in U.S. Courts Before World War II. 285 II. Cold War Human Rights. 288 A. International Human Rights at the United Nations: The U.N. Human Rights Petitions. 290 B. International Human Rights Law in the United States. 294 III. The Mossville Case Study. 298 A. U.S. Environmental and Antidiscrimination Law. 301 B. The Mossville... |
2017 |
| Jin Hyung Lee |
ESTABLISHING APPLICABLE WATER QUALITY STANDARDS FOR SURFACE WATERS ON Indian RESERVATIONS |
66 Emory Law Journal 965 (2017) |
The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... |
2017 |
| Tracy-Lynn Humby |
EVALUATING THE VALUE OF TWAIL, ENVIRONMENTAL JUSTICE, AND DECOLONIZATION DISCOURSES AS FRAMING LENSES FOR INTERNationAL ENVIRONMENTAL LAW |
26 Transnational Law & Contemporary Problems 317 (Summer, 2017) |
Third World Approaches to International Law (TWAIL) and environmental justice have been used as lenses to critique and reform international law and international environmental law. This contribution examines the analytical value of these framing lenses alongside the value of the discourse of decolonization and Fallism associated with South... |
2017 |
| Uma Outka |
FAIRNESS IN THE LOW-CARBON SHIFT: LEARNING FROM ENVIRONMENTAL JUSTICE |
82 Brooklyn Law Review 789 (Winter, 2017) |
The environmental justice movement in the United States forged a pivotal connection among concerns for social justice, civil rights, and environmental protection. At a time when the federal environmental statutes enacted in the early 1970s were beginning to mature, the movement drew critical attention to the disproportionate environmental harm... |
2017 |
| Clifford J. Villa |
FIGHTING FOR ENVIRONMENTAL JUSTICE: THE LIFE AND WORK OF PROFESSOR EILEEN GAUNA |
57 Natural Resources Journal 519 (Summer, 2017) |
Among the many fans of Emerita Professor Eileen Gauna, I probably have one of the thinnest claims to the honor of composing this tribute, having only spent one year with Professor Gauna before her official retirement from the University of New Mexico (UNM) law faculty in 2016. And yet, I would not be here on the UNM law faculty were it not for... |
2017 |
| R. Shea Diaz |
GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE: EVALUATING CLAIMS, CAUSES, AND SOLUTIONS |
29 Georgetown Environmental Law Review 767 (Summer, 2017) |
The Environmental Justice (EJ) Movement fights to remedy the disproportionate toxic exposure experienced by low-income and minority communities. This Note investigates three questions arising from the EJ Movement's basic claim: (I) What empirical research, if any, evidences environmental injustice; (II) What causal theories are most supported by... |
2017 |
| Hope Babcock |
HERE TODAY, GONE TOMORROW--IS GLOBAL CLIMATE CHANGE ANOTHER WHITE MAN'S TRICK TO GET Indian LAND? THE ROLE OF TREATIES IN PROTECTING TribES AS THEY ADAPT TO CLIMATE CHANGE |
2017 Michigan State Law Review 371 (2017) |
Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... |
2017 |
| Dr. Waseem Ahmad Qureshi |
INDUS WATERS TREATY: AN IMPEDIMENT TO THE Indian HYDRO-HEGEMONY |
46 Denver Journal of International Law and Policy 45 (Fall, 2017) |
Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... |
2017 |
| Carmen G. Gonzalez , Sumudu Atapattu |
INTERNationAL ENVIRONMENTAL LAW, ENVIRONMENTAL JUSTICE, AND THE GLOBAL SOUTH |
26 Transnational Law & Contemporary Problems 229 (Summer, 2017) |
On October 28, 2016, the student editors of the Journal of Transnational Law & Contemporary Problems (TLCP) hosted a symposium to honor the late Professor Burns Weston, to celebrate the publication of International Environmental Law and the Global South, and to use the book as the foundation for further scholarly inquiry. The symposium featured... |
2017 |
| Benjamin F. Wilson |
IT'S NOT "JUST" ZONING: ENVIRONMENTAL JUSTICE AND LAND USE |
49 Urban Lawyer 717 (Fall, 2017) |
Environmental justice issues receive national attention on a regular basis. Today, many law schools have entire courses and even environmental law clinics dedicated to environmental justice, and academics, practitioners, and government agencies devote resources and attention to addressing the issue. Several law schools, including Vermont Law... |
2017 |
| Alyssa Titche |
LAND GRABS & FOOD SECURITY: THE INTERNationAL COMMUNITY SHOULD ADOPT A CODE OF CONDUCT TO PROTECT LOCAL COMMUNITIES AND IMPROVE GLOBAL FOOD SECURITY |
7 UC Irvine Law Review 473 (June, 2017) |
Land acquisition by foreign countries and corporations has increased since the 2008 economic crisis. If land grabs continue at the current pace and with the same disregard to local host country populations, the food security of host countries will be put at great risk. In order to prevent future land grabs and make land grabs that do occur more... |
2017 |
| Steven J. Eagle |
LAND USE REGULATION AND GOOD INTENTIONS |
33 Journal of Land Use & Environmental Law 87 (Fall, 2017) |
This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a... |
2017 |
| Lorenzo Cotula |
LAND, PROPERTY AND SOVEREIGNTY IN INTERNationAL LAW |
25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) |
220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... |
2017 |
| Patrice L. Simms |
LEVERAGING SUPPLEMENTAL ENVIRONMENTAL PROJECTS: TOWARD AN INTEGRATED STRATEGY FOR EMPOWERING ENVIRONMENTAL JUSTICE COMMUNITIES |
47 Environmental Law Reporter News & Analysis 10511 (June, 2017) |
Environmental justice communities are especially disadvantaged when it comes to direct community intervention in matters critical to their well-being. Opportunities may exist, however, to institutionalize resources for those communities' benefit. In particular, environmental enforcement actions could prove a reliable and effective conduit to access... |
2017 |
| K.A. McConnell |
LIMITS OF AMERICAN FARM BUREAU FEDERATION v. EPA AND THE CLEAN WATER ACT'S TMDL PROVISION IN THE MISSISSIPPI RIVER BASIN |
44 Ecology Law Quarterly 469 (2017) |
Under the Clean Water Act, a troubling regulatory gap exists wherein the federal government is unable to directly regulate diffuse sources of water pollution in interstate waters. This gap has left many of the nation's most important watersheds flooded with nutrient pollution from agricultural runoff, contrary to the purpose of the statute. Working... |
2017 |
| Azadeh Shahshahani , Kathryn Madison |
NO PAPERS? YOU CAN'T HAVE WATER: A CRITIQUE OF LOCALITIES' DENIAL OF UTILITIES TO UNDOCUMENTED IMMIGRANTS |
31 Emory International Law Review 505 (2017) |
Access to utility services is a crucial part of a person's ability to live and make a home in a particular place. For those who are denied service by the local agency or company that provides public utilities--like electricity and water--there are very few ways to achieve a decent and dignified life in that locality. Even in the twenty-first... |
2017 |
| Erin Yerke |
PERSONALIZING POLLUTION AND LANDSCAPE DESTRUCTION: HOW NATIVE AMERICAN AND INTERNationAL PERSPECTIVES SHOULD BE INTEGRATED INTO FEDERAL ENVIRONMENTAL POLICY |
19 Rutgers Journal of Law & Religion 73 (Fall, 2017) |
Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hallowed by some sad or happy event in days long vanished. Even the rocks, which seem to be dumb and dead as they swelter in the sun along the silent shore, thrill with memories of stirring events connected with lives of... |
2017 |
| James Johnson, Class of 2018, University of New Mexico School of Law |
PLASTIC WATER: THE SOCIAL AND MATERIAL LIFE OF BOTTLED WATER BY GAY HAWKINS, EMILY POTTER, AND KANE RACE (MIT PRESS; 260 PAGES; 2015) |
57 Natural Resources Journal 321 (Winter, 2017) |
On January 26, 2016, during the height of public awareness surrounding the Flint, Michigan water crisis, Walmart, Coca-Cola, Nestlé, and PepsiCo pledged to meet the daily needs of over 10,000 school children for the balance of the calendar year by donating up to 6.5 million bottles of water [to] help with relief efforts. In the face of a... |
2017 |
| Brie D. Sherwin |
PRIDE AND PREJUDICE AND ADMINISTRATIVE ZOMBIES: HOW ECONOMIC WOES, OUTDATED ENVIRONMENTAL REGULATIONS, AND STATE EXCEPTIONALISM FAILED FLINT, MICHIGAN |
88 University of Colorado Law Review 653 (Summer, 2017) |
It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with... |
2017 |
| David M. Ong |
PROSPECTS FOR TRANSITIONAL ENVIRONMENTAL JUSTICE IN THE SOCIO-ECONOMIC RECONSTRUCTION OF KOSOVO |
30 Tulane Environmental Law Journal 217 (Summer, 2017) |
Environmental justice is arguably a neglected aspect in the pursuit of transitional justice within post-conflict societies. The international and European institutional and legal frameworks that are currently applicable within Kosovo present a suitable backdrop against which to examine the different legal pathways towards providing for... |
2017 |
| Tess Godhardt |
RECONCILING THE HISTORY OF THE HANGMAN'S NOOSE AND ITS SEVERITY WITHIN HOSTILE WORK ENVIRONMENT CLAIMS |
51 John Marshall Law Review 137 (Fall, 2017) |
I. Introduction. 137 II. Background. 139 A. The History of the Noose. 139 1. Lynching During the Reconstruction Era. 140 2. Lynching from the Years 1880 to 1930. 141 B. Prevalence of the Noose Today. 143 1. Congressional Efforts Concerning the Hangman's Noose. 145 2. Judicial Decisions Involving the Hangman's Noose. 145 C. Title VII of the Civil... |
2017 |
| Daniel C. Esty |
RED LIGHTS TO GREEN LIGHTS: FROM 20TH CENTURY ENVIRONMENTAL REGULATION TO 21ST CENTURY SUSTAINABILITY |
47 Environmental Law 1 (Winter, 2017) |
Twentieth century environmental protection delivered significant improvements in America's air and water quality and led companies to manage their waste, use of toxic substances, and other environmental impacts with much greater care. But the pace of environmental progress has slowed as the limits of the command-and-control regulatory model have... |
2017 |
| Jonathan Lovvorn |
SPECIAL PREVIEW: CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION |
29 Georgetown Environmental Law Review Online 1 (February 3, 2017) |
C1-2Table of Contents Introduction. 1 I. The Basic Science of Climate Change. 11 II. The Tenuous Legal Framework for Climate Change Emissions. 14 III. The Intersectional and Discriminatory Impacts of Climate Change. 20 A. Poverty, Public Health, and Climate Change. 23 B. Race and Climate Change. 29 C. Women and Climate Change. 34 D. Children and... |
2017 |
| Brian W. Jewett , Heather E. Campbell |
SUCCESSES AND FAILURES OF FEDERAL ENVIRONMENTAL POLICY: REVIEWING FEDERAL ECOSYSTEM MANAGEMENT AND FEDERAL APPROACHES TO ENVIRONMENTAL JUSTICE |
52 Tulsa Law Review 427 (Spring, 2017) |
James R. Skillen, Federal Ecosystem Management: Its Rise, Fall, and Afterlife (University Press of Kansas 2015). Pp. 272. Hardcover $45.00.. David M. Konisky, ed., Failed Promises: Evaluating the Federal Government's Response to Environmental Justice (The MIT Press 2015). Pp. 296. Hardcover $53.00. Paperback $30.00.. The 1970s was a watershed... |
2017 |
| Deepa Badrinarayana |
THE "RIGHT" RIGHT TO ENVIRONMENTAL PROTECTION: WHAT WE CAN DISCERN FROM THE AMERICAN AND Indian CONSTITUTIONAL EXPERIENCE |
43 Brooklyn Journal of International Law 75 (2017) |
Introduction. 76 I. Environmental Protection and the U.S. Constitution. 83 A. Understanding the Environmental Justice Problem. 83 B. Constitutional Law and Environmental Justice. 86 II. Environmental Protection and the Indian Constitution. 96 A. Constitutional Law and Environmental Protection in India. 97 1. The Supreme Court's Interpretation of... |
2017 |
| Elana Ramos |
THE DANGERS OF WATER PRIVATIZATION: AN EXPLORATION OF THE DISCRIMINATORY PRACTICES OF PRIVATE WATER COMPANIES |
7 Barry University Environmental and Earth Law Journal 188 (2017) |
In a rural Midwestern hospital, a mother and father closely watch their three-month premature son; his parents watch in horror as the infant is resuscitated and kept alive by the help of a machine. The little boy makes it home, but not without a heart monitor and a lifetime of concerning health issues. Down the hall is a disabled mother who... |
2017 |
| David M. Driesen |
THE ENDS AND MEANS OF POLLUTION CONTROL: TOWARD A POSITIVE THEORY OF ENVIRONMENTAL LAW |
2017 Utah Law Review 57 (2017) |
C1-2Table of Contents Introduction. 58 I. Environmental Law's Ends. 64 A. Protecting Public Health and the Environment: Effects-Based Standards. 66 1. Examples. 66 2. Analytical Features. 68 3. Normative Underpinning. 71 B. Maximizing Feasible Reductions: Technology-Based Standards.. 71 1. Examples. 71 2. Analytical Features. 72 3. Normative... |
2017 |
| Itzchak Kornfeld |
THE IMPACT OF CLIMATE CHANGE ON AMERICAN AND CANADIAN IndigenOUS PEOPLES AND THEIR WATER RESOURCES |
47 Environmental Law Reporter News & Analysis 10245 (March, 2017) |
Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities. This Article, adapted from Chapter 10 of Climate Justice: Case Studies in... |
2017 |
| Erica L. Sieg |
THE LAND OF THE FREE?: THE ALLOW ACT AND ECONOMIC LIBERTY FROM OCCUPATIONAL LICENSING |
24 Washington and Lee Journal of Civil Rights and Social Justice 261 (Fall, 2017) |
C1-2Table of Contents I. Introduction. 261 II. Occupational Regulation: Classification, History, Benefits, and Repercussions. 266 A. What is Occupational Licensing?. 268 B. Origins of Occupational Licensing. 274 C. The History of Free Market Theory and Occupational Licensing's Influences. 277 D. Who Feels the Effects of Occupational Licensing?. 280... |
2017 |
| Joseph Patterson |
THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH AND CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION |
92 Notre Dame Law Review Online 140 (2017) |
Four days following his inauguration, President Donald Trump signed an executive order expedit[ing] the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline. This executive order sparked new rounds of protests by the Standing Rock Sioux Tribe, the Oglala Sioux Tribe, and environmentalists, who opposed the construction of the... |
2017 |
| Jonathan Zasloff |
THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT |
48 Columbia Human Rights Law Review 98 (Spring, 2017) |
Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... |
2017 |
| Peter M. Mansfield |
THE RETALIATORY HOSTILE WORK ENVIRONMENT |
64-JUN Federal Lawyer 46 (June, 2017) |
The retaliatory hostile work environment is a hybrid claim drawing upon Supreme Court precedent analyzing separate provisions of Title VII of the Civil Rights Act of 1964. Despite the high volume of Title VII litigation, confusion persists in federal courts regarding the proper standard to apply to this claim. As outlined below, the courts'... |
2017 |
| Pearl Kan, William Parkin |
THE STRUGGLE CONTINUES: ENVIRONMENTAL JUSTICE DURING CHANGING TIMES |
48 No. 5 ABA Trends 15 (May/June, 2017) |
On March 8, 2017, long-time senior environmental justice advisor to the U.S. Environmental Protection Agency (EPA), Mustafa Santiago Ali, tendered his resignation to the recently appointed EPA administrator, Scott Pruitt. On the heels of Mr. Ali's resignation, President Trump released his budget blueprint, which called for reducing the EPA's budget... |
2017 |
| Tracey Meares |
THIS LAND IS MY LAND?: VAGRANT Nation. BY RISA GOLUBOFF. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2016. PP. VII, 471. $29.95 |
130 Harvard Law Review 1877 (May, 2017) |
Almost twenty years ago, I wrote in a piece with Professor Dan Kahan that one of the central features of modern criminal procedure was its unrelenting hostility toward institutionalized racism. Specifically, we argued that the Supreme Court in a series of cases such as Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright, and Papachristou v. City... |
2017 |
| Marianne Engelman Lado |
TOWARD CIVIL RIGHTS ENFORCEMENT IN THE ENVIRONMENTAL JUSTICE CONTEXT: STEP ONE: ACKNOWLEDGING THE PROBLEM |
29 Fordham Environmental Law Review 1 (Symposium, 2017) |
In 2016, the Flint Water Advisory Task Force, a group appointed by Governor Rick Snyder to review the contamination of drinking water in Flint, Michigan, reached the inescapable conclusion that the Flint water crisis was a case of environmental justice. The Task Force reported, Flint residents, who are majority Black or African American and... |
2017 |
| Jeff Todd |
TRADE TREATIES, CITIZEN SUBMISSIONS, AND ENVIRONMENTAL JUSTICE |
44 Ecology Law Quarterly 89 (2017) |
The history of the U.S. environmental justice movement reveals that successful campaigns are seldom waged solely through litigation. Instead, communities have employed litigation and administrative actions as part of a broader grassroots struggle to achieve short- and long-term change. Even when not successful on the merits, such actions can... |
2017 |
| David E. Adelman , Graeme W. Austin |
TRADEMARKS AND PRIVATE ENVIRONMENTAL GOVERNANCE |
93 Notre Dame Law Review 709 (December, 2017) |
This Article examines the relationship between private environmental governance and trademark law. Over the past two decades, green trademarks and other forms of private governance have flourished in tandem with the retreat from national and international public law modalities of environmental regulation. The rising political opposition to... |
2017 |
| Raymond Cross |
TribES AS RICH NationS |
38 Public Land & Resources Law Review 117 (2017) |
I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149... |
2017 |
| Rhett Larson, Brian Payne |
UNCLOUDING ARIZONA'S WATER FUTURE |
49 Arizona State Law Journal 465 (Summer, 2017) |
A cloud hangs over the future of Arizona's water. The cloud has hung low and heavy for over forty years. The cloud is the ongoing adjudication of water rights in Arizona's courts, where the priority, amount, and use of virtually all non-Colorado River water in Arizona remain in dispute. Arizona's general stream adjudications cost the state, cities,... |
2017 |
| Leah H. Kim |
UNREASONABLE DISCRIMINation AGAINST AIR TRAVEL PASSENGERS |
54 Washington University Journal of Law & Policy 275 (2017) |
The United States has implemented numerous fundamental changes in its policies to build greater national security in response to the events of September 11, 2001. Observing many changes and implementations, no aspect has been more drastically impacted than air travel. However, the greater change has come from individuals' perceptions of outsiders... |
2017 |
| Claire Glenn |
UPHOLDING CIVIL RIGHTS IN ENVIRONMENTAL LAW: THE CASE FOR EX ANTE TITLE VI REGULATION AND ENFORCEMENT |
41 New York University Review of Law and Social Change 45 (2017) |
In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement. The old model is a poor fit for today's reality. Nowhere is this truth more... |
2017 |
| Rhett B. Larson |
WATER SECURITY |
112 Northwestern University Law Review 139 (2017) |
Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic... |
2017 |
| Catherine Danley |
WATER WARS: SOLVING INTERSTATE WATER DISPUTES THROUGH CONCURRENT FEDERAL JURISDICTION |
47 Environmental Law Reporter News & Analysis 10980 (November, 2017) |
As climate change shifts precipitation patterns, warms seasonal temperatures, and causes severe droughts, the value of and demand for water rises. Consequently, competition for water resources is likely to increase among the states and lead to more Supreme Court original jurisdiction cases over water disputes than ever before. While the Court holds... |
2017 |
| Jonathon Lubrano |
WATER, LEAD, AND ENVIRONMENTAL JUSTICE: EASING THE FLINT WATER CRISIS WITH A PUBLIC WATER CONTAMINation LIABILITY FUND |
42 William and Mary Environmental Law and Policy Review 331 (Fall, 2017) |
On April 25, 2014, the city of Flint, Michigan switched water sources from the Detroit Water and Sewage Department to the Flint River. By the next month, residents were already complaining about color and smell. It wasn't until August 2014, four months after the switch, that high levels of dangerous bacteria were detected, requiring residents to... |
2017 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
46 Real Estate Law Journal 447 (Winter 2017) |
Historically, municipal zoning codes have made housing more expensive by restricting housing supply, thus excluding low-income households from many neighborhoods. Political progressives once opposed such exclusionary zoning. But some progressives now argue that new housing may displace the poor by encouraging gentrification, and thus favor more... |
2017 |
| Nicholas J. Schroeck |
A CHANGING ENVIRONMENT IN CHINA: THE RIPE OPPORTUNITY FOR ENVIRONMENTAL LAW CLINICS TO INCREASE PUBLIC PARTICIPATION AND TO SHAPE LAW AND POLICY |
18 Vermont Journal of Environmental Law 1 (Fall, 2016) |
Introduction. 1 I. Environmental Pollution and Fundamental Changes to Chinese Environmental Law. 2 China's Revised Environmental Protection Law. 3 II. Environmental Policy and the Essential Role of Environmental Law Clinics. 5 United States Environmental Law Clinics Working for Environmental Justice. 8 III. United States Environmental Law Clinics... |
2016 |
| Sharmila L. Murthy |
A NEW CONSTITUTIVE COMMITMENT TO WATER |
36 Boston College Journal of Law & Social Justice 159 (2016) |
Cass Sunstein coined the term constitutive commitment to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed... |
2016 |
| D. Kapua‘ala Sproat |
AN IndigenOUS PEOPLE'S RIGHT TO ENVIRONMENTAL SELF-DETERMINation: NATIVE HAWAIIANS AND THE STRUGGLE AGAINST CLIMATE CHANGE DEVASTATION |
35 Stanford Environmental Law Journal 157 (June, 2016) |
I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... |
2016 |
| Kevin C. Foy |
BALANCING MULTIPLE GOALS AT THE LOCAL LEVEL: WATER QUALITY, WATER EQUITY, AND WATER CONSERVATION |
26 Duke Environmental Law and Policy Forum 241 (Spring, 2016) |
Water is essential to life, but that is not what makes it unique. Water is unique for a variety of reasons, including its physical and chemical structure, as well as its geographic distribution throughout the earth. Water can also take many forms. Sometimes it falls from the sky, sometimes it is deep underground, sometimes it is a placid lake, and... |
2016 |