| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Dr. Ranee Khooshie Lal Panjabi |
NOT A DROP TO SPARE: THE GLOBAL WATER CRISIS OF THE TWENTY-FIRST CENTURY |
42 Georgia Journal of International and Comparative Law 277 (2014) |
I. Introduction. 279 II. Water Pollution. 288 III. Water-Related Diseases. 297 IV. The Many Sources of Water. 301 V. Water Scarcity. 307 VI. Inequity in Availability of the Resource. 318 VII. Climate Change. 320 VIII. Water Transportation. 324 IX. Water Usage. 325 X. Biofuels. 328 XI. Irrigation in the Future. 331 XII. Inequitable Usage of Water.... |
2014 |
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| David Takacs |
PROTECTING YOUR ENVIRONMENT, EXACERBATING INJUSTICE: AVOIDING "MANDATE HAVENS" |
24 Duke Environmental Law and Policy Forum 315 (Spring, 2014) |
The story in the Business Day section of the New York Times begins, somewhat breathlessly: San Diego - In an unmarked greenhouse, leafy bushes carpet an acre of land here tucked into the suburban sprawl of Southern California. The seeds of the inedible, drought-resistant plants, called jatropha, produce a prize: high quality oil that can be... |
2014 |
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| Michael B. Jones , Peter J. Jacques |
RESPONDING TO ENVIRONMENTAL INJUSTICE: THE CIVIL RIGHTS ACT AND AMERICAN FEDERAL INSTITUTIONAL AND SYSTEMIC BARRIERS TO PRIVATE REDRESS OF DISPARATE ENVIRONMENTAL HARM |
9 Florida A & M University Law Review 417 (Spring, 2014) |
This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan... |
2014 |
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| Michael A. Livermore , Richard L. Revesz |
RETHINKING HEALTH-BASED ENVIRONMENTAL STANDARDS |
89 New York University Law Review 1184 (October, 2014) |
Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it must rely exclusively on health-related criteria.... |
2014 |
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| Henry N. Butler , Nathaniel J. Harris |
SUE, SETTLE, AND SHUT OUT THE STATES: DESTROYING THE ENVIRONMENTAL BENEFITS OF COOPERATIVE FEDERALISM |
37 Harvard Journal of Law & Public Policy 579 (Spring, 2014) |
Introduction. 580 I. The Background and Legal Standard for Sue-and-Settle Consent Orders. 587 A. General Consent Decree Doctrine. 588 B. Consent Decree Procedure for Government Entities. 590 C. Intervention Under Rule 24 and Joinder Under Rules 19 and 21. 592 D. Modification. 596 II. The Effect of Sue-and-Settle on Environmental Policy. 598 A.... |
2014 |
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| Jacquelyn A. Thomas |
THE FAILURE AND FUTURE OF LAKE OKEECHOBEE WATER RELEASES: A QUASI-GOVERNMENTAL SOLUTION |
42 Florida State University Law Review 285 (Fall, 2014) |
I. Introduction. 285 II. The History and Current Regime Surrounding the Lake Okeechobee Basin. 287 A. How Did We Get Here?. 287 B. The Senate Select Committee on Indian River Lagoon and Lake Okeechobee Basin. 290 III. Jurisdiction over Navigable Waterways. 291 A. The Case Law Defining Navigability. 292 B. The Clean Water Act. 294 IV. Federalism and... |
2014 |
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| Hari M. Osofsky |
THE GEOGRAPHY OF SOLVING GLOBAL ENVIRONMENTAL PROBLEMS: REFLECTIONS ON POLYCENTRIC EFFORTS TO ADDRESS CLIMATE CHANGE |
58 New York Law School Law Review 777 (2013/2014) |
In approaching the symposium topic of solving global environmental problems, I faced three dilemmas regarding the problem--climate change--that has occupied much of my time over the past several years. First, I do not regard it as global. While certainly climate change has global dimensions, which makes attempts to solve it through... |
2014 |
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| Ernest F. Lidge III |
THE NECESSITY OF EXPANDING PROTECTION FROM RETALIATION FOR EMPLOYEES WHO COMPLAIN ABOUT HOSTILE ENVIRONMENT HARASSMENT |
53 University of Louisville Law Review 39 (2014) |
Our nation's employment discrimination laws contain an inherent contradiction. The law imposes a greater duty on employees to complain when they have suffered from a discriminatory hostile environment than when they have been subjected to a discriminatory tangible employment action. However, the anti-retaliation laws, as a practical matter, provide... |
2014 |
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| Lane A. Johnson |
THE RACE THAT ISN'T: HOW INDUSTRY CAN ACTUALLY HELP DRIVE AN INTERNationAL TREND OF HEIGHTENED ENVIRONMENTAL REGULATION IN THE COPPER MINING INDUSTRY |
26 Georgetown International Environmental Law Review 327 (2014) |
On September 16, 2013, a large British mining company named Anglo American announced that it would be withdrawing from a controversial copper and gold mining project in Alaska after encountering a great deal of opposition from the Environmental Protection Agency (EPA) and environmental interest groups. There were concerns that the proposed mine... |
2014 |
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| Sara Gonzalez-Rothi Kronenthal |
THE RIPPLE EFFECT: HOW A LAWSUIT SEEKING CLEANER WATER MAY BE BACKFIRING |
3 LSU Journal of Energy Law & Resources 1 (Fall, 2014) |
Success in litigation requires more than a favorable order. For parties to achieve a desired outcome, forces outside the courtroom must not interfere with the legal victory. In 2009, conservation groups succeeded in negotiating a settlement that, on its face, seemed to promise cleaner water in Florida. However, a ripple of social and political... |
2014 |
|
| Jeanette Wolfley |
TribAL ENVIRONMENTAL PROGRAMS: PROVIDING MEANINGFUL INVOLVEMENT AND FAIR TREATMENT |
29 Journal of Environmental Law & Litigation 389 (2014) |
Introduction. 390 I. Background of Tribal Environmental Authority. 393 II. Policies Supporting Meaningful Involvement and Fair Treatment. 399 A. Providing Good Governance. 400 B. Respecting the Interests of Community Members. 402 C. Protecting and Promoting Tribal Sovereignty. 405 III. Defining Meaningful Involvement and Fair Treatment . 409 A.... |
2014 |
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| Amy Hardberger |
WATER IS A GIRL'S BEST FRIEND: EXAMINING THE WATER VALUATION DILEMMA |
62 University of Kansas Law Review 893 (May, 2014) |
When the well is dry, we know the worth of water. . . . . Only what is rare is valuable, and water, which is the best of all things . . . is also the cheapest. These two quotes personify the current challenge facing water sustainability and the role of markets. Reflected in these words is a traditional economic model of supply and demand and... |
2014 |
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| Alison Leary |
WATER YOU WAITING FOR? BALANCING PRIVATE RIGHTS AND PUBLIC NECESSITY IN THE SOUTH ATLANTIC WETLANDS |
6 Washington and Lee Journal of Energy, Climate, and the Environment 243 (2014) |
A healthy and robust network of wetlands protects coastal communities from storm damage caused by hurricanes. Unfortunately, development pressures threaten wetlands along the South Atlantic coast, the region most susceptible to an increased risk of climate change induced hurricanes. If these wetlands are not protected from destruction, coastal... |
2014 |
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| Robert L. Glicksman |
WILDERNESS MANAGEMENT BY THE MULTIPLE USE AGENCIES: WHAT MAKES THE FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT DIFFERENT? |
44 Environmental Law 447 (Spring 2014) |
The organic statutes for the Forest Service and the Bureau of Land Management direct each agency to manage lands under its jurisdiction in accordance with nearly identical multiple use, sustained yield mandates. Like the dominant use agencies, the National Park Service and the Fish and Wildlife Service, the multiple use agencies are required to... |
2014 |
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| Hope M. Babcock |
[THIS] I KNOW FROM MY GRANDFATHER: THE BATTLE FOR ADMISSIBILITY OF IndigenOUS ORAL HISTORY AS PROOF OF TribAL LAND CLAIMS |
37 American Indian Law Review 19 (2012-2013) |
A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing.... |
2013 |
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| Amelia Chizwala Peterson |
A LEGAL STANDARD FOR POST-COLONIAL LAND REFORM |
13 Sustainable Development Law & Policy 21 (2012-2013) |
[T]he increase of lands, and the right employing of them, is the great art of government: and that prince, who shall be so wise and godlike, as by established laws of liberty to secure protection and encouragement to the honest industry of mankind, against oppression of power and narrowness or party, will quickly be too hard for his neighbor .... |
2013 |
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| Michelle Bryan Mudd |
A NEXT, BIG STEP FOR THE WEST: USING MODEL LEGISLATION TO CREATE A WATER-CLIMATE ELEMENT IN LOCAL COMPREHENSIVE PLANS |
3 Washington Journal of Environmental Law & Policy 1 (June, 2013) |
Since it touches all we do and experience, water creates a language through which we may discuss our common future. The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an... |
2013 |
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| Scott McKenzie |
A RIVER RUNS THROUGH IT: THE FUTURE OF THE COLUMBIA RIVER TREATY, WATER RIGHTS, DEVELOPMENT, AND CLIMATE CHANGE |
29 Georgia State University Law Review 921 (Summer, 2013) |
C1-3Table of Contents L1-2Introduction . L3922 I. Physical And Political History Of The Columbia River Basin And Treaty. 923 A. Early History Of The River And Basin. 924 B. The Columbia River Treaty: Creation, Management, And Impacts. 928 II. Governance Issues: Theoretical And Practical. 932 A. Western Water Law And Development. 933 B. Competing... |
2013 |
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| Adam Garmezy |
BALANCING HYDRAULIC FRACTURING'S ENVIRONMENTAL AND ECONOMIC IMPACTS: THE NEED FOR A COMPREHENSIVE FEDERAL BASELINE AND THE PROVISION OF LOCAL RIGHTS |
23 Duke Environmental Law and Policy Forum 405 (Spring 2013) |
Hydraulic fracturing, or hydrofracking, describes the process wherein fluid is pumped underground at extremely high pressure to drive out oil or natural gas. Although first developed in the 1940s, hydrofracking did not begin to revolutionize the U.S. energy-extraction industry until 1998, when, for the first time, it was used in conjunction with... |
2013 |
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| Alice Kaswan |
CLIMATE CHANGE ADAPTATION AND LAND USE: EXPLORING THE FEDERAL ROLE |
47 John Marshall Law Review 509 (Winter 2013) |
Scientists agree that climate change impacts are already occurring and will only get worse. Measures to reduce, or mitigate, greenhouse gas (GHG) emissions are, of course, of central importance. However, even if the international community adopted robust measures to mitigate GHG emissions, accumulated GHGs would nonetheless continue to warm the... |
2013 |
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| Jonathan H. Adler |
CONSERVATIVE PRINCIPLES FOR ENVIRONMENTAL REFORM |
23 Duke Environmental Law and Policy Forum 253 (Spring 2013) |
Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental... |
2013 |
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| Lee Anne Fennell |
CROWDSOURCING LAND USE |
78 Brooklyn Law Review 385 (Winter, 2013) |
Could the future of public land use control lie, quite literally, in the hands of the public? Local governments have increasingly embraced new technologies like smartphone apps and online interfaces for involving constituents in land use planning and control. The possibility that we could effectively crowdsource land use decisions through novel... |
2013 |
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| Tony Kupersmith |
CUTTING TO THE CHASE: CORPORATE LIABILITY FOR ENVIRONMENTAL HARM UNDER THE ALIEN TORT STATUTE, KIOBEL, AND CONGRESS |
37 William and Mary Environmental Law and Policy Review 885 (Spring, 2013) |
Prospectors first discovered commercial quantities of oil in Nigeria over fifty years ago. Today, the country's oil industry accounts for over 95 percent of export earnings and about 40 percent of government revenues, but the environmental costs have been nearly as staggering as the financial benefits. For instance, a recent study by the United... |
2013 |
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| Hajin Kim |
DO TRADE LIBERALIZATION AND INTERNationAL TRADE LAW CONSTRAIN DOMESTIC ENVIRONMENTAL REGULATION? |
43 Environmental Law Reporter News & Analysis 10823 (September, 2013) |
Environmentalists and free trade proponents sharply disagree on the role that trade plays in impacting environmental welfare. Contrary to environmentalist contentions, trade liberalization can improve environmental regulations, and WTO jurisprudence is more welcoming of domestic environmental regulations than popularly perceived. But, counter to... |
2013 |
|
| Eric C. Christiansen |
EMPOWERMENT, FAIRNESS, INTEGRATION: SOUTH AFRICAN ANSWERS TO THE QUESTION OF CONSTITUTIONAL ENVIRONMENTAL RIGHTS |
32 Stanford Environmental Law Journal 215 (June, 2013) |
I. Introduction. 216 II. The South African Constitutional Right to a Clean and Sustainable Environment. 218 A. The End of Apartheid and the Rise of Constitutionalism in South Africa. 220 1. The Interim Constitution and Democratic Elections. 221 2. The Final Constitution, the Public Participation Programme, and Certification. 223 B. Environmental... |
2013 |
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| Yasmin Karimian |
ENVIRONMENTAL INJUSTICE: THE BRIGHT-LINE SOLUTION |
5 Georgetown Journal of Law & Modern Critical Race Perspectives 143 (Fall, 2013) |
Injustice anywhere is a threat to justice everywhere --Dr. Martin Luther King, Jr. Environmental issues are at the forefront of the world's attention. From global warming to air quality, conflict arises concerning how to best solve these pressing issues in order to provide generations to come with promising, healthy lives. While these issues are... |
2013 |
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| Matthew A. Susson |
ENVIRONMENTS, EXTERNALITIES AND ETHICS: COMPULSORY MULTINationAL AND TRANSNationAL CORPORATE BONDING TO PROMOTE ACCOUNTABILITY FOR EXTERNALIZATION OF ENVIRONMENTAL HARM |
20 Buffalo Environmental Law Journal 65 (2012-2013) |
Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may... |
2013 |
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| Sarah Alves , Joan Tilghman |
EPA AUTHORITY TO CONSIDER CUMULATIVE EFFECTS AND CUMULATIVE RISK ASSESSMENTS IN DECISION MAKING UNDER THE CLEAN AIR ACT |
28 Journal of Environmental Law & Litigation 151 (2013) |
Introduction and Purpose. 152 I. How the EPA Uses Risk Assessment. 156 II. Judicial Review of the EPA Interpretation of Clean Air Act Authority. 159 A. The Chevron Framework. 159 B. APA Arbitrary and Capricious Review. 163 III. Specific Opportunities to Consider Cumulative Effects in Three EPA Clean Air Act Programs. 169 A. The Clean Air Act: A... |
2013 |
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| Danielle M. Purifoy |
EPCRA: A RETROSPECTIVE ON THE ENVIRONMENTAL RIGHT-TO-KNOW ACT |
13 Yale Journal of Health Policy, Law & Ethics 375 (Summer 2013) |
October 2011 marked the 25th Anniversary of the Emergency Planning and Community Right-to-Know Act (EPCRA), which was celebrated for its significant role in protecting human health and the environment over the last quarter century by providing communities and emergency planners with valuable information on toxic chemical releases in their area.... |
2013 |
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| Donna S. Salcedo |
HAWAIIAN LAND DISPUTES: HOW THE UNCERTAINTY OF THE NATIVE HAWAIIAN IndigenOUS TribAL STATUS EXACERBATES THE NEED FOR MEDIATION |
14 Cardozo Journal of Conflict Resolution 557 (Winter 2013) |
Many people see the Hawaiian Islands as a paradise in the Pacific Ocean. However, most are unaware that history has left an unpleasant and permanent scar on the original inhabitants of the islands, the Native Hawaiians. It is often forgotten that the islands were once ruled by its monarchy. In fact, the Hawaiian Kingdom was not overthrown until... |
2013 |
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| Inessa Abayev |
HYDRAULIC FRACTURING WASTEWATER: MAKING THE CASE FOR TREATING THE ENVIRONMENTALLY CONDEMNED |
24 Fordham Environmental Law Review 275 (2012-2013) |
The ever-expanding search for domestic energy supplies in the form of natural gas has fueled a stream of concerns about our greatest natural resource: water. That search has led to the proliferation of hydraulic fracturing, or hydrofracking for short, a rapidly growing method of natural gas extraction in many parts of the country that has... |
2013 |
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| Jacinta Ruru |
IndigenOUS RESTITUTION IN SETTLING WATER CLAIMS: THE DEVELOPING CULTURAL AND COMMERCIAL REDRESS OPPORTUNITIES IN AOTEAROA, NEW ZEALAND |
22 Pacific Rim Law & Policy Journal 311 (March, 2013) |
Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people's identity, health, and wellbeing. These mechanisms create revolutionary modern... |
2013 |
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| Heather A. Culp |
LAND ETHIC UNDER ATTACK: KEYSTONE XL AND THE WAR OVER DOMESTIC S(OIL) |
3 Barry University Environmental and Earth Law Journal 126 (2013) |
The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America's dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners,... |
2013 |
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| Stephen Clowney |
LANDSCAPE FAIRNESS: REMOVING DISCRIMINation FROM THE BUILT ENVIRONMENT |
2013 Utah Law Review 1 (2013) |
At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... |
2013 |
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| Jared Wigginton |
LARGE-SCALE LAND INVESTMENT IN AFRICA: AN ISSUE OF SELF-HELP AND SELF-DETERMINation |
20 U.C. Davis Journal of International Law and Policy 105 (Fall 2013) |
This paper addresses the environmental and human rights implications arising from the global land rush in developing countries in Africa. It acknowledges both the potential benefits and costs of these large-scale land deals, and then analyzes the international community's current response: The Voluntary Guidelines on the Responsible Governance of... |
2013 |
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| Adam Wallwork |
LEGISLatinG THE FREE EXERCISE CLAUSE: CONGRESSIONAL POWER AND THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT OF 2000 |
5 Faulkner Law Review 1 (Fall, 2013) |
This Article evaluates Congress' constitutional authority to resurrect the compelling state interest test in the context of local zoning and landmark ordinances that impose a substantial burden on religious exercise. It analyzes the constitutionality of the three land use provisions of the Religious Land Use and Institutionalized Persons Act of... |
2013 |
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| Dave Owen |
MAPPING, MODELING, AND THE FRAGMENTATION OF ENVIRONMENTAL LAW |
2013 Utah Law Review 219 (2013) |
In the past forty years, environmental researchers have achieved major advances in electronic mapping and spatially explicit, computer-based simulation modeling. Those advances have turned quantitative spatial analysis--that is, quantitative analysis of data coded to specific geographic locations--into one of the primary modes of environmental... |
2013 |
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| Rachel D. Guthrie |
MUDDYING THE WATERS: THE DOWNSTREAM IMPLICATIONS OF WAL-MART v. DUKES FOR MEDICAL MONITORING CLASS ACTIONS IN MISSOURI |
7 Pittsburgh Journal of Environmental and Public Health Law 305 (Spring, 2013) |
In 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court heightened scrutiny of class certification under Federal Rule of Civil Procedure (FRCP) 23(a)(2)'s commonality requirement and imposed a strict injunctive standard for relief sought under FRCP Rule 23(b)(2). In 2007, the Missouri Supreme Court followed several other states... |
2013 |
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| David A. Dana |
ONE GREEN AMERICA: CONTINUITIES AND DISCONTINUITIES IN ENVIRONMENTAL FEDERALISM IN THE UNITED STATES |
24 Fordham Environmental Law Review 103 (2012-2013) |
What should the role of the federal government, and federal law, be with respect to the environment? Should environmental law be an essentially federal domain, with the federal government setting the standards or at least minimum standards for environmental quality and natural resource protection? Should there be, in other words, a single Green... |
2013 |
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| Khin Mai Aung |
PITTING OUR YOUTH AGAINST EACH OTHER: MOVING SCHOOL HARASSMENT AND BULLYING POLICY FROM A ZERO TOLERANCE DISCIPLINE TO SAFE SCHOOL ENVIRONMENT FRAMEWORK |
3 UC Irvine Law Review 885 (December, 2013) |
Introduction. 885 I. State of the Law--School Harassment and Bullying Prevention Policies. 890 A. Federal Law. 890 1. Federal Antiharassment Laws. 890 2. Proposed Legislation--Safe School Improvement Act. 892 B. State and Local Laws and Policies on School Bullying and Harassment. 893 1. National Trends Across Jurisdictions. 893 2. Example--New York... |
2013 |
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| Michael P. Vandenbergh |
PRIVATE ENVIRONMENTAL GOVERNANCE |
99 Cornell Law Review 129 (November, 2013) |
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the... |
2013 |
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| Wendy Wagner |
RACING TO THE TOP: HOW REGULATION CAN BE USED TO CREATE INCENTIVES FOR INDUSTRY TO IMPROVE ENVIRONMENTAL QUALITY |
29 Journal of Land Use & Environmental Law 1 (Fall 2013) |
I. Introduction. 1 II. Toxics Regulation in Context. 4 A. Toxics 101. 4 B. The Lowest Common Denominator Problem. 8 III. A Better Way. 9 A. Specifics. 10 B. Benefits. 13 IV. Existing Hybrid Approaches that Parallel a Best-in-Market Approach to Toxics Product Regulation. 16 A. Reasonable Alternative Design in Products Liability Law. 17 B.... |
2013 |
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| Aparna Polavarapu |
RECONCILING IndigenOUS AND WOMEN'S RIGHTS TO LAND IN SUB-SAHARAN AFRICA |
42 Georgia Journal of International and Comparative Law 93 (2013) |
I. Introduction 94 II. The Move to Engage with Customary Law 97 III. Legal Frameworks 100 A. International and Regional Indigenous Rights Frameworks 101 B. Formalism in the Women's Rights Legal Frameworks 106 IV. The Gendered Difficulties of Customary and Statutory Law 110 A. Women's Rights Under Pre-Colonial Customary Tenure 111 B. Women and... |
2013 |
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| Robert L. Liberty |
RISING TO THE LAND USE CHALLENGE: HOW PLANNERS AND REGULATORS CAN HELP SUSTAIN OUR CIVILIZATION |
38 Vermont Law Review 251 (Winter 2013) |
You do me a great honor by including me in your roster of speakers in the Norman Williams Jr. Lecture Series. But a greater honor is to be asked to address this audience of public servants, active citizens, faculty members, and law students, who have contributed so much and have so much to offer Vermont and the nation in our challenge to create... |
2013 |
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| Gerald S. Dickinson , Sheila R. Foster |
STASIS AND CHANGE IN ENVIRONMENTAL LAW: THE PAST, PRESENT AND FUTURE OF THE FORDHAM ENVIRONMENTAL LAW REVIEW |
24 Fordham Environmental Law Review 1 (2012-2013) |
The Fordham Environmental Law Review was officially recognized as a law journal in 1993, although it debuted in 1989 as the Fordham Environmental Law Report. Professor Joseph Sweeney authored the Foreword to the new law review, remarking that because the field of Environmental Law is still in its initial stages, your [students'] work is performed... |
2013 |
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| Jernej Letnar C̆ernic̆ |
STATE OBLIGATIONS CONCERNING IndigenOUS PEOPLES' RIGHTS TO THEIR ANCESTRAL LANDS: LEX IMPERFECTA? |
28 American University International Law Review 1129 (2013) |
I. INTRODUCTION. 1130 II. DEFINING INDIGENOUS PEOPLES. 1134 III. THE SOURCES OF INDIGENOUS PEOPLES' RIGHTS IN NATIONAL AND INTERNATIONAL LEGAL ORDERS. 1136 A. Indigenous Land Rights in International Human Rights Law. 1136 B. National Legal Orders. 1141 IV. THE NATURE AND SCOPE OF INDIGENOUS RIGHTS TO TRADITIONAL ANCESTRAL LANDS. 1146 A. The... |
2013 |
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| David E. Adelman |
THE COLLECTIVE ORIGINS OF TOXIC AIR POLLUTION: IMPLICATIONS FOR GREENHOUSE GAS TRADING AND TOXIC HOTSPOTS |
88 Indiana Law Journal 273 (Winter, 2013) |
This Article presents the first synthesis of geospatial data on toxic air pollution in the United States. Contrary to conventional views, the data show that vehicles and small stationary sources emit a majority of the air toxics nationally. Industrial sources, by contrast, rarely account for more than ten percent of cumulative cancer risks from all... |
2013 |
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| Hoi L. Kong |
THE DISAGGREGATED STATE IN TRANSNationAL ENVIRONMENTAL REGULATION |
78 Missouri Law Review 443 (Spring, 2013) |
This Article argues against a positivist view of international environmental law that (i) conceives of states as unitary entities that speak with one voice in pursuit of a single national interest, and that focuses on (ii) authoritative sources of law and (iii) the binding force of these sources of law. Further, this Article argues for a view of... |
2013 |
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| Smita Narula |
THE GLOBAL LAND RUSH: MARKETS, RIGHTS, AND THE POLITICS OF FOOD |
49 Stanford Journal of International Law 101 (Winter 2013) |
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while... |
2013 |
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| Lori Beail-Farkas |
THE HUMAN RIGHT TO WATER AND SANITATION: CONTEXT, CONTOURS, AND ENFORCEMENT PROSPECTS |
30 Wisconsin International Law Journal 761 (Winter, 2013) |
The roots of the human right to water and sanitation date back to ancient times when concepts of community governed water use. Since then, the right has evolved alongside cultural and religious traditions, evolving social norms, and the law. The right to water and sanitation has been brought increasingly to the forefront of international human... |
2013 |
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