| Author | Title | Citation | Summary | Year |
| Geoffrey E. Roughton |
COMPREHENSIVE LAND REFORM AS A VEHICLE FOR CHANGE: AN ANALYSIS OF THE OPERATION AND IMPLICATIONS OF THE TANZANIAN LAND ACTS OF 1999 AND 2004 |
45 Columbia Journal of Transnational Law 551 (2007) |
Like many other African countries, Tanzania has attempted to effect comprehensive land law and tenure reform in order to achieve broader economic, political, and social goals. The land acts discussed in this Note constitute Tanzania's most recent efforts in this regard. This Note attempts to explain the historical background to this land-reform... |
2007 |
| Jake J. Allen |
CONDUCTING EMBRYONIC STEM CELL RESEARCH ON NATIVE LANDS IN MICHIGAN |
11 Michigan State University Journal of Medicine & Law 395 (Summer, 2007) |
C1-3Table of Contents Introduction. 396 I. The Science and Importance of Stem Cell Research. 398 A. What Is a Stem Cell?. 398 B. How Are Stem Cells Obtained?. 399 C. Why Scientists Are Not Satisfied With Use of the Existing Federally Funded Embryonic Stem Cell Lines. 400 D. Why Scientists Are Not Satisfied with Just the Use of Adult and Cord Stem... |
2007 |
| Valerie J. M. Brader |
CONGRESS' PET: WHY THE CLEAN AIR ACT'S FAVORITISM OF CALIFORNIA IS UNCONSTITUTIONAL UNDER THE EQUAL FOOTING DOCTRINE |
13 Hastings West-Northwest Journal of Environmental Law, Policy 119 (Winter 2007) |
The Clean Air Act gives two regulatory powers to one state--California--that it forbids to all others: the power to regulate fuels, and the power to regulate motor vehicle construction. This paper makes the novel argument that by creating a differential in power between the states, these provisions violate the equal footing doctrine, and are... |
2007 |
| Peter Lavigne |
CONNECTION LINES: RE-DEFINING WESTERN AND U.S. ENVIRONMENTAL POLICY: A REVIEW ESSAY BY PETER LAVIGNE |
47 Natural Resources Journal 999 (Fall, 2007) |
The American West as a region has always been iconic and defined by images of opposites: cowboys and Indians; rogues, ruffians, and heroes. In the late twentieth and now the twenty-first centuries, a re-definition and re-thinking of conservation, environmentalism, and the West as a region is occurring. In contrast to the clearance of the red man... |
2007 |
| Thomas Gunton |
COPING WITH THE SPECTER OF URBAN MALAISE IN A POSTMODERN LANDSCAPE: THE NEED FOR A DETROIT LAND BANK AUTHORITY |
84 University of Detroit Mercy Law Review 521 (Summer 2007) |
Beginning in the middle of the last century, U.S. cities, once the resplendent centers of American industrial might and haute couture, have endured a slow, enervating decay from within. The creeping eclipse of the American metropolis is revelatory of a number of systemic, national weaknesses and is attributable to a bevy of underlying causes. The... |
2007 |
| Audrey Koecher |
CORPORATE ACCOUNTABILITY FOR ENVIRONMENTAL HUMAN RIGHTS ABUSE IN DEVELOPING NATIONS: MAKING THE CASE FOR PUNITIVE DAMAGES UNDER THE ALIEN TORT CLAIMS ACT |
17 Journal of Transnational Law & Policy 151 (Fall, 2007) |
Professors Marc Galanter and David Luban argue that punitive damages constitute the best available means for social control . . . of economically formidable wrongdoers. However, many of the most economically formidable corporations conduct operations outside the borders of the United States, where punitive damages are generally not available or... |
2007 |
| Aurelie Lopez |
CRIMINAL LIABILITY FOR ENVIRONMENTAL DAMAGE OCCURRING IN TIMES OF NON-INTERNATIONAL ARMED CONFLICT: RIGHTS AND REMEDIES |
18 Fordham Environmental Law Review 231 (Spring 2007) |
Under the Rome Statute, the International Criminal Court (ICC) has jurisdiction over the most serious crimes of concern to the international community as a whole ... committed after the statute entered into force on July 1, 2002. The expression most serious crimes encompasses genocide, crimes against humanity, war crimes and the crime of... |
2007 |
| Amy Ochoa Carson |
EAST TIMOR'S LAND TENURE PROBLEMS: A CONSIDERATION OF LAND REFORM PROGRAMS IN SOUTH AFRICA AND ZIMBABWE |
17 Indiana International & Comparative Law Review 395 (2007) |
This Note suggests ways to alleviate East Timor's land tenure problems. These problems resulted from the country's complicated history. In 2002, East Timor was given its long-awaited independence and became the world's newest nation. Since being discovered in the 1500s, East Timor was originally a Portuguese colony and, more recently, an Indonesian... |
2007 |
| Jason Stone |
EDITORIAL SYNOPSIS OF THE 30TH ANNUAL PUBLIC LAND LAW CONFERENCE |
28 Public Land & Resources Law Review 1 (2007) |
I. CONFERENCE TOPIC BACKGROUND. 1 A. Genesis - Love Canal. 2 B. Chronicle - The Upper Clark Fork River Basin. 3 II. NATIONAL PERSPECTIVES ON NRD ASSESSMENT AND RESTORATION. 6 A. Overview of NRD Law and Policy. 6 B. NRD Law and Policy - With a Special Emphasis on Indian Tribes. 8 C. National Trends and Directions in NRD. 10 III. FOCUS ON THE CLARK... |
2007 |
| Karin P. Sheldon |
EIGHT LESSONS IN SEARCH OF THE FUTURE: OBSERVATIONS ON THE OCCASION OF THE SILVER ANNIVERSARY OF THE VIRGINIA ENVIRONMENTAL LAW JOURNAL |
25 Virginia Environmental Law Journal 37 (2007) |
I. Introduction. 37 II. Where Have We Come From?. 39 III. Where Are We Going?. 42 IV. Eight Lessons. 43 A. One Size Does Not Fit All. 43 B. Strings Are Attached. 44 C. Ecosystems Are Not Just Pretty Pictures. 45 D. Environmental Law Begins at Home. 48 E. Objects in Your Mirror Are Closer Than They Appear. 50 F. We Need a Bigger Table. 51 G. Carrots... |
2007 |
| Catherine E. Beideman |
EMINENT DOMAIN AND ENVIRONMENTAL JUSTICE: A NEW STANDARD OF REVIEW IN DISCRIMINATION CASES |
34 Boston College Environmental Affairs Law Review 273 (2007) |
Abstract: Government takings of private land for public purposes are permitted by the United States Constitution. Recently, more takings have occurred that largely benefit private individuals rather than the general public. The land taken for private benefit has primarily been that of low-income and minority individuals. Similarly, toxic waste... |
2007 |
| Laura Kent-Monning |
ENDLESS EXEMPTIONS: AN ENVIRONMENTAL JUSTICE CRITIQUE OF THE ONGOING USE OF METHYL BROMIDE |
1 Golden Gate University Environmental Law Journal 175 (Summer 2007) |
I. Introduction II. Background A. Methyl Bromide B. The Montreal Protocol C. The Clean Air Act D. The Executive Order on Environmental justice III. A Critique of Critical Use Exemptions A. Critical Use Exemptions Violate the Executive Order on Environmental justice i. Executive Order Focuses on Minority Communities, Health, and the Environment I.... |
2007 |
| Mark Atlas |
ENFORCEMENT PRINCIPLES AND ENVIRONMENTAL AGENCIES: PRINCIPAL-AGENT RELATIONSHIPS IN A DELEGATED ENVIRONMENTAL PROGRAM |
41 Law and Society Review 939 (December, 2007) |
This article examines whether states shirked enforcement responsibilities in their principal-agent relationship with the federal government when implementing a delegated environmental program. It evaluates determinants of environmental enforcement stringency, particularly whether penalties were less when imposed by states than by the federal... |
2007 |
| Jennifer Cassel |
ENFORCING ENVIRONMENTAL HUMAN RIGHTS: SELECTED STRATEGIES OF US NGOS |
6 Northwestern Journal of International Human Rights 104 (Fall, 2007) |
The connection between environmental damage and human rights would seem to be self-apparent. When air is polluted by toxic fumes, people who breathe those fumes are injured, perhaps even killed. When water becomes contaminated, people who drink that water may become sick, and pregnant women who drink it may pass the contaminants on to their unborn... |
2007 |
| Katy Bartelma, Ewa Budz, John Kraemer |
ENVIRONMENTAL CRIMES |
44 American Criminal Law Review 409 (Spring, 2007) |
I. Introduction. 411 A. Criminal versus Civil Penalties. 412 B. Enforcement. 413 C. Interaction with Other Criminal Violations. 414 II. General Issues. 415 A. Overview of Elements of Environmental Criminal Violations. 415 B. Liability. 415 1. Corporate Liability. 415 2. Individual Liability. 418 C. Common Defenses. 419 1. Constitutional Defenses.... |
2007 |
| |
ENVIRONMENTAL ENFORCEMENT AND CRIMES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 61 (2007) |
According to Granta Y. Nakayama, assistant administrator for the U.S. Environmental Protection Agency's (EPA) Office of Enforcement and Compliance Assurance, [t]he EPA cop is on the beat. There is no denying this statement when reviewing the enforcement and compliance results for fiscal year (FY) 2007. Exceeding its previous record in FY 2005 by... |
2007 |
| Sierra M. Jefferies |
ENVIRONMENTAL JUSTICE AND THE SKULL VALLEY GOSHUTE INDIANS' PROPOSAL TO STORE NUCLEAR WASTE |
27 Journal of Land, Resources, and Environmental Law 409 (2007) |
This Note considers the application of various understandings of environmental justice to the recent defeat of the Skull Valley Goshutes' proposal to store high level nuclear waste on their reservation. Although opponents of the proposal framed the issue as a case of environmental racism inflicted on a poor tribe, first by the federal government... |
2007 |
| Dollie Burwell , Luke W. Cole |
ENVIRONMENTAL JUSTICE COMES FULL CIRCLE: WARREN COUNTY BEFORE AND AFTER |
1 Golden Gate University Environmental Law Journal 9 (Summer 2007) |
I. Warren County, Past and Present II. The PCB Spill and Proposed Cleanup, 1978-1982 A. Community Reaction, 1978-1979 B. The State Chooses Warren County, 1978-1979 C. Local Opposition Escalates, 1979-1981 D. The Legal Approach Fails, 1982 III. The Waste Comes to Warren County, 1982 A. A Community Defends Itself, September-October 1982 B. Political... |
2007 |
| Melody Kapilialoha MacKenzie, Susan K. Serrano, Koalani Laura Kaulukukui |
ENVIRONMENTAL JUSTICE FOR INDIGENOUS HAWAIIANS: RECLAIMING LAND AND RESOURCES |
21-WTR Natural Resources & Environment 37 (Winter, 2007) |
Hnau ka 'ina, hnau ke ali'i, hnau ke kanaka. Born was the land, born were the chiefs, born were the common people. Mary Kawena Pukui, lelo No'eau, Hawaiian Proverbs & Poetical Sayings 56 (1983). So begins an ancient proverb that describes the inseparable spiritualand genealogicalconnection between Native Hawaiians and their land and... |
2007 |
| Benjamin Rajotte |
ENVIRONMENTAL JUSTICE IN NEW ORLEANS: A NEW LEASE ON LIFE FOR TITLE VIII? |
21 Tulane Environmental Law Journal 51 (Winter 2007) |
I. Introduction. 51 II. Disparate Impacts in the Reconstruction of New Orleans. 53 III. Applying Title VIII to the Reconstruction. 60 A. Title VIII's Main Features. 60 B. Potential § 3604(b) Claim. 60 1. In Connection with the Sale or Rental of Housing. 64 2. Services, Facilities, or Privileges . 70 C. Potential § 3617 Claim. 77 D. No... |
2007 |
| J. Mijin Cha |
ENVIRONMENTAL JUSTICE IN RURAL SOUTH ASIA: APPLYING LESSONS LEARNED FROM THE UNITED STATES IN FIGHTING FOR INDIGENOUS COMMUNITIES' RIGHTS AND ACCESS TO COMMON RESOURCES |
19 Georgetown International Environmental Law Review 185 (Winter, 2007) |
C1-3Contents I. Introduction. 186 II. The Beginning of Environmental justice: A Fight Against Environmental racism. 188 A. Emergence of Race in Environmental Discussions. 189 B. Characteristics of the Environmental justice Movement. 190 C. The Importance of Movement Inclusivity and Diversity of Tools Used to Achieve Environmental justice. 192 III.... |
2007 |
| Laura Karvosky |
EPA GIVES ANIMAL FEEDING OPERATIONS IMMUNITY FROM ENVIRONMENTAL STATUTES IN A "SWEETHEART DEAL" |
8 Vermont Journal of Environmental Law 115 (2006-2007) |
In the United States the farming industry has shifted from small, family-owned farms to corporate conglomerates manufacturing large concentrations of animals in confined spaces. These operations are referred to as Animal Feeding Operations (AFOs) or factory farms. Hog farming is a prime example of the current trend across the agriculture sector... |
2007 |
| Nita Ghei |
EVALUATING THE WTO'S TWO STEP TEST FOR ENVIRONMENTAL MEASURES UNDER ARTICLE XX |
18 Colorado Journal of International Environmental Law and Policy 117 (Winter 2007) |
Both free trade proponents and environmental activists have expressed considerable dissatisfaction with respect to the WTO's exercise of authority on the impact of environmental measures on international trade. This article first sets out an analytical framework, based on public choice theory, which examines the incentives to implement measures to... |
2007 |
| Richard Webster |
FEDERAL ENVIRONMENTAL ENFORCEMENT: IS LESS MORE? |
18 Fordham Environmental Law Review 303 (Spring 2007) |
The world of environmental enforcement is deliberately shrouded in mystery and is rife with strategic behavior among a limited number of players. Thus, the pre-requisite conditions for a race-to-the-bottom are in place. Such a race-to-the-bottom entails a lowering of environmental standards that also produces a lowering in net social welfare, i.e.,... |
2007 |
| John B. Weldon, Jr. , Lisa M. McKnight |
FUTURE INDIAN WATER SETTLEMENTS IN ARIZONA: THE RACE TO THE BOTTOM OF THE WATERHOLE? |
49 Arizona Law Review 441 (Summer 2007) |
Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... |
2007 |
| Carmen G. Gonzalez |
GENETICALLY MODIFIED ORGANISMS AND JUSTICE: THE INTERNATIONAL ENVIRONMENTAL JUSTICE IMPLICATIONS OF BIOTECHNOLOGY |
19 Georgetown International Environmental Law Review 583 (Summer, 2007) |
C1-2Contents Introduction. 584 I. Environmental justice and the GMO Controversy. 589 A. International Environmental justice: Integrating Human Rights and Environmental Protection. 589 B. The Roots of International Environmental Injustice: Poverty, Hunger, and Environmental Degradation. 593 C. The GMO Controversy in Historical Context. 595 1. The... |
2007 |
| David L. McMurray, Jr. |
GENOMICS & ETHNICITY: USING A TOOL IN THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S ENVIRONMENTAL JUSTICE TOOLKIT |
10 Journal of Health Care Law and Policy 187 (2007) |
While a relatively new issue, environmental justice has had a major impact on environmental law. The environmental justice movement encourages the development of environmental laws that fairly treat persons regardless of race or income. The movement is the result of disproportionate treatment of minority groups, both real and perceived. Results of... |
2007 |
| David S. Henkel, Jr. |
GROWING SMARTER: ACHIEVING LIVABLE COMMUNITIES, ENVIRONMENTAL JUSTICE, AND REGIONAL EQUITY |
59 Planning & Environmental Law 9 (November, 2007) |
Growing Smarter: Achieving Livable Communities, Environmental justice, and Regional Equity, Robert D. Bullard, editor; foreword by Carl Anthony. 2007.The MIT Press, Cambridge, Massachusetts. Growing Smarter addresses the effects of suburban sprawl caused by the intersection of development incentives, land use policy, and metropolitan transportation... |
2007 |
| Alan Boyle |
HUMAN RIGHTS OR ENVIRONMENTAL RIGHTS? A REASSESSMENT |
18 Fordham Environmental Law Review 471 (Symposium, 2007) |
Environmental rights do not fit neatly into any single category or generation of human rights. They can be viewed from at least three perspectives, straddling all the various categories or generations of human rights. First, existing civil and political rights can be used to give individuals, groups and nongovernmental organizations (NGOs) access... |
2007 |
| Judith Wise |
HUNGER AND THIEVES: ANTICIPATING THE IMPACT OF WTO SUBSIDIES REFORM ON LAND AND SURVIVAL IN BRAZIL |
31 American Indian Law Review 531 (2006-2007) |
Todo Mundo Tem Direito a Vida Todo Mundo Tem Direito Igual -Lenine After many months of fractious debate, the World Trade Organization's Doha Round of negotiations is dead on the table. Ultimately, the state parties could not agree on a plan that would keep the promise they had made themselves at the ministerial meeting in Hong Kong, in December... |
2007 |
| Mary Jane Angelo , Mark T. Brown |
INCORPORATING EMERGY SYNTHESIS INTO ENVIRONMENTAL LAW: AN INTEGRATION OF ECOLOGY, ECONOMICS, AND LAW |
37 Environmental Law 963 (Fall 2007) |
Emergy synthesis, first developed by Dr. Howard T. Odum in the 1970s, and further expanded and refined by other scholars over the past thirty years, has the potential to transform environmental decision making by providing a methodology that can integrate ecology, economics, and law. Virtually all areas of environmental law are concerned in some... |
2007 |
| Patrick W. Wandres |
INDIAN LAND CLAIMS: SHERRILL AND THE IMPENDING LEGACY OF THE DOCTRINE OF LACHES |
31 American Indian Law Review 131 (2006-2007) |
Indian land disputes have been the source of legal controversy since the founding of the United States. In 1970, lands purchased, confiscated, or otherwise acquired by the United States from Indian tribes had an estimated value of over $560,000,000,000. Indian tribes had remote success in the hard-fought federal litigation of land claims until... |
2007 |
| Summer Sylva |
INDIGENIZING WATER LAW IN THE 21ST CENTURY: NA MOKU AUPUNI O KO'OLAU HUI, A NATIVE HAWAIIAN CASE STUDY |
16 Cornell Journal of Law & Public Policy 563 (Summer 2007) |
INTRODUCTION: THE CONTEMPORARY LANDSCAPE OF WATER LAW IN HAWAII. 563 I. NATIVE HAWAIIAN UNDERSTANDINGS OF WATER. 566 II. HAWAII'S PUBLIC TRUST DOCTRINE. 568 III. HAWAII'S LEADING WATER LAW CASES. 572 IV. NA MOKU CASE STUDY. 576 CONCLUSION. 578 |
2007 |
| Rebecca Tsosie |
INDIGENOUS PEOPLE AND ENVIRONMENTAL JUSTICE: THE IMPACT OF CLIMATE CHANGE |
78 University of Colorado Law Review 1625 (Fall 2007) |
The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article... |
2007 |
| Joseph Kieyah JD/PhD |
INDIGENOUS PEOPLES' LAND RIGHTS IN KENYA: A CASE STUDY OF THE MAASAI AND OGIEK PEOPLE |
15 Penn State Environmental Law Review 397 (Spring 2007) |
I. Introduction. 398 II. Historical Background. 400 A. Pre-Colonial Era. 400 B. Colonial Era. 402 C. Post-Colonial Era. 404 III. Evolution of Land Laws. 406 A. Protectorate Status. 406 B. Land Laws. 407 1. Policy of Land Occupied by Europeans. 407 2. Policy of Land Occupied by Africans. 408 IV. Legal Analysis of Protection of Maasai Land Rights.... |
2007 |
| |
INTERNATIONAL ENVIRONMENTAL LAW |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 97 (2007) |
This report reviews some of the major developments in international environmental law (IEL) during 2007. It discusses developments under relevant bilateral and multilateral international agreements, provides highlights from major conferences and meetings, and surveys significant reports and other publications. It is, by necessity, selective rather... |
2007 |
| Raechel Anglin |
INTERNATIONAL ENVIRONMENTAL LAW GETS ITS SEA LEGS: HAZARDOUS WASTE DUMPING CLAIMS UNDER THE ATCA |
26 Yale Law and Policy Review 231 (Fall 2007) |
Prologue: Hazardous Waste Crisis in Côte d'Ivoire. 232 Introduction. 233 I. Contemporary ATCA Jurisprudence: How a Law of Nations Norm Is Defined. 240 II. The International Norm Against Dumping as a Law of Nations: Definition and Consensus. 245 A. Defining the Norm Against Dumping. 246 B. International Consensus Against Dumping Hazardous Waste... |
2007 |
| Timo Koivurova |
INTERNATIONAL LEGAL AVENUES TO ADDRESS THE PLIGHT OF VICTIMS OF CLIMATE CHANGE: PROBLEMS AND PROSPECTS |
22 Journal of Environmental Law & Litigation 267 (2007) |
I. Taking Climate Change to International Legal Proceedings. 270 A. Climate Regime. 272 B. General International Law. 278 C. Sector Regimes. 283 II. Inuit vs. United States: Petition to the IACHR Regarding Destructive Impacts of Climate Change. 285 A. The Inuit Petition. 286 B. Possible Consequences of the IACHR's Decision. 293 III. Conclusion. 295 |
2007 |
| Vivian H.W. Wang |
INVESTOR PROTECTION OR ENVIRONMENTAL PROTECTION? "GREEN" DEVELOPMENT UNDER CAFTA |
32 Columbia Journal of Environmental Law 251 (2007) |
Introduction. 251 I. CAFTA's Framework for Investor and Environmental Protection. 257 A. Environmental Regulations as Indirect Expropriation. 259 1. What is Indirect Expropriation?. 259 2. Case Studies: Metalclad v. United Mexican States and Methanex v. United States. 263 B. Citizen Submissions on Environmental Enforcement.. 270 II. Increased... |
2007 |
| Gwendolyn Leachman, Ph.D., Jurisprudence and Social Policy, 2010 (UC Berkeley) |
JORDAN V. ALTERNATIVE RES. CORP.: THE FOURTH CIRCUIT LIMITS PROTECTION FROM RETALIATION FOR EMPLOYEES REPORTING A HOSTILE WORK ENVIRONMENT |
28 Berkeley Journal of Employment and Labor Law 599 (2007) |
An employee makes a grossly racially discriminatory remark at work, and is discovered to have made many similar comments in the past. Is the fellow employee who reports the remark to his employer--pursuant to the employer's anti-discrimination policy--protected from retaliatory discharge? If you said yes, you're not a reasonable person, at least... |
2007 |
| Michael C. Blumm , Sherry L. Bosse |
JUSTICE KENNEDY AND THE ENVIRONMENT: PROPERTY, STATES' RIGHTS, AND A PERSISTENT SEARCH FOR NEXUS |
82 Washington Law Review 667 (August, 2007) |
Abstract: Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court's crucial voice in environmental law cases. Kennedy's central role was never more evident than in the two most celebrated environmental cases of the last few years, Kelo v. City of New London and Rapanos v. United States, as he supplied the critical vote in... |
2007 |
| D. Michael McBride, III , H. Leonard Court |
LABOR REGULATION, UNION AVOIDANCE AND ORGANIZED LABOR RELATIONS STRATEGIES ON TRIBAL LANDS: NEW INDIAN GAMING STRATEGIES IN THE WAKE OF SAN MANUEL BAND OF INDIANS V. NATIONAL LABOR RELATIONS BOARD |
40 John Marshall Law Review 1259 (Summer 2007) |
I. Introduction. 1260 II. San Manuel Historical Background. 1261 III. Inherent Tribal Government Powers and Federal Relationship. 1265 IV. Background of Federal Laws Applying to or Exempting Tribes. 1267 V. Analysis of San Manuel. 1259 VI. NLRB Historic Treatment of Tribes and NLRA Strategies for Tribal Governments and Their Enterprises. 1283 A.... |
2007 |
| Edward W. McClenathan |
LAND USE IMPLICATIONS OF CASINOS AND RACINOS ON LOCAL GOVERNMENTS IN NEW YORK STATE |
39 Urban Lawyer 111 (Winter, 2007) |
Since the mid-1970s, municipalities across the country have entertained the idea of casino-style gambling as a means of solving many local problems. In 1976, buoyed by the economic success of Las Vegas, Nevada, Atlantic City, New Jersey looked to casino gambling as a tool to address urban decay. The casinos in Atlantic City were built and became... |
2007 |
| Dave Owen |
LAW, ENVIRONMENTAL DYNAMISM, RELIABILITY: THE RISE AND FALL OF CALFED |
37 Environmental Law 1145 (Fall 2007) |
This Article examines the conceptual frameworks often used to understand and resolve controversies involving scarce and legally protected natural resources. It proposes that traditional frameworks, though ingrained in legal structures and conventional expectations, fail to adequately address tensions between resource consumption, environmental... |
2007 |
| Jona Razzaque |
LINKING HUMAN RIGHTS, DEVELOPMENT, AND ENVIRONMENT: EXPERIENCES FROM LITIGATION IN SOUTH ASIA |
18 Fordham Environmental Law Review 587 (Symposium, 2007) |
Despite having several procedural routes to bring actions in the court, public interest litigation seems to be the often-used tool used by the community groups in India, Pakistan and Bangladesh to protect the environment. In recent years, the decisions of the courts integrate both social and ecological concerns with particular attention to... |
2007 |
| Shi-Ling Hsu , Austen L. Parrish |
LITIGATING CANADA-U.S. TRANSBOUNDARY HARM: INTERNATIONAL ENVIRONMENTAL LAWMAKING AND THE THREAT OF EXTRATERRITORIAL RECIPROCITY |
48 Virginia Journal of International Law 1 (Fall 2007) |
Introduction. 2 I. Context: The U.S.-Canada Relationship. 7 A. A History of Dispute Avoidance and Peaceful Resolution. 7 B. The Retreat from Bilateralism. 14 II. Canada's Transboundary Pollution Problem. 24 A. A History of Transboundary Air Pollution. 25 B. The Makings of a Transboundary Air Pollution Lawsuit. 29 III. Exploring Domestic Solutions:... |
2007 |
| Eileen Gauna |
LNG FACILITY SITING AND ENVIRONMENTAL (IN)JUSTICE: IS IT TIME FOR A NATIONAL SITING SCHEME? |
2 Environmental & Energy Law & Policy Journal 85 (Summer 2007) |
I. Environmental justice: A Brief History. 87 A. The Historical Context. 87 B. The Siting Context in Particular. 89 II. The LNG Initiative: NIMBY on a National Scale. 100 III. The Road to a National Siting Scheme-- Some Exploratory Thoughts. 106 IV. Conclusion. 115 |
2007 |
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MARINE RESOURCES |
2007 ABA Environment, Energy, and Resources Law: The Year in Review 231 (2007) |
The Marine Resources Committee deals with diverse disciplines focused on the marine environment. The geographical breadth of that environment -- embracing coastal, estuarine, near-shore, outer continental shelf, and international waters -- is matched by the range of issues that arise in addressing the development, management, and protection of... |
2007 |
| Stephen Higgs |
MEDIATING SUSTAINABILITY: THE PUBLIC INTEREST MEDIATOR IN THE NEW ZEALAND ENVIRONMENT COURT |
37 Environmental Law 61 (Winter 2007) |
The New Zealand Environment Court is a unique institution unlike any in the United States. The court is the principle adjudicator of disputes arising under the Resource Management Act or RMA, the first legislation in the world designed to achieve sustainability. In addition to rendering decisions, the court maintains an innovative mediation service... |
2007 |
| Jonathan G. Dorn |
NAAEC CITIZEN SUBMISSIONS AGAINST MEXICO: AN ANALYSIS OF THE EFFECTIVENESS OF A PARTICIPATORY APPROACH TO ENVIRONMENTAL LAW ENFORCEMENT |
20 Georgetown International Environmental Law Review 129 (Fall, 2007) |
With the recent free trade debate surrounding the Central American Free Trade Agreement (CAFTA), the time seems ripe to assess the effectiveness of the North American Agreement on Environmental Cooperation (NAAEC) at promoting environmental law enforcement in Mexico and improving Mexico's environment. The NAAEC is a side agreement to the North... |
2007 |