| Author | Title | Citation | Summary | Year |
| 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 |
| Joan D. Flocks |
THE ENVIRONMENTAL AND SOCIAL INJUSTICE OF FARMWORKER PESTICIDE EXPOSURE |
19 Georgetown Journal on Poverty Law and Policy 255 (Spring, 2012) |
Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant--pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is... |
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 |
| April Hendricks Killcreas |
THE POWER OF COMMUNITY ACTION: ENVIRONMENTAL INJUSTICE AND PARTICIPATORY DEMOCRACY IN MISSISSIPPI |
81 Mississippi Law Journal 769 (2012) |
L1-2Introduction . R3769. I. From Environmental Racism to Environmental Justice. 773 II. The Road to Environmental Justice: The Early Movement. 778 III. Environmental Injustice in Mississippi. 782 A. Turkey Creek--Harrison County, Mississippi. 782 B. Eastmoor Estates--Moorhead, Mississippi. 787 IV. Remedying the Injustice. 791 A. Legislative... |
2012 |
| David W. Case |
THE ROLE OF INFORMATION IN ENVIRONMENTAL JUSTICE |
81 Mississippi Law Journal 701 (2012) |
L1-2Introduction . R3701. I. Federal Environmental Justice Policy. 706 II. Federal Policy on Information and Environmental Justice. 718 III. Environmental Justice Information: Tools and Sources. 724 A. EPA's Environmental Justice Strategic Enforcement Assessment Tool (EJSEAT). 725 B. EPA's EJView. 729 C. EPA's Community Cumulative Assessment Tool... |
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 |
| Raina Wagner |
ADAPTING ENVIRONMENTAL JUSTICE: IN THE AGE OF CLIMATE CHANGE, ENVIRONMENTAL JUSTICE DEMANDS A COMBINED ADAPTATION-MITIGATION RESPONSE |
2 Arizona Journal of Environmental Law & Policy 153 (2011) |
The Environmental Justice Movement of the late twentieth century had a lofty goal: to protect poor and minority communities from being adversely affected by environmental harms such as toxic waste dumps and polluted waters. Many agree that today's greatest environmental danger is climate change, a worldwide problem with intensely local impacts; and... |
2011 |
| Shannon M. Roesler |
ADDRESSING ENVIRONMENTAL INJUSTICES: A CAPABILITY APPROACH TO RULEMAKING |
114 West Virginia Law Review 49 (Fall, 2011) |
I. Introduction. 50 II. Defining the Justice in Environmental Justice: Theoretical Foundations. 54 A. The Distribution of Environmental Bads and Goods: Empirical Evidence. 56 B. Theorizing Fair Distribution. 59 1. The Background Conditions for Application of the Difference Principle. 62 2. Primary Goods: Is This All We Need to Know?. 67 C. The... |
2011 |
| Carmen G. Gonzalez |
AN ENVIRONMENTAL JUSTICE CRITIQUE OF COMPARATIVE ADVANTAGE: IndigenOUS PEOPLES, TRADE POLICY, AND THE MEXICAN NEOLIBERAL ECONOMIC REFORMS |
32 University of Pennsylvania Journal of International Law 723 (Spring 2011) |
1. Introduction. 724 2. Environmental Justice and Trade Agreements. 727 3. The Theory of Comparative Advantage: An Introduction. 736 4. Case Study: The Mexican Neoliberal Economic Reforms. 740 4.1. The Significance of the Corn Sector in Mexico and the United States. 741 4.2. Background to the Mexican Neoliberal Economic Reforms. 745 4.3. NAFTA,... |
2011 |
| Jeanne Marie Zokovitch Paben |
APPROACHES TO ENVIRONMENTAL JUSTICE: A CASE STUDY OF ONE COMMUNITY'S VICTORY |
20 Southern California Review of Law & Social Justice 235 (Spring 2011) |
Environmental law encompasses many different areas. One aspect of environmental law is environmental justice. The United States Environmental Protection Agency (EPA) defines environmental justice as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development,... |
2011 |
| Julie Sze |
Asian AMERICAN IMMIGRANT AND REFUGEE ENVIRONMENTAL JUSTICE ACTIVISM UNDER NEOLIBERAL URBANISM |
18 Asian American Law Journal 5 (2011) |
Environmental justice, as an academic field, has ignored the conceptual contributions of Asian immigrant and Asian American activists of color, partly because of a focus on distributive justice instead of procedural justice. The goal of procedural justice is to secure self-representation for disenfranchised community members in crucial... |
2011 |
| 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 |
| Colin Crawford |
ENVIRONMENTAL BENEFITS AND THE NOTION OF POSITIVE ENVIRONMENTAL JUSTICE |
32 University of Pennsylvania Journal of International Law 911 (Spring 2011) |
Environmental justice scholars have noted that, in the United States, there is less empirical work documenting disparities in environmental benefits than there is empirical study documenting the inequitable distribution and cumulative impact of multiple environmental burdens. The fact that much less has been done with respect to environmental... |
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 |
| Raina Wagner |
ENVIRONMENTAL JUSTICE AND CLIMATE CHANGE: DOES 20TH-CENTURY ACTIVISM HAVE A PLACE IN A 21ST-CENTURY CRISIS? |
2 Arizona Journal of Environmental Law & Policy 1 (April, 2011) |
During the 1970s and '80s, American scientists, researchers and activists began to make a connection between race and class and exposure to environmental harms. Inhabitants of poor and minority communities and neighborhoods faced far higher probability of exposure to health-damaging environmental toxins than others. Peoplerevolted against the... |
2011 |
| Julia C. Rinne, Carol E. Dinkins |
ENVIRONMENTAL JUSTICE: MERGING ENVIRONMENTAL LAW AND ETHICS |
25-WTR Natural Resources & Environment 3 (Winter 2011) |
The environmental justice movement seeks to create equal access to ecological resources and equal protection from environmental hazards for all persons. Given these objectives, many view environmental justice as merely an attempt to provide equitable distribution of environmental burdens and benefits. This characterization fails to recognize that... |
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 |
| Rose Francis, Laurel Firestone |
IMPLEMENTING THE HUMAN RIGHT TO WATER IN CALIFORNIA'S CENTRAL VALLEY: BUILDING A DEMOCRATIC VOICE THROUGH COMMUNITY ENGAGEMENT IN WATER POLICY DECISION MAKING |
47 Willamette Law Review 495 (Spring 2011) |
THE RELATIONSHIP BETWEEN ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS Consider this: even one of the wealthiest states in the wealthiest nation on the planet has not fully implemented the human right to water. This state is California, a place which holds a special position in our collective consciousness as the land of milk and honey, producing... |
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 |
| Elena Bryant |
INNOVATION OR DEGRADATION?: AN ANALYSIS OF HAWAI'I'S CULTURAL IMPACT ASSESSMENT PROCESS AS A VEHICLE OF ENVIRONMENTAL JUSTICE FOR KNAKA MAOLI |
13 Asian-Pacific Law and Policy Journal 230 (2011) |
Introduction. 231 I. Providing a Framework: Environmental Justice for Knaka Maoli Communities. 235 A. Incorporating Environmental Justice into Hawai'i's EIS Process: Racializing Environmental Justice. 236 B. Defining the Injustice. 238 C. The Enactment of Natural and Cultural Resource Protections as a Mechanism for Restorative Justice for Knaka... |
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 |
| Carmela E. Orsini |
ON OUR TERMS: USING ENVIRONMENTAL JUSTICE TO FORMULATE A PEACE AGREEMENT TO END THE TRI-STATE WATER WARS |
5 Southern Region Black Law Students Association Law Journal 1 (Spring, 2011) |
W.E.B. Du Bois claimed that the dominant theme of the twentieth century was race. In the twenty-first century, the scarcity of environmental natural resources has taken over as the dominant theme. One resource seems to be at the heart of many environmental law discussions: water. It covers roughly 71% of our planet. Many people across the planet... |
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 |
| Richard Grosso |
REGULatinG FOR SUSTAINABILITY: THE LEGALITY OF CARRYING CAPACITY-BASED ENVIRONMENTAL AND LAND USE PERMITTING DECISIONS |
35 Nova Law Review 711 (Summer, 2011) |
I. Introduction. 713 II. Legal Framework in Florida Law for Ecological and Fiscal Sustainability. 715 A. The Florida Constitution. 717 B. Private Property Rights. 717 C. Florida Law Protecting Wetlands and Water Quality and Quantity. 718 1. Environmental Resource Permit Laws: Chapter 373 of the Florida Statutes. 718 a. The Environmental Resource... |
2011 |
| H. Spencer Banzhaf |
REGULATORY IMPACT ANALYSES OF ENVIRONMENTAL JUSTICE EFFECTS |
27 Journal of Land Use & Environmental Law 1 (Fall, 2011) |
I. Introduction. 1 II. Environmental Justice Objectives and Regulatory Actions. 5 III. Diffusing the Situation. 10 IV. Distribution of What?. 16 A. General Considerations. 16 B. Cost-side Considerations. 17 C. Indirect Costs. 17 D. Inter-group Heterogeneity in Values. 20 E. Nonuse Values. 24 V. Incorporating Distributional Effects. 25 VI.... |
2011 |
| Delivered by: Gwendolyn Keyes Fleming |
REMARKS TO THE FLORIDA A&M UNIVERSITY COLLEGE OF LAW ENVIRONMENTAL LAW AND JUSTICE SYMPOSIUM |
6 Florida A & M University Law Review 191 (Spring 2011) |
I have spent much of my 17-year professional life protecting communities and children against crime so it is especially pleasing to see that FAMU has joined with the Florida Department of Juvenile Justice to open the Juvenile Justice Research Institute. An Institute aimed at identifying research, implementing cutting edge juvenile justice services... |
2011 |
| Robert H. Cutting , Lawrence B. Cahoon , Jefferson F. Flood , Laura Horton , Michael Schramm |
SPILL THE BEANS: GOODGUIDE, WALMART AND EPA USE INFORMATION AS EFFICIENT, MARKET-BASED ENVIRONMENTAL REGULATION |
24 Tulane Environmental Law Journal 291 (Summer 2011) |
I. Introduction. 292 II. Background: Consumer as King. 298 III. Are We There Yet?. 300 IV. Sticks and Stones . . . So Why Use Words?. 305 A. Information as a Market-Based Tool. 305 B. Consumers, Investors, Regulators, and Competitors All Benefit. 307 1. Green Investing: Investors Seeking a Responsible Company That Will Avoid Huge Liabilities (from... |
2011 |
| Daniel Farber |
SYMPOSIUM INTRODUCTION: NAVIGATING THE INTERSECTION OF ENVIRONMENTAL LAW AND DISASTER LAW |
2011 Brigham Young University Law Review 1783 (2011) |
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between... |
2011 |
| Bonnie A. Malloy |
TESTING COOPERATIVE FEDERALISM: WATER QUALITY STANDARDS UNDER THE CLEAN WATER ACT |
6 Environmental & Energy Law & Policy Journal 63 (Spring 2011) |
Introduction. 64 I. The Clean Water Act. 68 A. The History Behind Water Quality Standards. 69 B. The Operation of Water Quality Standards. 72 C. Cooperative Federalism. 74 D. The Judiciary's Limitations. 76 1. States retained jurisdiction over land-use and water allocation. 76 2. States can condition federal permits under the CWA. 77 II.... |
2011 |
| Tom I. Romero, II J.D., Ph.D. |
THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW & POLICY IN TEN STANZAS |
1 University of Miami Race & Social Justice Law Review 107 (2011) |
I speak as a historian, a recorder of events with a sour stomach. I have no love for memories of the past. - Oscar Zeta Acosta, The Autobiography of a Brown Buffalo Once recognized as the fiercest beasts roaming the wild open wetlands of Asia, water buffalos earned their reputation as aggressive warriors able to travel long distances and engage... |
2011 |
| Emily Sangi |
THE GAP-FILLING ROLE OF NUISANCE IN INTERSTATE AIR POLLUTION |
38 Ecology Law Quarterly 479 (2011) |
Air pollutants from coal-fired power plants frequently cross state borders, which can impact a receiving state's ability to meet and maintain the National Ambient Air Quality Standards (NAAQS) mandated by the Clean Air Act (CAA). North Carolina asserted that such interstate air pollution was responsible for its nonattainment of certain NAAQS. After... |
2011 |
| Olivier De Schutter |
THE GREEN RUSH: THE GLOBAL RACE FOR FARMLAND AND THE RIGHTS OF LAND USERS |
52 Harvard International Law Journal 503 (Summer 2011) |
Introduction. 504 I. The Relationship between States and Markets in Agriculture: A Brief History. 508 II. The New Competition for Land. 520 III. The Threats to the Rights of Land Users. 524 A. The Protection of Land Users from Eviction: Two Approaches to Security of Tenure. 525 B. Protecting Communal Rights. 533 C. The Decentralized Management of... |
2011 |
| Jeremy Sarkin and Amelia Cook |
THE HUMAN RIGHTS OF THE SAN (BUSHMEN) OF BOTSWANA--THE CLASH OF THE RIGHTS OF IndigenOUS COMMUNITIES AND THEIR ACCESS TO WATER WITH THE RIGHTS OF THE STATE TO ENVIRONMENTAL CONSERVATION AND MINERAL RESOURCE EXPLOITATION |
20 Journal of Transnational Law & Policy 1 (2010-2011) |
Introduction. 1 I. Historical Relations and Land Use Patterns between the San and the Tswana. 6 II. The Central Kalahari Game Reserve Issue. 12 III. The Legal System in Botswana. 20 IV. The High Court Case: Sesana v. Attorney General. 23 V. Government Compliance with the Court's decision. 27 VI. The San's Options Moving Forward. 29 Conclusion. 31... |
2011 |