| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TribE'S UNDERSTANDING |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes... |
2020 |
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| Barry E. Hill |
ENVIRONMENTAL RIGHTS, PUBLIC TRUST, AND PUBLIC NUISANCE: ADDRESSING CLIMATE INJUSTICES THROUGH STATE CLIMATE LIABILITY LITIGATION |
50 Environmental Law Reporter (ELI) 11022 (December, 2020) |
This Article focuses on an area of rapidly evolving jurisprudence--climate liability litigation. It examines in depth the state attorney general's complaint filed in Rhode Island v. Chevron Corp. in 2018, alleging various state-law tort claims. It explores the intensely sustained legal battles taking place between states and fossil fuel companies... |
2020 |
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| Rachael Jaffe |
EQUITY & ECOLOGY IN SOUTH AFRICAN WATER SYSTEMS |
23 University of Denver Water Law Review 147 (Spring, 2020) |
The South African Constitution promises food, water, and shelter to every South African--three essentials to human life. Yet, not everyone in South Africa has access to these imperative basics. South Africa's idealistic Constitution guarantees the right to sufficient food and water and access to adequate housing. However, despite this promise,... |
2020 |
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| Joshua Ozymy , Melissa L. Jarrell |
EXPLORING THE ROLE OF VICTIMS IN FEDERAL ENVIRONMENTAL CRIME PROSECUTIONS, 1983-2019 |
57 Willamette Law Review 25 (Fall, 2020) |
While individuals are victimized directly or as a consequence of environmental crimes in the United States, little is known about these victims or the role their victimization plays in federal environmental crime prosecutions. Through content analysis of 2,588 of the Environmental Protection Agency's criminal prosecution case summaries, 1983-2019,... |
2020 |
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| Dani L. Replogle |
FORECASTING CLIMATE CHAOS: NEPA'S ROLE IN COUNTERING FOSSIL FUEL EXTRACTION ON PUBLIC LANDS |
50 Environmental Law 523 (Spring, 2020) |
This Comment dissects an influential line of cases out of the Tenth Circuit in order to better understand how courts are holding federal agencies accountable for the climatic effects of fossil fuel extraction on public lands. While the judiciary is beginning to require that agencies quantify downstream emissions and consider the impacts of these... |
2020 |
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| Kenneth Stahl |
HOME RULE AND STATE PREEMPTION OF LOCAL LAND USE CONTROL |
50 Urban Lawyer 179 (2020) |
Though local governments have historically made most land-use decisions, the housing crisis now gripping many parts of the country has caused state legislatures in places like California, Oregon, Maryland, and Virginia to consider a more assertive role in regulating land use, preempting some local authority. The conflict between states and... |
2020 |
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| Nadiyah J. Humber |
IN WEST PHILADELPHIA BORN AND RAISED OR MOVING TO BEL-AIR? RACIAL STEERING AS A CONSEQUENCE OF USING RACE DATA ON REAL ESTATE WEBSITES |
17 Hastings Race and Poverty Law Journal 133 (Winter, 2020) |
Current fair housing laws are not entirely equipped to deal with issues of housing discrimination on the internet, particularly the practice of racial steering, where a homebuyer is directed away from certain communities based on racial demographics. Courts interpret these kind of steering claims as requiring a showing of discriminatory intent, yet... |
2020 |
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| Kylie M. Allen |
IndigenOUS NUCLEAR INJURIES AND THE RADIATION EXPOSURE COMPENSATION ACT (RECA): REFRAMING COMPENSATION TOWARD IndigenOUS-LED ENVIRONMENTAL REPARATIONS |
10 Arizona Journal of Environmental Law & Policy 264 (Spring, 2020) |
Indigenous Nations have borne a wide array of harms as a result of U.S. nuclear policy. The extraction and processing of nuclear materials and testing of nuclear weapons have caused extensive health problems for Indigenous Peoples. Given that most nuclear facilities are located on tribal and traditional lands, Indigenous Peoples have been... |
2020 |
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| Alyson C. Flournoy |
INTEGRATIVE ENVIRONMENTAL LAW: A PRESCRIPTION FOR LAW IN THE TIME OF CLIMATE CHANGE |
30 Duke Environmental Law and Policy Forum 225 (Spring, 2020) |
As the magnitude of the threat posed by climate change has become increasingly apparent, scholars and practitioners have begun a dialogue about how to reform environmental law to meet the challenge. Concepts like adaptive management, sustainability, and resilience have emerged in succession, as policy makers and scholars search for new moorings for... |
2020 |
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| Dana Zartner, JD, LLM, Ph.D. |
JUSTICE FOR JURISTAC: USING INTERNationAL AND COMPARATIVE LAW TO PROTECT IndigenOUS LANDS |
18 Santa Clara Journal of International Law 175 (June 3, 2020) |
Battles between extractivist industries and indigenous peoples and environmentalists are raging around the world, as well as in our own backyard. At the southern end of the Santa Cruz Mountains in an area called Sargent Ranch, the Amah Mutsun Tribal Band is currently fighting to prevent the creation of a sand and gravel mine on their sacred lands.... |
2020 |
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| Coty Montag |
LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT |
55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) |
Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... |
2020 |
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| Michael T. Olexa , Lauren Hill , Travis M. Walker , Damian C. Adams |
LIMITATIONS TO STATEWIDE REACH OF LAND GRANT UNIVERSITIES - FLORIDA AS A CAUTIONARY TALE |
25 Drake Journal of Agricultural Law 323 (Fall, 2020) |
324 I. Introduction. 324 II. The Creation of the Land Grant College System. 327 A. Justin Morrill's Personal Struggles to Achieve Upper-Level Education. 328 B. The Morrill Act of 1862. 329 C. The Morrill Act of 1890. 333 D. Extending the Land Grant College Beyond the Four Walls of the School--The Hatch Smith-Lever Acts. 337 1. The... |
2020 |
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| Lily Grisafi |
LIVING IN THE BLAST ZONE: SEXUAL VIOLENCE PIPED ONTO NATIVE LAND BY EXTRACTIVE INDUSTRIES |
53 Columbia Journal of Law and Social Problems 509 (Summer, 2020) |
Native American women around the country, and particularly those living near extractive industries, face an epidemic of sexual violence. The high rates of violence against Native women are due in large part to the lack of liability for those most responsible. Flaws in United States and tribal criminal justice systems create de facto jurisdictional... |
2020 |
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| Sarah Fox |
LOCALIZING ENVIRONMENTAL FEDERALISM |
54 U.C. Davis Law Review 133 (November, 2020) |
Local environmental initiatives have gained attention and importance in the face of inaction by the federal government and many states. In taking these initiatives, local governments are not only furthering environmental protections, but also fulfilling an important federalism function. Environmental federalism theory has long highlighted the... |
2020 |
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| Sarah Dávila-Ruhaak |
MAKING A CASE FOR THE RIGHT TO A HEALTHY ENVIRONMENT FOR THE PROTECTION OF VULNERABLE COMMUNITIES: A CASE OF COAL-ASH DISASTER IN PUERTO RICO |
9 Michigan Journal of Environmental & Administrative Law 379 (Spring, 2020) |
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person's ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right... |
2020 |
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| Coty Montag |
MUNICIPAL POWER AND RACIAL INJUSTICE: SOLUTIONS FOR WATER DISCRIMINation |
34-SPG Natural Resources & Environment 16 (Spring, 2020) |
Albert Pickett, a Black man and lifelong resident of East Cleveland, Ohio, has lived without running water in his home for six years. Pickett v. City of Cleveland, No. 19-cv-2911, Complaint at 23 (N.D. Ohio Dec. 18, 2019), naacpldf.org/wp-content/uploads/Pickett-Filed-Complaint.pdf. His sole income is disability benefits. Pickett owns and lives in... |
2020 |
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| Martin A. McCrory , Anjanette H. Raymond |
NAVIGATING MURKY WATERS: THE RISE AND FALL OF CLEAN WATER PROTECTION IN THE UNITED STATES |
29 Southern California Review of Law & Social Justice 143 (Summer, 2020) |
In rivers, the water that you touch is the last of what has past and the first of that which comes . According to water quality and monitoring violations from the Environmental Protection Agency (EPA), an estimated 63 million people in America were exposed to potentially unsafe water more than once during the past decade. These failures have... |
2020 |
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| Lily Grisafi |
PROSECUTING INTERNationAL ENVIRONMENTAL CRIME COMMITTED AGAINST IndigenOUS PEOPLES IN BRAZIL |
5 Columbia Human Rights Law Review Online 26 (November 10, 2020) |
This Article investigates current international environmental crimes perpetrated against the indigenous peoples of the Brazilian Amazon and details how and why these crimes must be investigated and prosecuted at the International Criminal Court (ICC). First, this Article illustrates the severity of the environmental crimes in the Brazilian Amazon,... |
2020 |
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| Henry Holmes |
PROTECTING WETLANDS: ENVIRONMENTAL FEDERALISM AND GRASSROOTS CONSERVATION IN THE PRAIRIE POTHOLE REGION |
10 Arizona Journal of Environmental Law & Policy 365 (Summer, 2020) |
Wetlands provide a multitude of benefits including flood protection, clean water, carbon sequestration, and critical species habitat. Given that wetlands are valuable natural resources, it is important to better understand the extent to which federal regulation impacts optimal wetlands conservation. Where federal regulation under the 2015 Clean... |
2020 |
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| Jack Brooksbank |
PUBLIC HEALTH vs. PUBLIC HEALTH: BALANCING ENVIRONMENTAL CONCERNS WITH THE NEED FOR STERILE MEDICAL DEVICES |
21 Minnesota Journal of Law, Science & Technology 441 (September 11, 2020) |
In December 2016, the Environmental Protection Agency (EPA) upgraded the hazard level of a chemical called ethylene oxide (ETO) from a probable human carcinogen to a human carcinogen. Less than two years later, the EPA made public that it had found an elevated risk of cancer in the town of Willowbrook, Illinois. Willowbrook is a village on the... |
2020 |
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| Jonathan Rosenbloom |
REDUCING RACIAL BIAS EMBEDDED IN LAND USE CODES |
26 CITYLAW 49 (2020) |
Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, 245 U.S. 60 (1917) it has long been known that zoning continues to create or increase racial and economic segregation. Today communities across the U.S. are reexamining their zoning regulations to create more equal, equitable,... |
2020 |
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| Meghan Knapp |
ROMANI WOMEN'S RIGHT TO WATER: BRINGING INTERSECTIONAL DISCRIMINation CLAIMS IN THE E.U. |
29 Minnesota Journal of International Law 151 (Spring, 2020) |
Water, water every where, nor any drop to drink. Coleridge's famous words reflected the situation of sailors on a ship, but the words hold true for the situation of many on land today. 2.1 billion people lack access to safe drinking water at home, and by 2025, half of the world will live in a water-stressed area. While the mind may more readily... |
2020 |
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| Thomas O. McGarity |
SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN COMPLEX ENVIRONMENTAL LITIGATION |
98 Texas Law Review 1405 (June, 2020) |
After an anonymous source tipped the Environmental Protection Agency (EPA) off to a site operated by the Massachusetts Highway Department (MHD) containing unlabeled barrels, corroded drums, and stained soil, EPA found similar conditions at several MHD disposal sites that violated state and federal environmental laws. An EPA enforcement official... |
2020 |
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| Karen J. Pita Loor |
TEAR GAS + WATER HOSES + DISPERSAL ORDERS: THE FOURTH AMENDMENT ENDORSES BRUTALITY IN PROTEST POLICING |
100 Boston University Law Review 817 (May, 2020) |
Thirty years ago, in Graham v. Connor, the Supreme Court determined that excessive-force claims against police should proceed via the Fourth Amendment, which theoretically protects an individual against unreasonable siezures. However, the Court showed extreme deference to law enforcement's use of force by using a permissive reasonableness analysis... |
2020 |
|
| Rebecca Bratspies |
'TERRITORY IS EVERYTHING': AFRO-COLOMBIAN COMMUNITIES, HUMAN RIGHTS AND ILLEGAL LAND GRABS |
4 Columbia Human Rights Law Review Online 290 (May 27, 2020) |
In Colombia, the struggle over land rights often pits the cultural and economic interests of indigenous and marginalized peoples against the governments that are supposed to protect their rights under law. Rural Afro-Colombian women seeking to vindicate their land rights find themselves at the mercy of multiple vectors of discrimination: they are... |
2020 |
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| Kenneth R. Davis |
THE "SEVERE AND PERVERS-IVE" STANDARD OF HOSTILE WORK ENVIRONMENT LAW: BEHOLD THE MOTIVATING FACTOR TEST |
72 Rutgers University Law Review 401 (Winter, 2020) |
C1-2Table of Contents Introduction. 402 I. Individual Disparate Treatment Law. 407 A. Dual Tracks for Resolving Individual Disparate Treatment Cases. 408 1. McDonnell Douglas Corp. v. Green: Pretext Cases. 408 2. Price Waterhouse v. Hopkins: Mixed-Motive Cases. 410 3. The Civil Rights Act of 1991: Codification of the Motivating Factor Test. 414 4.... |
2020 |
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| Hope M. Babcock |
THE CURRENT ROLE OF THE ENVIRONMENT IN REINFORCING ACTS OF DOMESTIC TERRORISM: HOW FEAR OF A CLIMATE CHANGE APOCALYPSE MAY STRENGTHEN RIGHT-WING HATE GROUPS |
38 Virginia Environmental Law Journal 207 (2020) |
Right-wing extremist organizations, like white supremacists and nativists, are using the environment as a rallying cry to gain supporters of their anti-social agendas. Apocalyptic rhetoric about climate change and the lack of action to combat it has frightened some people into accepting the simplistic, violent worldview of these groups. Although... |
2020 |
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| Scott Murphy |
THE DEVELOPMENT OF IndigenOUS ENVIRONMENTAL LAW IN THE UNITED STATES: FROM THE NINETEENTH CENTURY TO THE DAKOTA ACCESS PIPELINE CONTROVERSY |
10 Chicago-Kent Journal of Environmental and Energy Law 60 (Fall, 2020) |
The area of Indigenous land rights highlights the intersection of environmental law and human rights law. This is due to the intimate connection many Indigenous communities perceive between themselves and nature. Indigenous peoples have struggled to achieve justice through the modern legal system, due in good part to the unreceptiveness of Western... |
2020 |
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| Bain Attwood |
THE LIMITS OF THE LAW IN CLAIMING RIGHTS TO LAND IN A SETTLER COLONY: SOUTH AUSTRALIA IN THE EARLY-TO-MID NINETEENTH CENTURY |
38 Law and History Review 631 (November, 2020) |
In the closing decades of the twentieth century, as indigenous peoples in the United States, Canada, Australia, and New Zealand increasingly filed legal suits to regain their lands or win compensation for lands that they had lost, scholars increasingly devoted themselves to the task of explaining the ways in which European powers had laid claim to... |
2020 |
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| Brigham Daniels , Andrew P. Follett , Joshua Davis |
THE MAKING OF THE CLEAN AIR ACT |
71 Hastings Law Journal 901 (May, 2020) |
The 1970 Clean Air Act is arguably Congress' most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both the physical environment and the contours of environmental law. Much less, however, has been written on the genesis of the Act itself. Where its history is discussed,... |
2020 |
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| Jack Davis |
THE PUBLIC USE OF REPARATIONS: HOW LAND-BASED REPARATIONS CAN SATISFY THE PUBLIC USE REQUIREMENT OF THE TAKINGS CLAUSE |
104 Minnesota Law Review 2105 (April, 2020) |
Emancipation, one of our nation's boldest and most morally profound acts, rested upon the hope that a dramatic reconception of property would take root. Almost four million African Americans gained the rights and remedies of personhood, no longer to be property. This transformation also carried with it one of our nation's most enduring property... |
2020 |
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| Gayathri D. Naik |
THE RIGHT TO A CLEAN ENVIRONMENT IN INDIA: GENDER PERSPECTIVE |
21 Vermont Journal of Environmental Law 371 (Spring, 2020) |
I. Introduction. 372 II. Right to Environment: Content and Context. 374 A. A Substantive Right. 375 1. Right to a Clean Environment as a Constitutional Right. 376 2. Right to a Clean Environment as a Human Right. 379 B. Procedural Right. 382 1. Access to Information. 384 2. Public Participation. 385 3. Access to Justice. 387 C. The Right to a Clean... |
2020 |
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| Laurence Boisson de Chazournes |
THE SUSTAINABLE DEVELOPMENT GOALS (SDGS) AND THE RULE OF LAW: A PROPOS SDG 6 ON ACCESS TO WATER AND SANITATION |
114 American Society of International Law Proceedings 143 (June 25-26, 2020) |
The rule of law and the Sustainable Development Goals (SDGs) are mutually supportive. Respect for the rule of law is indeed crucial for development issues. The 2030 Agenda for Sustainable Development itself acknowledges, through SDG 16, that access to justice and the rule of law foster sustainable development. The latter ensures that all... |
2020 |
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| Katrina M. Wyman, Danielle Spiegel-Feld |
THE URBAN ENVIRONMENTAL RENAISSANCE |
108 California Law Review 305 (April, 2020) |
City governments were an important source of environmental protection in the United States from the 1800s until well into the 1900s. However, since Congress passed a series of landmark environmental statutes in the 1970s, scholars have primarily equated environmental law with federal law. To the extent that scholars consider subnational sources of... |
2020 |
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| Erin M. Hodgson |
THIRSTY FOR JUSTICE: HOW THE FLINT WATER CRISIS HIGHLIGHTS THE INSUFFICIENCY OF THE CITIZEN SUIT PROVISION OF THE SAFE DRINKING WATER ACT |
44 Southern Illinois University Law Journal 347 (Winter, 2020) |
In 1974, the Safe Drinking Water Act was enacted in order to protect the quality of drinking water in the United States. Like many pieces of environmental legislation at the time, it included a citizen suit provision, an avenue by which ordinary citizens could seek to ensure compliance with the Act and safeguard their ability to access safe... |
2020 |
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| K-Sue Park |
THIS LAND IS NOT OUR LAND |
87 University of Chicago Law Review 1977 (October, 2020) |
The story of our relationship to the earth is written more truthfully on the land than on the page. It lasts there. The land remembers what we said and what we did. -Robin Wall Kimmerer, Braiding Sweetgrass 341 (Milkweed 2013) The land and the wealth that began in it still carry the shape of history .. The land remembers. But what do we remember... |
2020 |
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| Sophia Sepúlveda Harms |
TOWARD A GREEN NEW TREATY DEAL: REFORMS TO ISDS AMID ENVIRONMENTAL CRISIS |
58 Houston Law Review 479 (Fall, 2020) |
Foreign investment has played a pivotal role in contributing to economic growth. As a result, developing countries continue to shape their policies to remain an attractive target for investment. As the number of foreign investments has increased, so too have the number of investment disputes, resulting in billions of dollars in awards against host... |
2020 |
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| Annie Brett |
TRANSBOUNDARY WATERS |
44 Harvard Environmental Law Review 473 (2020) |
In 2018, toxic algae spread from Lake Okeechobee through the State of Florida, leading to a state of emergency and costing the state over $17 million. Similar toxic algal blooms have become an annual occurrence throughout the country and highlighted the pervasive issues with the U.S. water supply. Inadequate and incomplete monitoring data means... |
2020 |
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| Robert W. Adler |
TRANSLATIONAL ECOLOGY AND ENVIRONMENTAL LAW |
50 Environmental Law 703 (Summer, 2020) |
Translational ecology is a comparatively new approach to the pursuit of ecology and other environmental sciences, the implications of which for environmental law have not previously been explored significantly. Emulating the concepts of translational medicine, proponents of translational ecology seek to increase the relevance of their research of... |
2020 |
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| Jonathan H. Adler |
UNCOOPERATIVE ENVIRONMENTAL FEDERALISM 2.0 |
71 Hastings Law Journal 1101 (June, 2020) |
As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This Essay provides a... |
2020 |
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| Albert C. Lin |
UNCOOPERATIVE ENVIRONMENTAL FEDERALISM: STATE SUITS AGAINST THE FEDERAL GOVERNMENT IN AN AGE OF POLITICAL POLARIZATION |
88 George Washington Law Review 890 (July, 2020) |
The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards... |
2020 |
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| Heidi R. Weimer |
UP THE ETHICAL CREEK WITHOUT A PADDLE: HOW IMPOSSIBLE DEMANDS ON PLAINTIFFS' ATTORNEYS IN THE FLINT WATER CRISIS CLASS ACTIONS DEMONSTRATE THE NEED TO REDEFINE ETHICAL DUTIES IN MASS TORT CASES |
33 Georgetown Journal of Legal Ethics 855 (Summer, 2020) |
The American public is familiar with the Flint Water Crisis (the crisis, or FWC)--the general causes, the impact, and the injustice. It has been a hot topic over the past several years with multiple documentaries, books, and news accounts providing platforms for residents' stories of being poisoned by lead in their city's water. While the... |
2020 |
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| Dr. Waseem Ahmad Qureshi |
WATER RESOURCES IN THE ANTHROPOCENE: CAUSE FOR WAR OR COOPERATION? |
30 Minnesota Journal of International Law 43 (Fall, 2020) |
With the collective effect of the ever-growing human population, deterioration of water quality, increased pollution, climate change, the changing water cycle, increased water scarcity, and intense competition for freshwater resources, it is predicted that wars in the future will be fought over freshwater instead of oil. A race to construct mega... |
2020 |
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| Matthew McKerley |
WATER, WATER EVERYWHERE? ESTABLISHING A PUBLIC TRUST IN GROUNDWATER TO ADDRESS AGRICULTURAL POLLUTION IN CALIFORNIA |
43-SPG Environs Environmental Law and Policy Journal 163 (Spring, 2020) |
Unbeknownst to some, thousands of residents in California's San Joaquin Valley lack access to clean drinking water, which carries very real economic and human costs. The problems encountered by residents in the Valley disproportionately affect poor communities and communities of color. The issue thus falls directly within larger problems... |
2020 |
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| Chiara Pappalardo |
WHAT A DIFFERENCE A STATE MAKES: CALIFORNIA'S AUTHORITY TO REGULATE MOTOR VEHICLE EMISSIONS UNDER THE CLEAN AIR ACT AND THE FUTURE OF STATE AUTONOMY |
10 Michigan Journal of Environmental & Administrative Law 169 (Fall, 2020) |
Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth's climate. Under the Clean Air Act (CAA), for over fifty years, the state of California has served as a national laboratory for the testing of technological... |
2020 |
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| Lolita Buckner Inniss |
WHILE THE WATER IS STIRRING: SOJOURNER TRUTH AS PROTO-AGONIST IN THE FIGHT FOR (Black) WOMEN'S RIGHTS |
100 Boston University Law Review 1637 (October, 2020) |
This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... |
2020 |
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| Eric Shupin |
ZONING REFORMS NEEDED TO DISMANTLE DISCRIMINATORY LAND USE AND BUILD MORE AFFORDABLE HOUSING |
64-SPG Boston Bar Journal 5 (Spring, 2020) |
Discriminatory government policies in zoning and land use over the last 50 years have intentionally created racially segregated communities with concentrated areas of poverty. More than a half-century since passage of the Fair Housing Act of 1968, even as metropolitan areas diversify, white Americans still live in mostly white neighborhoods. In... |
2020 |
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| Erin Mette |
A CONSTITUTIONAL RIGHT TO SAFE, AFFORDABLE, ACCESSIBLE DRINKING WATER |
32 Tulane Environmental Law Journal 189 (Summer, 2019) |
I. Introduction. 189 II. Background. 190 A. In re City of Detroit. 190 B. Boler v. Earley. 193 III. Analysis. 197 A. Violation of Substantive Due Process. 198 B. Violation of the Equal Protection Clause. 201 IV. Conclusion. 203 |
2019 |
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| Grant Glovin |
A MOUNT LAUREL FOR CLIMATE CHANGE? THE JUDICIAL ROLE IN REDUCING GREENHOUSE GAS EMISSIONS FROM LAND USE AND TRANSPORTATION |
49 Environmental Law Reporter News & Analysis 10938 (October, 2019) |
Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount... |
2019 |
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| Charlotte E. Blattner , Odile Ammann |
AGRICULTURAL EXCEPTIONALISM AND INDUSTRIAL ANIMAL FOOD PRODUCTION: EXPLORING THE HUMAN RIGHTS NEXUS |
15 Journal of Food Law & Policy 92 (Fall, 2019) |
The host of negative effects of animal agriculture on the immediate environment, workers, and local communities are well-documented, yet little is known about the global repercussions of animal agriculture, especially on human rights guarantees. This contribution attempts to begin filling this soaring gap. It examines the nexus between industrial... |
2019 |
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