AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Ann C. McGinley , Ryan P. McGinley-Stempel BEYOND THE WATER COOLER: SPEECH AND THE WORKPLACE IN AN ERA OF SOCIAL MEDIA 30 Hofstra Labor and Employment Law Journal 75 (Fall 2012) In democracy it's your vote that counts; in feudalism it's your count that votes. -Mogens Jallberg Few would dispute the proposition that free speech and association play an important role in the operation of a healthy democracy. This is particularly true in the American context, where an elected republic of the people, by the people, for the... 2012  
Catherine M.H. Keske, Ph.D. , Greta G. Lohman, M.S. BIOCHAR: AN EMERGING MARKET SOLUTION FOR LEGACY MINE RECLAMATION AND THE ENVIRONMENT 6 Appalachian Natural Resources Law Journal 1 (2011-2012) In this article, the authors propose that mining companies consider investigating the economic and ecological feasibility of biochar. Biochar is essentially charcoal. Preliminary research shows linkages between biochar and improvements in vegetative cover (eg. grasses), which effectively reduces erosion, run-off, and sedimentation in rivers and... 2012  
Duchess Harris, Craig Green, Keesha Gaskins CIVIL RIGHTS LAW AND THE VALLEY SWIM CLUB: "TROUBLE THE WATERS" IN THE AGE OF OBAMA 3 William Mitchell Law Raza Journal 1 (Spring 2012) C1-2TABLE OF CONTENTS I. INTRODUCTION 2 II. EQUALITY THROUGH THE CONSTITUTION, THE COURTS AND CONGRESS 3 A. Overview 3 B. The Constitution 3 C. 42 U.S.C. § 1981 8 D. 42 U.S.C. § 2000a 10 III. LEGAL DISCRIMINATION - LIMITS OF THE LAWS 15 A. The First Amendment 15 B. Restrictive Covenants 17 IV. WADE IN THE WATER: NOT IN OUR POOL 21 V. ANALYSIS 26 A.... 2012  
Professor Alice Kaswan CLIMATE CHANGE, THE CLEAN AIR ACT, AND INDUSTRIAL POLLUTION 30 UCLA Journal of Environmental Law & Policy 51 (2012) I. The Role of Co-pollutant Considerations in Climate Policy. 55 A. The Value of a Comprehensive Approach. 57 B. The Benefits of Integrating Co-pollutant Considerations into Climate Policy. 62 1. The Environmental Benefits of Integrating Co-pollutant Considerations. 62 a. Existing Air Pollution. 63 b. Do Climate Policies Reduce Co-pollutants?. 64... 2012  
Cynthia Hawkins DeBose COLONIAL WHITE MATER PRIVILEGE: AN ABOVE-GROUND RAILROAD TO FREEDOM AND LAND RECLAMATION 55 Howard Law Journal 455 (Winter 2012) INTRODUCTION. 457 I. Anti-Miscegenation Statutes. 459 II. Thesis--Colonial White Mater Privilege. 463 III. Colonial Maryland: A Mixing of the Races. 464 IV. The Tayles of the Whyte Matriarchs. 467 A. The Shorter Family. 467 B. The Hawkins Family. 468 V. Petitions for Freedom & Land Reclamation Cases: Testing the Theory in Maryland. 469 A. William &... 2012  
Elizabeth Burleson COOPERATIVE FEDERALISM AND HYDRAULIC FRACTURING: A HUMAN RIGHT TO A CLEAN ENVIRONMENT 22 Cornell Journal of Law & Public Policy 289 (Winter 2012) This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and... 2012  
Zelena Jones CULTURE'S TIES TO THE LAND: THE BELIZE-GUATEMALA BORDER CONFLICT'S IMPLICATIONS FOR THE MAYA COMMUNITIES IN LIGHT OF THE UN DECLARATION 29 Wisconsin International Law Journal 773 (Winter 2012) The border dispute between Belize and Guatemala is one of the oldest territorial conflicts in the Americas. Presently, Guatemala asserts a territorial claim to the southern half of Belize where many indigenous communities live. Focusing specifically on the Maya communities due to the ground-breaking land rights decisions of 2008 and 2010, this... 2012  
Paula J. Schauwecker DIVERSITY IN ENVIRONMENTAL PRACTICE: HOW ARE WE DOING? 26-WTR Natural Resources & Environment 58 (Winter, 2012) Environmental law as a focused practice area is young. Having begun in the 1970s, it is now welcoming the second generation of environmental lawyers to the practice. There are many ways the legal profession has changed in the last 35 years and progress has been made in bringing more diverse attorneys into the profession, but some would say that the... 2012  
Camille Pannu DRINKING WATER AND EXCLUSION: A CASE STUDY FROM CALIFORNIA'S CENTRAL VALLEY 100 California Law Review 223 (February, 2012) The American West is notorious for its water wars, and California's complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California's water woes as a regulatory problem--a failure to balance the needs of growing... 2012  
Mark A. Chertok, Jonathan Kalmuss-katz ENVIRONMENTAL LAW 62 Syracuse Law Review 661 (2012) Introduction. 661 I. Summary Overview of SEQRA. 663 II. Regulatory Developments. 666 A. Proposed Environmental Assessment Form Revisions. 666 B. Revised SEQR Handbook. 668 III. Legislative Developments. 669 IV. Case Law Developments. 670 A. Bronx Committee for Toxic Free Schools and SEQRA Review of Brownfield Site Cleanups and Requirement for SEIS.... 2012  
Caitlin Shay FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNationAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION 27 American University International Law Review 133 (2012) INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... 2012  
Maria Greco Danaher FEDERAL APPELLATE COURT OUTLINES PARAMETERS FOR RACIALLY HOSTILE ENVIRONMENT 14 No. 19 Lawyers Journal 9 (September 21, 2012) One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the hostile work environment needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed this issue and provided some clarity to the definition. The court added its voice... 2012  
Tiernan Mennen , Cynthia Morel FROM M'INTOSH TO ENDOROIS: CREATION OF AN INTERNationAL IndigenOUS RIGHT TO LAND 21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... 2012  
Charles J. Ten Brink GAYBORHOODS: INTERSECTIONS OF LAND USE REGULATION, SEXUAL MINORITIES, AND THE CREATIVE CLASS 28 Georgia State University Law Review 789 (Spring, 2012) This Article advocates the municipal encouragement and maintenance of diversity, specifically the inclusion of sexual minorities, through changes in the traditional application of the forms of land use regulation. Bringing together previously distinct conversations about the societal goals of land use planning and the social value placed on... 2012  
Rebecca M. Bratspies HUMAN RIGHTS AND ENVIRONMENTAL REGULATION 19 New York University Environmental Law Journal 225 (2012) We can't manage effectively without trust. --Jane Lubchenko, NOAA Administrator, 2010 Because environmental regulators exercise vast discretion against a background of scientific uncertainty, the background assumptions they use to guide their decisionmaking are particularly influential. This article suggests that were federal regulators to view... 2012  
William Boyd , Douglas A. Kysar , Jeffrey J. Rachlinski LAW, ENVIRONMENT, AND THE "NONDISMAL" SOCIAL SCIENCES 8 Annual Review of Law and Social Science 183 (2012) law and psychology, science and technology studies, global governance, risk regulation Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other... 2012  
Lisa Vanhala LEGAL OPPORTUNITY STRUCTURES AND THE PARADOX OF LEGAL MOBILIZATION BY THE ENVIRONMENTAL MOVEMENT IN THE UK 46 Law and Society Review 523 (September, 2012) This article examines the strategic legal activity of the environmental movement in the United Kingdom over the past twenty years. Environmental non-governmental organizations (NGOs) have increasingly turned to the courts in pursuit of their policy goals, despite significant losses on substantive legal issues, difficulties gaining standing and high... 2012  
Jeannine Cahill-Jackson MOSSVILLE ENVIRONMENTAL ACTION NOW v. UNITED STATES: IS A SOLUTION TO ENVIRONMENTAL INJUSTICE UNFOLDING? 3 No. 6 Pace International Law Review Online Companion 173 (May, 2012) Surrounded by an army of hazardous industrial facilities, the residents of the small town of Mossville, Louisiana try to hold onto their lives and their homes, where many of their families have lived for over a century, despite an onslaught of pollution. There are people [who] are getting sick; there are people who are dying because of what is... 2012  
William L. Andreen OF FABLES AND FEDERALISM: A RE-EXAMINation OF THE HISTORICAL RATIONALE FOR FEDERAL ENVIRONMENTAL REGULATION 42 Environmental Law 627 (Summer 2012) This Article responds to recent scholarship questioning the need for environmental statutes that place primary responsibility for regulation in the hands of the federal government. These claims are based, in part, upon assertions that state and local governments had made great progress on a number of pollution fronts before the major federal... 2012  
Benjamin A. Kahn SEPARATE AND UNEQUAL: ENVIRONMENTAL REGULATORY MANAGEMENT ON Indian RESERVATIONS 35-SPG Environs Environmental Law and Policy Journal 203 (Spring 2012) I. Introduction. 205 II. Statutory Obligations: The Federal Government Must Treat Tribes Like States. 206 A. Safe Drinking Water Act. 206 B. Clean Water Act. 207 C. Clean Air Act. 208 D. Federal Insecticide, Fungicide, and Rodenticide Act. 209 E. Solid Waste Disposal Act (the Resource Conservation and Recovery Act). 209 III. Fiduciary Obligations:... 2012  
Chelsea M. Keeton SHARING SUSTAINABILITY: PREVENTING INTERNationAL ENVIRONMENTAL INJUSTICE IN AN AGE OF REGULATION 48 Houston Law Review 1167 (Winter 2012) I. Introduction. 1168 II. The Pollution-Haven Hypothesis and the Advent of the U.S. Environmental Movement. 1171 A. The Pollution-Haven Hypothesis and Its Controversy. 1171 B. The Modern Environmental Movement in the United States. 1173 C. Evidence Surrounding the Hypothesis. 1176 D. The Other Side of the Pollution-Haven Hypothesis: Toxic Waste... 2012  
Louis J. Kotzé , Rebecca Bates SIMILAR BUT DIFFERENT: COMPARATIVE PERSPECTIVES ON ACCESS TO WATER IN AUSTRALIA AND SOUTH AFRICA 15 University of Denver Water Law Review 221 (Spring 2012) I. Introduction. 222 II. Grounding the Comparative Approach. 223 III. Focus, Key Terminology, and Assumptions. 226 IV. Environmental and Hydro-political Contexts. 228 A. South Africa. 228 B. Australia. 232 V. The Regulatory Frameworks. 235 A. South Africa. 235 1. Policy Framework. 235 2. Constitutional Provisions. 236 3. Statutory Framework. 239 4.... 2012  
Lincoln L. Davies STATE RENEWABLE PORTFOLIO STANDARDS: IS THERE A "RACE" AND IS IT "TO THE TOP"? 3 San Diego Journal of Climate & Energy Law 3 (2011-2012) I. Introduction. 4 II. Renewable Portfolio Standards. 10 A. The RPS. 13 B. RPS Design. 16 C. RPS Goals. 20 III. Regulatory Races. 24 A. Defining Regulatory Races. 24 B. Races to the Bottom. 30 C. Races to the Top. 38 IV. Conceptualizing RPS Races. 42 A. An Image. 43 B. A Mirror Image?. 44 V. Measuring RPS Races. 49 A. The Evidence. 50 B. Weighing... 2012  
Alex Geisinger THE BENEFITS OF DEVELOPMENT AND ENVIRONMENTAL INJUSTICE 37 Columbia Journal of Environmental Law 177 (2012) Introduction. 178 I. Environmental Injustice and Its Regulation. 180 A. Environmental Injustice and Its Causes. 180 B. Regulation of Environmental Injustice. 184 1. Non Civil-Rights-Based Federal Regulation. 184 2. Civil Rights Law. 187 a. Title VI Regulation. 187 b. Private Rights of Action. 189 II. The Development Myth and Its Implications. 191... 2012  
Daniel A. Farber THE BP BLOWOUT AND THE SOCIAL AND ENVIRONMENTAL EROSION OF THE LOUISIANA COAST 13 Minnesota Journal of Law, Science & Technology 37 (Winter 2012) There, shockingly, along the grassy bayou bank, I can now make out a dozen or so old tombs, all in different stages of submersion, tumbling brick by brick into the bayou water . . . . The bayou is swallowing the dead here. This quote comes from a book, whose subtitle says it all: The Rich Life and Tragic Death of Louisiana's Cajun Coast. The... 2012  
Nicholas A. Fromherz THE CASE FOR A GLOBAL TREATY ON SOIL CONSERVATION, SUSTAINABLE FARMING, AND THE PRESERVATION OF AGRARIAN CULTURE 39 Ecology Law Quarterly 57 (2012) Soil is the foundation of life, yet the international community has all but ignored it in conservation efforts and legal reforms. Right under our feet we are losing topsoil at rates that far outpace nature's ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination-- these and other threats have conspired to take... 2012  
Tom I. Romero, II J.D., PH.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW AND POLICY IN TEN STANZAS 15 University of Denver Water Law Review 329 (Spring 2012) Prologue: The Brown Buffalo Awakens. 330 I. Stanza I. 335 II. Stanzas II and III. 339 III. Stanzas IV and V. 348 IV. Stanzas VI and VII. 354 V. Stanzas VIII and IX. 360 VI. Stanza X. 362 Conclusion: The Brown Buffalo Blue. 366 2012  
Hari M. Osofsky, University of Minnesota Law School THE OXFORD HANDBOOK OF INTERNationAL ENVIRONMENTAL LAW. EDITED BY DANIEL BODANSKY, JUTTA BRUNNÉE, AND ELLEN HEY. OXFORD, NEW YORK: OXFORD UNIVERSITY PRESS, 2007. PP. XXVIII, 1080. INDEX. $225, £99, CLOTH; $98.50, £44, PAPER 106 American Journal of International Law 715 (July, 2012) The Oxford Handbook of International Environmental Law, edited by Daniel Bodansky, Jutta Brunnée, and Ellen Hey, makes an important contribution to conceptualizing international environmental law as a distinct field and to exploring its contours. The book's editors are leading international law scholars with substantial backgrounds on the topic:... 2012  
Alexander Kazazis THE WESTERN CLIMATE INITIATIVE: THE FATE OF AN EXPERIMENT IN SUBNationAL CROSS-BORDER ENVIRONMENTAL COLLABORATION 37 Brooklyn Journal of International Law 1177 (2012) The atmospheric concentrations of greenhouse gases--chiefly carbon dioxide, methane, and nitrous oxide--are rising due to human activity. As their concentrations increase, the gases trap more solar heat, causing a gradual warming of the earth's climate system. Absent a change in policy, experts project that greenhouse gas (GHG) emissions will... 2012  
Hallie L. Shipley THE WTI INCINERATOR: THE RCRA CITIZEN SUIT AND THE EMERGENCE OF ENVIRONMENTAL HUMAN RIGHTS 2 Global Business Law Review 193 (Spring, 2012) The WTI Incinerator currently operates in East Liverpool, Ohio, burning toxic waste despite a district court ruling that held it posed an imminent and substantial risk to both human health and the environment. Unfortunately for the Ohio plaintiffs, the Circuit Court of Appeals in this case misinterpreted the RCRA Citizen suit provision, barring any... 2012  
Kathleen Bonner TOXINS TARGETED AT MINORITIES: THE RACIST UNDERTONES OF "ENVIRONMENTALLY-FRIENDLY" INITIATIVES 23 Villanova Environmental Law Journal 89 (2012) In the small, suburban, working-class town of Kennedy Heights, Texas, hundreds of individuals complain of rashes, headaches, and a water supply contaminated with oil and toxins. More serious health issues also plague these unsuspecting residents, such as cancerous brain tumors, cancer, lupus, birth defects, menstrual problems, and even death. As... 2012  
Cameron Jefferies UNCONVENTIONAL BRIDGES OVER TROUBLED WATER - LESSONS TO BE LEARNED FROM THE CANADIAN OIL SANDS AS THE UNITED STATES MOVES TO DEVELOP THE NATURAL GAS OF THE MARCELLUS SHALE PLAY 33 Energy Law Journal 75 (2012) I. Introduction. 76 II. The Emergence of Unconventional Fossil Fuel Sources. 78 A. Present Reliance on Fossil Fuel Energy and Forecasted Energy Needs. 78 B. Energy Security and Self-Sufficiency. 80 C. Interaction with Water Resources. 81 III. Understanding Unconventional Fuels. 82 A. The Canadian Oil Sands. 82 1. What Are the Oil Sands and How Are... 2012  
Marcy Nicks Moody WARNING: MAY CAUSE WARMING 65 Vanderbilt Law Review 1401 (October, 2012) I. Supermarket Semantics. 1402 II. The Architecture of Global Trade. 1404 A. A Brief History of the WTO. 1404 B. Gaps in Trade Governance: The Case of the Environment. 1411 C. The Gap Fillers: Private Environmental Governance. 1414 III. Edges of the Architecture: WTO's Jurisdictional Analysis. 1416 A. Basis of the Dispute. 1416 1. Violations,... 2012  
Michael A. Livermore CAN COST-BENEFIT ANALYSIS OF ENVIRONMENTAL POLICY GO GLOBAL? 19 New York University Environmental Law Journal 146 (2011) The use of cost-benefit analysis of environmental policy is spreading from the United States, where it has the longest tradition, to other parts of the globe. Already firmly rooted in Europe and other advanced economies, cost-benefit analysis is becoming more prevalent in developing countries as a way to evaluate environmental regulation.... 2011  
Robert V. Percival CHINA'S "GREEN LEAP FORWARD" TOWARD GLOBAL ENVIRONMENTAL LEADERSHIP 12 Vermont Journal of Environmental Law 633 (Spring, 2011) Introduction .. 633 I. Chairman Mao's War Against Nature. 636 II. China's Twenty-First Century Green Leap Forward. 639 A. Strengthening Chinese Environmental and Natural Resource Policies. 639 B. Promoting Greater Environmental Transparency. 641 C. Developing Green Technology. 646 D. China's Twelfth Five Year Plan: The Green Leap Forward. 649... 2011  
Keith Schneider , Jennifer L. Turner , Aaron Jaffe , Nadya Ivanova CHOKE POINT CHINA: CONFRONTING WATER SCARCITY AND ENERGY DEMAND IN THE WORLD'S LARGEST COUNTRY 12 Vermont Journal of Environmental Law 713 (Spring, 2011) Introduction .. 714 I. Growth Versus Water Resources. 715 A. Ruinous Confrontation?. 715 B. Choke Points Do Not Slow Rapid GDP Growth Goals. 718 II. Evading Water and Energy Choke Points for Now. 718 A. Ambitious Water Conservation Measures. 718 B. Energy Conservation Equals Water Conservation. 720 III. Unrivaled Plans to Move Water to Tap Coal... 2011  
Laura A. W. Pratt DECREASING DIRTY DUMPING? A REEVALUATION OF TOXIC WASTE COLONIALISM AND THE GLOBAL MANAGEMENT OF TRANSBOUNDARY HAZARDOUS WASTE 41 Texas Environmental Law Journal 147 (Winter 2011) Introduction. 148 I. Toxic Waste Colonialism Overview. 151 A. What's in a Name?. 151 B. Causes. 153 1. Global Increase of Hazardous Waste Production. 153 2. Economic Pressures. 154 II. Historical Development of the Global Management of Transboundary Hazardous Waste. 156 A. Background to Basel. 156 B. The Basel Convention. 158 1. Definitions. 159 2.... 2011  
Gregg P. Macey ENVIRONMENTAL CRISIS AND THE PARADOX OF ORGANIZING 2011 Brigham Young University Law Review 2063 (2011) Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public... 2011  
Victor B. Flatt, Paul M. Collins Jr. ENVIRONMENTAL ENFORCEMENT IN DIRE STRAITS: THERE IS NO PROTECTION FOR NOTHING AND NO DATA FOR FREE 41 Environmental Law Reporter News & Analysis 10679 (August, 2011) While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we approach the fortieth anniversary of modern environmental law, the answer to this $64 billion question still is not clear.... 2011  
Craig Anthony (Tony) Arnold FOURTH-GENERATION ENVIRONMENTAL LAW: INTEGRATIONIST AND MULTIMODAL 35 William and Mary Environmental Law and Policy Review 771 (Spring, 2011) Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are... 2011  
Dorceta E. Taylor GREEN JOBS AND THE POTENTIAL TO DIVERSIFY THE ENVIRONMENTAL WORKFORCE 31 Utah Environmental Law Review 47 (2011) At the apogee of the 2008 election cycle not a day passed without mention of green jobs or green collar workers. In fact, one of the most enduring slogans of the campaign was Jobs, baby, jobs. What was intriguing about this slogan was that it was a call for green jobs, but the term green collar is not new. As early as 1976, Professor Patrick... 2011  
Rhett B. Larson HOLY WATER AND HUMAN RIGHTS: IndigenOUS PEOPLES' RELIGIOUS-RIGHTS CLAIMS TO WATER RESOURCES 2 Arizona Journal of Environmental Law & Policy 81 (Fall 2011) Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of... 2011  
Erin B. Agee IN THE FEDERAL GOVERNMENT WE TRUST? FEDERAL FUNDING FOR TribAL WATER RIGHTS SETTLEMENTS AND THE TAOS PUEBLO Indian WATER RIGHTS SETTLEMENT ACT 21 Cornell Journal of Law & Public Policy 201 (Fall 2011) Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... 2011  
Inter-American Commission on Human Rights IndigenOUS AND TribAL PEOPLES' RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: NORMS AND JURISPRUDENCE OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM 35 American Indian Law Review 263 (2010-2011) I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011  
Elisabeth Wickeri LAND IS LIFE, LAND IS POWER : LANDLESSNESS, EXCLUSION, AND DEPRIVATION IN NEPAL 34 Fordham International Law Journal 930 (April, 2011) INTRODUCTION. 932 I. LEGAL AND POLITICAL CONTEXT OF LAND RIGHTS IN NEPAL. 937 A. Overview. 938 B. Nepal's International Obligations. 940 C. Codified Discrimination. 945 D. Land and Property in Nepali Law. 949 1. The Traditional Legal Framework: State Landlordism. 949 a. Overview of the Raikar System. 949 b. Tenants Rights. 952 c. Bonded Labor. 953... 2011  
Shelley Ross Saxer MANAGING WATER RIGHTS USING FISHING RIGHTS AS A MODEL 95 Marquette Law Review 91 (Fall 2011) Water sustains life. Living creatures, plants, and habitats compete for sustenance, while the relationships among these interests intertwine when we view water from the human lens. Water supports fish, and fish provide culture, beauty, and nutrition. Water also supports natural habitats, plant life, living creatures, and crops to feed the world.... 2011  
Katie Zaunbrecher PAC RIM CAYMAN V. REPUBLIC OF EL SALVADOR: CONFRONTING FREE TRADE'S CHILLING EFFECT ON ENVIRONMENTAL PROGRESS IN Latin AMERICA 33 Houston Journal of International Law 489 (Spring 2011) Because of the disparity of environmental regulation between the United States and its southern neighbors, multinational corporations have long viewed the resource-rich countries of Central America as attractive locations for factories and extractive industry. However, as liberal democracy has gradually penetrated the region in the post-Cold War... 2011  
Bernadette Atuahene PAYING FOR THE PAST: REDRESSING THE LEGACY OF LAND DISPOSSESSION IN SOUTH AFRICA 45 Law and Society Review 955 (December, 2011) The constitution of South Africa mandates equitable redress for individuals and communities evicted from their properties during colonialism and apartheid. The Commission on Restitution of Land Rights' institution-wide assumption is that the financial awards given as equitable redress had no long-term economic impact on recipients because the money... 2011  
David C. Baldus , Catherine M. Grosso , George Woodworth , Richard Newell RACIAL DISCRIMINation IN THE ADMINISTRATION OF THE DEATH PENALTY: THE EXPERIENCE OF THE UNITED STATES ARMED FORCES (1984-2005) 101 Journal of Criminal Law and Criminology 1227 (Fall 2011) This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005. Our database includes military prosecutions in all potentially death-eligible cases known to us (n = 105) during that time period. Over the last thirty years, studies of state death-penalty... 2011  
John C. Hoelle RE-EVALUATING TribAL CUSTOMS OF LAND USE RIGHTS 82 University of Colorado Law Review 551 (Spring 2011) Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land... 2011  
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34