| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Gabriel Eckstein |
DRUGS ON TAP: MANAGING PHARMACEUTICALS IN OUR Nation'S WATERS |
23 New York University Environmental Law Journal 37 (2015) |
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of... |
2015 |
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| Hajin Kim |
ECO-LABELS AND COMPETITION: ECO-CERTIFICATION EFFECTS ON THE MARKET FOR ENVIRONMENTAL QUALITY PROVISION |
22 New York University Environmental Law Journal 181 (2015) |
Introduction. 181 I. Assumptions and Legal Context. 184 A. Factual Assumptions. 184 B. Legal Context. 186 II. The Justification For Eco-Certification. 190 A. The Facts. 190 B. Legal Analysis. 194 III. The Likely Anti-Competitive Effect of Producer-Led Eco-Label Entry. 199 A. The Facts. 199 B. Legal Analysis. 208 IV. The Scale Versus Exclusivity... |
2015 |
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| Alexandra Dapolito Dunn , Chandos Culleen |
ENGINES OF ENVIRONMENTAL INNOVATION: REFLECTIONS ON THE ROLE OF STATES IN THE U.S. REGULATORY SYSTEM |
32 Pace Environmental Law Review 435 (Spring, 2015) |
Ralph Waldo Emerson said, [d]o not go where the path may lead, go instead where there is no path and leave a trail. This reflection from an American poet with a passion for the environment seems to set the stage well for an article reflecting on the role of state environmental regulatory, programmatic, and management innovation. States are often... |
2015 |
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| Paul Sabin |
ENVIRONMENTAL LAW AND THE END OF THE NEW DEAL ORDER |
33 Law and History Review 965 (November, 2015) |
I don't think there was ever a field of law which developed as explosively and dramatically as environmental law, David Sive, a pioneering environmental lawyer, declared in a 1982 interview. It was the great romance. Along with new state and federal regulatory agencies and more than a dozen major environmental statutes passed in the 1970s,... |
2015 |
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| Craig Anthony (Tony) Arnold |
ENVIRONMENTAL LAW, EPISODE IV: A NEW HOPE? CAN ENVIRONMENTAL LAW ADAPT FOR RESILIENT COMMUNITIES AND ECOSYSTEMS? |
21 Journal of Environmental and Sustainability Law 1 (Fall, 2015) |
It is a period of uncertainty and change. Climate change is threatening communities and ecosystems. The old regimes are fragmented, divided, only partially effective. They falter in the face of drought, flood, invasive species, polluted runoff, and land-development pressures. The landscapes of forests, farms, and cities are changing, even shifting.... |
2015 |
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| Shannon M. Roesler |
FEDERALISM AND LOCAL ENVIRONMENTAL REGULATION |
48 U.C. Davis Law Review 1111 (February, 2015) |
From green building initiatives to local farmers' markets, local governments have become major players in addressing the most pressing environmental and public health concerns. For example, in the absence of national climate change legislation, municipalities are leading the way in transportation and development strategies to mitigate and adapt to... |
2015 |
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| Ciprian N. Radavoi |
FENCELINE COMMUNITIES AND ENVIRONMENTALLY DAMAGING PROJECTS: AN ASYMPTOTICALLY EVOLVING RIGHT TO VETO |
29 Tulane Environmental Law Journal 1 (December 1, 2015) |
The issue of unwanted facilities siting was discussed for decades by academics, as far as the local community--government dialogue is concerned, in the so-called NIMBY (Not In My Back Yard) and LULU (Locally Unwanted Land Uses) literature; as for the local community-transnational corporation dialogue, it has been more recently analyzed in the... |
2015 |
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| Purba Mukerjee |
FIGHTING FOR AIR IN Indian COUNTRY: CLEAN AIR ACT JURISDICTION IN OFF-RESERVATION TribAL LAND |
45 Environmental Law Reporter News & Analysis 10966 (October, 2015) |
Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit--in reviewing EPA's tribal CAA rules--significantly cut back on these efforts, resulting in state encroachment on the environmental authority... |
2015 |
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| Benjamin Mason Meier , Yuna Kim |
HUMAN RIGHTS ACCOUNTABILITY THROUGH TREATY BODIES: EXAMINING HUMAN RIGHTS TREATY MONITORING FOR WATER AND SANITATION |
26 Duke Journal of Comparative & International Law 141 (Fall 2015) |
Framing scholarship on human rights accountability through treaty bodies, this article examines the water and sanitation content of state human rights reporting to the United Nations Committee on Economic, Social and Cultural Rights. In this novel application of analytic coding methods to state human rights reports, the authors trace the... |
2015 |
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| Rebecca Tsosie |
IndigenOUS PEOPLES AND THE ETHICS OF REMEDIATION: REDRESSING THE LEGACY OF RADIOACTIVE CONTAMINation FOR NATIVE PEOPLES AND NATIVE LANDS |
13 Santa Clara Journal of International Law 203 (2015) |
Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... |
2015 |
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| Mohamed F. Sweify |
INVESTMENT-ENVIRONMENT DISPUTES: CHALLENGES AND PROPOSALS |
14 DePaul Business & Commercial Law Journal 133 (Winter 2015) |
How effective is arbitration in resolving investment disputes, and what are the prospects of this method when the dispute involves non-investment issues, such as the environmental issues? These questions are likely to prompt diverse discussions and analysis of overlapping bodies of law. It is apparent that the system of investment arbitration is a... |
2015 |
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| Tamara L. Slater |
INVESTOR-STATE ARBITRATION AND DOMESTIC ENVIRONMENTAL PROTECTION |
14 Washington University Global Studies Law Review 131 (2015) |
Introduction. 131 I. International Agreements and Global Environmental Protection. 134 A. World Trade and International Investment Agreements. 134 B. Investor-State Dispute Settlement (ISDS) Provisions. 136 C. International Environmental Protection Measures. 140 II. The Challenge of Implementing International Environmental Policies Through... |
2015 |
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| Tanya Kapoor |
IS SUCCESSFUL WATER PRIVATIZATION A PIPE DREAM?: AN ANALYSIS OF THREE GLOBAL CASE STUDIES |
40 Yale Journal of International Law 157 (Winter 2015) |
Introduction. 158 I. Methodology. 161 A. Class Dynamics. 161 B. Business and Deal Structure. 162 C. Political Climate. 163 II. Cochabamba, Bolivia. 163 A. Background. 163 B. The Cochabamba Privatization. 164 C. The Model Applied. 167 III. KwaZulu-Natal, South Africa. 171 A. Background. 171 B. The KwaZulu-Natal Privatization. 172 C. The Model... |
2015 |
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| Rita Lenane |
IT DOESN'T SEEM VERY FAIR, BECAUSE WE WERE HERE FIRST: RESOLVING THE SIOUX Nation Black HILLS LAND DISPUTE AND THE POTENTIAL FOR RESTORATIVE JUSTICE TO FACILITATE GOVERNMENT-TO-GOVERNMENT NEGOTIATIONS |
16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) |
As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... |
2015 |
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| Scott P. Stedjan |
LAND IS NOT THE NEW OIL: WHAT THE NIGERIAN OIL EXPERIENCE CAN TEACH SOUTH SUDAN ABOUT BALANCING THE RISKS AND BENEFITS OF LARGE SCALE LAND ACQUISITION |
3 Penn State Journal of Law & International Affairs 168 (February, 2015) |
The only reason why we are hungry is because of how we have been investing in Agriculture.--Ann Itto, South Sudan's Minister of Agriculture When food becomes scarce, the investor needs a weak state that does not force him to abide by any rules.-- Phillepe Heilberg of Jarch Capital Recent global food price volatility combined with the growing... |
2015 |
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| Erik Podhora |
LESSONS FOR CLIMATE CHANGE REFORM FROM ENVIRONMENTAL HISTORY: 19TH CENTURY WILDLIFE PROTECTION AND THE 20TH CENTURY ENVIRONMENTAL MOVEMENT |
30 Journal of Environmental Law & Litigation 1 (2015) |
Introduction. 3 I. State Wildlife Laws of The Late 19th Century. 7 A. Background. 7 B. Factors Contributing to Enactment of State Wildlife Laws. 10 1. Changes in Philosophy. 11 2. Demographic Changes and the End of the Frontier. 14 3. The Role of Organized Groups. 16 C. Challenges to State Wildlife Laws. 18 1. Legal Challenges. 19 2. Local... |
2015 |
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| Xiaoxin Shi |
MAKING ENDS MEET: USING A MARKET-BASED APPROACH TO INCENTIVIZE FOREIGN VESSELS TO COMPLY WITH THE AIR EMISSION STANDARDS OF MARPOL ANNEX VI |
4 Penn State Journal of Law & International Affairs 556 (December, 2015) |
Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL) sets mandatory air emission standards for ocean-going vessels. Ratifying countries are required to enact legislation to implement MARPOL Annex VI (Annex VI) within their jurisdictions. The United States adopted Annex VI through the Act to Prevent Pollution... |
2015 |
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| Catherine J. Iorns Magallanes |
MAORI CULTURAL RIGHTS IN AOTEAROA NEW ZEALAND: PROTECTING THE COSMOLOGY THAT PROTECTS THE ENVIRONMENT |
21 Widener Law Review 273 (2015) |
Indigenous views of their relationship with the natural world differ from those of the states within which they live. Such different views stem from different cosmologies and religions that define the appropriate place of humankind within nature. They give rise to different understandings of human rights and responsibilities in relation to the... |
2015 |
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| John A. Pearce II , Ilya A. Lipin |
MITIGATING THE EMPLOYER'S EXPOSURE TO THIRD PARTY CLAIMS OF A HOSTILE WORK ENVIRONMENT |
26 Hastings Women's Law Journal 319 (Summer 2015) |
Romance in the workplace environment is common and may increase employers' exposure to liability. According to a recent survey, fifty-nine percent of employees admit to participating in a romantic relationship while at work. When asked what type of romance they participated in, forty-one percent stated that the romance was an ongoing but casual... |
2015 |
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| Thomas Silverstein |
OVERCOMING LAND USE LOCALISM: HOW HUD'S NEW FAIR HOUSING REGULATION CAN PUSH STATES TO ERADICATE EXCLUSIONARY ZONING |
5 University of Baltimore Journal of Land and Development 25 (Fall, 2015) |
Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD's publication of a final AFFH rule on July 16, 2015 was the culmination of that process, but the rule did... |
2015 |
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| Samantha Peikoff Adler |
PENN CENTRAL 2.0: THE TAKINGS IMPLICATIONS OF PRINTING AIR RIGHTS |
2015 Columbia Business Law Review 1120 (2015) |
A transferable development right or TDR refers to the air space above a zoning lot that can be sold to neighboring landowners who seek to build structures that exceed the maximum height permitted by zoning. Until recently, if a developer in Midtown Manhattan required TDRs, he or she needed to acquire them from a landmark building. The city... |
2015 |
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| R.D. Truitt |
PLAIN TALK ABOUT PLANE CLAIMS: AN AIR CARRIER CLAIMS EXAMINER'S HANDBOOK |
80 Journal of Air Law and Commerce 449 (Spring 2015) |
THIS ARTICLE DETAILS advanced methods for the handling of airline passenger injury claims. It is based on the rather prosaic idea that the aerial environment is quite different from the earthbound milieu in certain key respects, alongside the less prosaic--and claim-related--notion that these differences give rise to opportunities for evaluating... |
2015 |
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| Eric V. Hull |
PROTECTING ENDANGERED SPECIES IN AN ERA OF CLIMATE CHANGE: THE NEED FOR A SMARTER LAND USE ETHIC |
31 Georgia State University Law Review 579 (Spring, 2015) |
The most unique feature of Earth is the existence of life, and the most extraordinary feature of life is its diversity. In 1973, Congress responded to the cumulative impacts human activities had on plant and animal species by passing the Endangered Species Act (ESA). Congress recognized that many of the nation's native plants and animals were in... |
2015 |
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| John C. Dernbach , Marc Prokopchak |
RECOGNITION OF ENVIRONMENTAL RIGHTS FOR PENNSYLVANIA CITIZENS: A TribUTE TO CHIEF JUSTICE CASTILLE |
53 Duquesne Law Review 335 (Summer, 2015) |
I. Introduction. 335 II. Loss of Original Meaning of Article I, Section 27. 339 A. Commonwealth v. National Gettysburg Battlefield Tower, Inc. 339 B. Payne v. Kassab. 341 C. The Unhappy Legacy of Payne v. Kassab. 344 1. Reported Court Cases. 344 2. Administrative Agency Decisions. 348 III. Robinson Township v. Commonwealth: Recovery of Article I,... |
2015 |
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| Melinda Harm Benson |
RECONCEPTUALIZING ENVIRONMENTAL CHALLENGES--IS RESILIENCE THE NEW NARRATIVE? |
21 Journal of Environmental and Sustainability Law 99 (Fall, 2015) |
How we think about environmental management challenges is important. It matters because our characterization of these challenges dictates both how we perceive them and then, correspondingly, how we integrate these perceptions into our legal and institutional frameworks. The question posed in this Article is whether resilience is actually a new... |
2015 |
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| Robert Banas |
RLUIPA: HOW EQUALITY AND FAIRNESS IN LAND USE REGULATIONS DO NOT ALWAYS COEXIST |
16 Rutgers Journal of Law & Religion 360 (Spring, 2015) |
Religious liberty is a constitutional value of the highest order, and the Framers of the Constitution included protection for the free exercise of religion in the very first Amendment. This Act recognizes the importance the free exercise of religion plays in our democratic society. - President Bill Clinton The ability to practice religion free of... |
2015 |
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| Sasha Fannie Belinkie |
SOUTH AFRICA'S LAND RESTITUTION CHALLENGE: MINING ALTERNATIVES FROM EVOLVING MINERAL TAXATION POLICIES |
48 Cornell International Law Journal 219 (Winter 2015) |
Introduction. 219 I. Background. 224 A. South Africa's History and Present Legal Framework. 224 1. Statutory Framework from Colonialism and Apartheid. 224 2. South Africa's Democratic Constitution. 226 B. Government of the Republic of South Africa v. Grootboom. 227 C. President of South Africa v. Modderklip Boerdery, Ltd.. 228 II. South Africa's... |
2015 |
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| John D. Echeverria |
STATE JUDICIAL ELECTIONS AND ENVIRONMENTAL LAW: CASE STUDIES OF MONTANA, NORTH CAROLINA, WASHINGTON, AND WISCONSIN |
16 Vermont Journal of Environmental Law 363 (Spring, 2015) |
Introduction and Overview. 364 I. Montana. 372 A. Montanans' Right to a Clean and Healthful Environment. 372 B. The Montana Judicial Electoral Process. 378 C. Judicial Rulings Affecting the Judicial Electoral Process. 380 D. The Ideological Struggle for Control of the Supreme Court. 386 E. The 2012 Election. 387 F. The 2014 Appointment. 392 G. The... |
2015 |
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| Thomas Silverstein |
STATE LAND USE REGULATION IN THE ERA OF AFFIRMATIVELY FURTHERING FAIR HOUSING |
24 Journal of Affordable Housing & Community Development Law 305 (2015) |
I. Nature and Power of States as HUD Program Participants. 308 A. Who Is the Grantee?. 308 B. States in the Federal System. 309 C. States and Localism. 309 II. Exclusionary Zoning, States, and Residential Racial Segregation. 311 A. Early Origins. 311 B. Exclusionary Zoning and the Fair Housing Act. 313 C. Exclusionary Zoning Today. 315 III.... |
2015 |
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| Louis J. Kotze |
THE CONCEPTUAL CONTOURS OF ENVIRONMENTAL CONSTITUTIONALISM |
21 Widener Law Review 187 (2015) |
With respect to its theory and conceptual architecture, environmental constitutionalism has received scant attention to date. Commentators are only just starting to direct their analytical and descriptive focus to this evolving concept. Generally speaking, environmental constitutionalism is associated mostly with debates surrounding the... |
2015 |
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| Diego Gil Mc Cawley |
THE POLITICAL ECONOMY OF LAND USE GOVERNANCE IN SANTIAGO, CHILE AND ITS IMPLICATIONS FOR CLASS-BASED SEGREGATION |
47 Urban Lawyer 119 (Winter, 2015) |
Despite decades of economic development and the general improvement in the quality of life of its people, Santiago, the capital of Chile, presents high levels of residential segregation along socioeconomic lines. A debate about legal reforms to address this phenomenon is currently occurring. Chile has an expansive regime of housing assistance... |
2015 |
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| Thomas Maligno , Benjamin Rajotte |
TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY |
26 Fordham Environmental Law Review 345 (Spring, 2015) |
Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half year anniversary, complex challenges remain... |
2015 |
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| Robert H. Abrams |
WATER LAW TRANSITIONS |
66 South Carolina Law Review 597 (Spring, 2015) |
I. The Limitations of Reasonable Use Riparianism and the Need for Change. 600 II. A Cameo Description of the Typical Regulated Riparianism System. 607 III. Looking at South Carolina's Act 247 of 2010: A Critique of Unusual Provisions in the South Carolina Statute. 611 A. The Law and its Principal Standard. 611 IV. Transition from Common Law... |
2015 |
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| Christine Fry , Ian McLaughlin , Alexis Etow , Rio Holaday |
WHAT'S IN STORE: A VISION FOR HEALTHIER RETAIL ENVIRONMENTS THROUGH BETTER COLLABORATION |
41 American Journal of Law & Medicine 331 (2015) |
Thousands of small dealers who are barely able to make a living . would be cut off from supplying their customers with milk, butter, [etc.], which they need for use on Sundays, causing them a very serious loss and great inconvenience to thousands of people . L.J. Callanan, grocer in New York City, March 16, 1903 In 1903, the New York state... |
2015 |
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| Liz Clark Rinehart |
ZONED FOR INJUSTICE: MOVING BEYOND ZONING AND MARKET-BASED LAND PRESERVATION TO ADDRESS RURAL POVERTY |
23 Georgetown Journal on Poverty Law and Policy 61 (Fall, 2015) |
C1-2Table of Contents Introduction. 62 I. The Distinct Problems of Rural Communities. 63 A. Environmental Challenges: The Myth of the Pristine Countryside. 64 1. Sprawl. 64 2. Agricultural Pollution. 66 B. Social and Economic Problems. 68 1. Demographics. 68 2. Children, Families, and Welfare Programs. 69 3. Jobs. 70 4. Financial Infrastructure and... |
2015 |
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| Daniel K. Lee |
A CENTURY OF UNCERTAINTY AND THE NEW POLITICS OF Indian WATER SETTLEMENTS: HOW TribES AND STATES CAN OVERCOME THE CHILLING EFFECT OF THE PAYGO ACT |
92 Oregon Law Review 625 (2014) |
Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B. One... |
2014 |
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| Jason Scott Johnston |
A POSITIVE POLITICAL ECONOMIC THEORY OF ENVIRONMENTAL FEDERALIZATION |
64 Case Western Reserve Law Review 1549 (Summer, 2014) |
This Article sets out a positive theory that explains the late twentieth-century federalization of American environmental law. On this theory, federalization occurred not because states had failed to regulate to reduce air and water pollution, but because older and heavily developed states moving toward such regulation gained a relative competitive... |
2014 |
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| Craig Anthony (Tony) Arnold |
ADAPTIVE WATER LAW |
62 University of Kansas Law Review 1043 (May, 2014) |
One of the most important questions concerning the governance of water resources in the U.S. is whether American water law regimes can become increasingly adaptive to changing conditions and sudden disturbances. Abundant evidence suggests that water law is non-adaptive or maladaptive. Many significant legal rules and processes governing water are... |
2014 |
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| Cathryn Copeland Wood |
AMERICA, LAND OF THE FREE AND HOME OF THE BULLIES: AN ARGUMENT FOR WORKPLACE BULLYING LAWS IN PROFESSIONAL SPORTS |
67 SMU Law Review 429 (Spring 2014) |
IT was the slur heard around the world when Miami Dolphins lineman Richie Incognito left a voicemail for his teammate, rookie offensive guard Jonathan Martin, calling him a half-n---piece of s---, saying he wanted to s---in [[Martin's] f---ing mouth, and threatening to kill him. Some rushed to Incognito's defense; the justifications ranged from... |
2014 |
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| Robert Hardaway |
AS THE WORLD WELCOMES ITS SEVEN BILLIONTH HUMAN: REFLECTIONS AND POPULATION, LAW, AND THE ENVIRONMENT |
13 Sustainable Development Law & Policy 4 (Winter, 2014) |
In the 1970s John Holdren, Barry Commoner, and Paul Ehrlich developed an equation for measuring the human ecological footprint: 1=PAT, where environmental impact (I) is equal to the product of population (P), affluence in the form of per capita consumption (A), and technology, or impact per unit of consumption (T). The case can be made that the... |
2014 |
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| Fatmata S. Kabia |
BEHIND THE MIRAGE IN THE DESERT--CUSTOMARY LAND RIGHTS AND THE LEGAL FRAMEWORK OF LAND GRABS |
47 Cornell International Law Journal 709 (Fall, 2014) |
Introduction. 710 I. Background: Bifurcated Legal System in Africa & the Investor Problem 713 A. Defining African Customary Law. 713 B. African Customary Law in the Common Law Context. 714 C. Land Grabs Reveal Endemic Problem of the Bifurcated Legal System. 715 D. Understanding the Participants in the African Land Grab. 716 II. Contrasting Land... |
2014 |
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| Richard Thompson Ford |
BIAS IN THE AIR: RETHINKING EMPLOYMENT DISCRIMINation LAW |
66 Stanford Law Review 1381 (June, 2014) |
Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... |
2014 |
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| Alice Kaswan |
CLIMATE ADAPTATION AND LAND USE GOVERNANCE: THE VERTICAL AXIS |
39 Columbia Journal of Environmental Law 390 (2014) |
Introduction. 391 I. Climate-Change Impacts and Land Use. 398 A. Climate-Change Impacts. 399 B. The Role of Land-Use Measures in Climate Adaptation. 403 C. The Status of Adaptation-Related Land-Use Measures. 407 1. Federal Adaptation-Related Land-Use Programs. 408 2. State and Local Adaptation-Related Land-Use Programs. 412 II. Federalism Values... |
2014 |
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| Jesse Reiblich , Christine A. Klein |
CLIMATE CHANGE AND WATER TRANSFERS |
41 Pepperdine Law Review 439 (March, 2014) |
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, countries that adopt a wait and see approach potentially risk the lives of their people, their ecosystems... |
2014 |
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| Oliver A. Houck |
COOPERATIVE FEDERALISM, NUTRIENTS, AND THE CLEAN WATER ACT: THREE CASES REVISITED |
44 Environmental Law Reporter News & Analysis 10426 (May, 2014) |
Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little about this relationship to chance. Nonetheless, the federal-state interplay goes on in as many venues as there are... |
2014 |
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| David Coventry Smith , Partner, Kilpatrick Townsend and Stockton LLP |
DEFENDING Indian LANDS AFTER CARCIERI |
2014 Aspatore 2326354 (April, 2014) |
The majority of Americans live in the misguided belief that depriving Indians of the ownership, use, and benefit of their lands was merely an unfortunate episode in American history, an artifact of a racist past. However, the fact remains that the challenges facing Indian nations in maintaining the sovereign right to control their own lands is no... |
2014 |
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| Richard L. Wiener, Sarah J. Gervais, Ena Brnjic, Gwenith D. Nuss , University of Nebraska, Lincoln |
DEHUMANIZATION OF OLDER PEOPLE: THE EVALUATION OF HOSTILE WORK ENVIRONMENTS |
20 Psychology, Public Policy, and Law 384 (November, 2014) |
This research examined how people judge hostile work environments in which members of a work setting derogate other workers because they are older and presumed to be incompetent based on a psycholegal model incorporating negative affect and dehumanization (Wiener, Gervais, Brnjic, & Nuss, 2014). Specifically, we conducted a study in which a... |
2014 |
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| Richard Delgado |
DELGADO'S DARKROOM: CRITICAL REFLECTIONS ON LAND TITLES AND LatinO LEGAL EDUCATION |
45 New Mexico Law Review 275 (Fall, 2014) |
Written in celebration of the life and achievements of Senator Dennis Chavez, this essay analyzes the intersection of two topics--civil rights and legal education--that lay close to the Senator's heart. A tireless crusader for justice who attended night law school at Georgetown in the 1920s and maintained a lifelong interest in legal education,... |
2014 |
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| Daniel Huizenga , York University |
DOCUMENTING "COMMUNITY" IN THE ≠ KHOMANI SAN LAND CLAIM IN SOUTH AFRICA |
37 PoLAR: Political and Legal Anthropology Review 145 (May, 2014) |
In this article I explore how documents created in support of khomani San land claimants, located in the southern Kalahari Desert, represent a specific way of knowing that contributes to a socio-legal construction of community. The documents that I use in this article have been authored by government organizations and NGOs, and compiled into a... |
2014 |
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| David Takacs |
ENVIRONMENTAL DEMOCRACY AND FOREST CARBON (REDD+) |
44 Environmental Law 71 (Winter 2014) |
Public funders and private investors are pouring billions of dollars into Reducing Emissions from Deforestation and forest Degradation (REDD+) in the developing world. In REDD+, investors pay people to preserve carbon in trees, and then sell credits based on the stored carbon to those who wish to offset their own greenhouse gas emissions. REDD+... |
2014 |
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