| Author | Title | Citation | Summary | Year |
| 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 |
| Tom I. Romero, II |
BRIDGING THE CONFLUENCE OF WATER AND IMMIGRATION LAW |
48 Texas Tech Law Review 779 (Summer, 2016) |
I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 |
2016 |
| Jonathan Lovvorn |
CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION |
29 Georgetown Environmental Law Review 1 (Fall, 2016) |
C1-3Table of Contents L1-2Introduction . R31. I. The Basic Science of Climate Change. 9 II. The Tenuous Legal Framework for Climate Change Emissions. 11 III. The Intersectional and Discriminatory Impacts of Climate Change. 17 A. Poverty, Public Health, and Climate Change. 19 B. Race and Climate Change. 24 C. Women and Climate Change. 29 D. Children... |
2016 |
| Giovanna Gismondi |
DENIAL OF JUSTICE: THE LATEST IndigenOUS LAND DISPUTES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AND THE NEED FOR AN EXPANSIVE INTERPRETATION OF PROTOCOL 1 |
18 Yale Human Rights and Development Law Journal 1 (2016) |
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... |
2016 |
| Elizabeth Jones |
DRINKING WATER IN CALIFORNIA SCHOOLS: AN ASSESSMENT OF THE PROBLEMS, OBSTACLES, AND POSSIBLE SOLUTIONS |
35 Stanford Environmental Law Journal 251 (June, 2016) |
In the last several years, hundreds of schools across California have been forced to restrict students' access to drinking water due to lead, nitrate, arsenic, and other serious contaminants. News reports and water quality databases indicate that problems are especially significant in schools in low-income communities of color--where many children... |
2016 |
| Suzi Ruhl, Jonathan Ostar |
ENVIRONMENTAL JUSTICE |
33 No. 3 GPSolo 42 (May/June, 2016) |
Over the past 50 years, the United States has made great strides in protecting the environment and public health while also ensuring fair treatment under the law. Environmental laws and regulations generally require increased scrutiny and consideration of environmental and health impacts in environmental decision making, while civil rights laws and... |
2016 |
| Catherine Millas Kaiman |
ENVIRONMENTAL JUSTICE AND COMMUNITY-BASED REPARATIONS |
39 Seattle University Law Review 1327 (Summer, 2016) |
C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... |
2016 |
| Tyler Kennedy |
EXPANDING JURISDICTION: INCREASING TribAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND |
15 Seattle Journal for Social Justice 465 (Fall, 2016) |
The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... |
2016 |
| Jessica Scott |
FROM ENVIRONMENTAL RIGHTS TO ENVIRONMENTAL RULE OF LAW: A PROPOSAL FOR BETTER ENVIRONMENTAL OUTCOMES |
6 Michigan Journal of Environmental & Administrative Law 203 (Fall, 2016) |
[L]egal recognition of a right is useless if it cannot be translated into a victory in the field. With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special... |
2016 |
| Francesco Francioni |
FROM RIO TO PARIS: WHAT IS LEFT OF THE 1992 DECLARATION ON ENVIRONMENT AND DEVELOPMENT? |
11 Intercultural Human Rights Law Review 15 (2016) |
This paper has a dubitative title. And this is for a good reason. It is meant to introduce the critical perspective in which I propose to assess the legacy of the 1992 Rio Declaration after almost a quarter of a century from its adoption. This retrospective outlook, it is hoped, may help assess the progress, if any, that international law has made... |
2016 |
| Richard Lynn |
FROM THE BREAK ROOM TO THE COURT ROOM: REEVALUATING HOSTILE WORK ENVIRONMENT CLAIMS IN LIGHT OF NEW JERSEY'S EXPANDED WHISTLEBLOWER PROTECTION |
25 Temple Political & Civil Rights Law Review 191 (Spring 2016) |
Commentary that courts have commonly deemed mere office banter has generally gone unpunished. Such commentary may include male employees' use of unambiguous gender epithets when referring to specific female employees or degradation of females generally through similarly disparaging language. Historically, office banter tends to fall outside of... |
2016 |
| Shea Diaz, Georgetown Environmental Law Review |
GETTING TO THE ROOT OF ENVIRONMENTAL INJUSTICE |
1/29/2016 Georgetown Environmental Law Review Online 1 (January 29, 2016) |
This post is part of the Environmental Law Review Syndicate, a multi-school online forum run by student editors from the nation's leading environmental law reviews. In the United States, poor people and people of color experience higher cancer rates, asthma rates, mortality rates, and overall poorer health than their affluent and white... |
2016 |
| Shannon Joyce Prince |
GREEN IS THE NEW Black: African american LITERATURE INFORMING ENVIRONMENTAL JUSTICE LAW |
32 Journal of Environmental Law & Litigation 33 (2016) |
Introduction. 34 I. Trees Are People Too?. 34 II. Greenlining. 38 III. What's the Fairest of Them All?. 41 IV. The Black (Family) Tree. 46 V. Savage Conservation. 57 VI. Green Like Me?. 66 Conclusion. 70 |
2016 |
| Eric Anthony DeBellis , Senior Executive Editor, Ecology Law Quarterly |
IMPLEMENTING SUPPLEMENTAL ENVIRONMENTAL PROJECT POLICIES TO PROMOTE RESTORATIVE JUSTICE |
3/14/2016 Georgetown Environmental Law Review Online 1 (March 14, 2016) |
The overwhelming majority of environmental enforcement actions settle out of court, but overlooking settlements as merely a mechanical means to save time and court costs is a mistake. An agency's approach to settlement has tremendous environmental justice implications that go largely unnoticed. In a traditional enforcement settlement model, the... |
2016 |
| Martha F. Davis |
LET JUSTICE ROLL DOWN: A CASE STUDY OF THE LEGAL INFRASTRUCTURE FOR WATER EQUALITY AND AFFORDABILITY |
23 Georgetown Journal on Poverty Law and Policy 355 (Spring, 2016) |
Unequal access to water and sanitation has long been an issue in developing nations. In the United States, by contrast, most individuals take access to basic water and sanitation services for granted. Writing in 2011, the UN Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation lauded the United States' past leadership in... |
2016 |
| Elizabeth Ann Kronk Warner |
LOOKING TO THE THIRD SOVEREIGN: TribAL ENVIRONMENTAL ETHICS AS AN ALTERNATIVE PARADIGM |
33 Pace Environmental Law Review 397 (Spring 2016) |
December 2015 constituted a watershed month in the fight against the devastating impacts of climate change, as nearly 200 countries reached consensus at the Paris Conference of the Parties 21 (COP 21) on the need to cut greenhouse gas emissions in an effort to curb the negative impact of climate change. As evidenced by the Paris COP 21, the world... |
2016 |
| Geoff Ward |
MICROCLIMATES OF RACIAL MEANING: HISTORICAL RACIAL VIOLENCE AND ENVIRONMENTAL IMPACTS |
2016 Wisconsin Law Review 575 (2016) |
This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... |
2016 |
| Luisa Ferreira-Peralta |
MINING IN COLOMBIA AND ENVIRONMENTAL JUSTICE: HOW THE "POPULAR CONSULTATION" PROCESS WORKS IN PRACTICE |
46 Environmental Law Reporter News & Analysis 10416 (May, 2016) |
This Article examines how the Latin American procedure of popular consultation has been used as a mechanism for resisting the development of an open-pit gold mine in Colombia, and analyzes how Colombian communities are using the procedure to have meaningful involvement in environmental decisionmaking. A close study suggests that communities were... |
2016 |
| Tiyanjana Maluwa |
OIL UNDER TROUBLED WATERS?: SOME LEGAL ASPECTS OF THE BOUNDARY DISPUTE BETWEEN MALAWI AND TANZANIA OVER LAKE MALAWI |
37 Michigan Journal of International Law 351 (Spring, 2016) |
C1-3Table of Contents L1-2Introduction . L3352 I. Historical Background, Factual Abstract and Preliminary Legal Questions. 356 A. British and German Colonial Rule and the History of the Boundary: 1890-1967. 356 B. Legal Significance and Probative Value of Maps in Boundary Disputes: An Excursus. 368 C. Prelude to the Dispute: The Post-Independence... |
2016 |
| Erica J. Shell |
PETCOKE: HOW AN OUTDATED AND INCONSISTENT REGULATORY FRAMEWORK DEFEATS ENVIRONMENTAL JUSTICE IN DETROIT |
17 Journal of Law in Society 3 (Spring, 2016) |
I. Introduction. 3 A. Environmental Injustice in America's Industrial Capital. 5 B. Petcoke-What Is It and How Did It Get Here?. 8 II. Background of Petcoke Production and Storage in Detroit. 9 A. Marathon's Detroit Heavy Oil Upgrade Project (DHOUP). 9 B. Environmental Impacts of Petcoke Production. 13 C. Detroit's Pile as a Lens to View Regulatory... |
2016 |
| John Copeland Nagle |
POPE FRANCIS, ENVIRONMENTAL ANTHROPOLOGIST |
28 Regent University Law Review 7 (2015-2016) |
Giovanni di Pietro di Bernardone was born in Italy around 1181. His father was a wealthy silk merchant, and Giovanni relished his status as the wealthy son. But then he had a vision that changed his life and his name. The christened Francis lived in poverty, joined the poor in begging at St. Peter's Basilica, and began preaching in his hometown of... |
2016 |