| Author | Title | Citation | Summary | Year |
| Jason Robison , Barbara Cosens , Sue Jackson , Kelsey Leonard , Daniel McCool |
IndigenOUS WATER JUSTICE |
22 Lewis & Clark Law Review 841 (2018) |
Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples' socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples' right to... |
2018 |
| K. Sabeel Rahman |
INFRASTRUCTURAL EXCLUSION AND THE FIGHT FOR THE CITY: POWER, DEMOCRACY, AND THE CASE OF AMERICA'S WATER CRISIS |
53 Harvard Civil Rights-Civil Liberties Law Review 533 (Fall, 2018) |
C1-2Table of Contents Introduction. 533 I. Infrastructural exclusion. 536 A. The Flint water crisis. 536 B. Mechanisms of infrastructural exclusion. 538 II. Toward a political theory of infrastructure: Power, democracy, and the public utility tradition. 541 III. Constructing inclusive infrastructure: water and beyond. 547 A. Mandating water equity.... |
2018 |
| Alessandra Mistura |
IS THERE SPACE FOR ENVIRONMENTAL CRIMES UNDER INTERNationAL CRIMINAL LAW? THE IMPACT OF THE OFFICE OF THE PROSECUTOR POLICY PAPER ON CASE SELECTION AND PRIORITIZATION ON THE CURRENT LEGAL FRAMEWORK |
43 Columbia Journal of Environmental Law 181 (January 11, 2018) |
I. Introduction. 182 II. Setting the Framework: A Few Principles of International Criminal Law. 185 A. International Criminal Law: What Are We Talking About?. 185 B. The Notion of International Crimes. 188 C. The Interaction Between Treaties and Custom as Sources of International Criminal Law. 192 D. Conclusions. 195 III. International... |
2018 |
| Brigham Daniels , Michalyn Steele , Lisa Grow Sun |
JUST ENVIRONMENTALISM |
37 Yale Law and Policy Review 1 (Fall, 2018) |
Thirty years ago, the environmental justice movement emerged as a powerful critique of traditional environmentalism, which had largely ignored the distribution of environmental harms and the ways in which those harms were concentrated on the poor and communities of color. This Article calls for a similarly groundbreaking reimagination of both... |
2018 |
| Logan Judy |
LIBERTY AND ENVIRONMENTAL JUSTICE FOR ALL? AN EMPIRICAL APPROACH TO ENVIRONMENTAL RACISM |
53 Wake Forest Law Review 739 (Fall, 2018) |
The Environmental Protection Agency (EPA) was created to serve the public interest by shielding the environment from the byproducts of industrialization and development. The EPA exercises some discretion in its enforcement decisions, and this Study examines whether racial minority populations are disproportionately impacted by environmental... |
2018 |
| Emily Bergeron |
LOCAL JUSTICE: HOW CITIES CAN PROTECT AND PROMOTE ENVIRONMENTAL JUSTICE IN A HOSTILE ENVIRONMENT |
32-WTR Natural Resources & Environment 8 (Winter, 2018) |
On June 2, 2017, in an act that the left and the right, as well as the global community, cautioned against and strongly criticized, President Donald Trump determined that the United States would no longer be party to the Paris Climate Accord (Paris Agreement). Immediately, cities across the country, from Pittsburgh to Portland, reacted. Mayors for... |
2018 |
| Chelsea King |
MERGING INCLUSIONARY ZONING AND COMMUNITY LAND TRUSTS TO INCREASE AFFORDABLE HOUSING IN BALTIMORE WITHOUT DISPLACING NEIGHBORHOODS |
49 University of Baltimore Law Forum 43 (Fall, 2018) |
Throughout history, Baltimore City has continually struggled to manage affordable housing and residential segregation, and as such, is currently facing a housing crisis. The housing crisis that Baltimore faces today is in large part due to decades of systemic racial oppression. Throughout history, Baltimore City officials have denied African... |
2018 |
| Byron Crowe |
MOSENEKE'S IMPACT ON LAND RESTITUTION MY OWN LIBERATOR: A MEMOIR. BY DIKGANG MOSENEKE. JOHANNESBURG: PICADOR AFRICA. 2016 |
58 Virginia Journal of International Law Digest 1 (January 17, 2018) |
In May 2016, after over fourteen years on the bench, Deputy Chief Justice Dikgang Moseneke retired from his position on South Africa's highest court. Moseneke, who was an established public figure before joining the Constitutional Court, remains one of its most identifiable members. His retirement provoked an outpouring of support and gratitude... |
2018 |
| Kevin Tongg |
POISONS IN OUR COMMUNITIES: ENVIRONMENTAL JUSTICE'S ROLE IN REGULatinG HAWAI'I'S BIOTECHNOLOGY INDUSTRY |
40 University of Hawaii Law Review 155 (Summer, 2018) |
I. INTRODUCTION. 156 II. ANALYTICAL FRAMEWORK: ENVIRONMENTAL JUSTICE. 161 III. BACKGROUND: THE HISTORY OF HAWAI'I'S AGRICULTURE. 163 A. Western Contact. 163 B. The Rise of the Sugar Industry. 164 C. The Seed Industry Takes Root. 166 IV. LEGAL FRAMEWORK. 169 A. Kaua'i Ordinance 960. 169 B. Syngenta Seeds, Inc. v. Cty. of Kaua'i, No. 14-00014 BMK,... |
2018 |
| Xochitl Rodriguez |
POVERTY'S POISON: CONTAMINATED DRINKING WATER, ITS EFFECT ON IMPOVERISHED YOUTH AND MEDICAID'S ROLE |
28 Annals of Health Law Advance Directive 235 (Fall, 2018) |
Environmental racism is structural violence promulgated by the exploitation of those without resources by those in economic and political power. The United States' legacy of racism and discrimination promotes inequalities by ensuring that minority and economically destitute populations remain stereotyped and locked in poverty. These stereotypes... |
2018 |
| Sarah Krakoff |
PUBLIC LANDS, CONSERVATION, AND THE POSSIBILITY OF JUSTICE |
53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) |
The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on... |
2018 |
| Donald J. Kochan |
PUBLIC LANDS: PRIDE, PLACE, PROXIMITY & POWER |
25 Virginia Journal of Social Policy and the Law 1 (Winter, 2018) |
Introduction. 2 I. Pride, place, identity and their relationship with property principles. 6 II. The impact of pride, place and proximity on public lands management. 10 A. Introduction to Ongoing Public Lands Debates. 10 B. Management Metrics for Public Lands. 12 Conclusion. 25 |
2018 |
| Erin C. Lain |
RACIALIZED INTERACTIONS IN THE LAW SCHOOL CLASSROOM: PEDAGOGICAL APPROACHES TO CREATING A SAFE LEARNING ENVIRONMENT |
67 Journal of Legal Education 780 (Spring, 2018) |
In summer 2016 I served as the director of the CLEO summer institute. While racial violence was erupting in the country, I faced my own dilemma on how to deal with tension about race in the learning environment. When I brought forty-four CLEO students to the county courthouse to watch sentencing hearings, one student spoke out to the attorneys,... |
2018 |
| |
RCRA AS A TOOL FOR ENVIRONMENTAL JUSTICE COMMUNITIES AND OTHERS TO COMPEL CLIMATE CHANGE ADAPTATION |
131 Harvard Law Review 2409 (June, 2018) |
The spate of natural disasters in 2017 palpably illustrated how ill-prepared the United States is for climate change. And though all Americans have contributed to greenhouse gas emissions driving this phenomenon, they will not equitably share the effects of climate change--related disasters. Many communities--particularly low-income communities and... |
2018 |
| Blake Hudson |
RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM |
48 Environmental Law Reporter News & Analysis 10733 (August, 2018) |
Perhaps three things in life are now certain: death, taxes, and federal environmental regulation. While the nation has made great progress on a number of environmental fronts, the size and cost of the federal environmental regulatory bureaucracy have come under sharp criticism. Some argue that the federal government is doing too little and needs to... |
2018 |
| Mehmet K. Konar-Steenberg |
ROOT AND BRANCH: THE THIRTEENTH AMENDMENT AND ENVIRONMENTAL JUSTICE |
19 Nevada Law Journal 509 (Winter 2018) |
[The Thirteenth Amendment] abolishes slavery . root and branch. It abolishes it in the general and the particular .. Any other interpretation belittles the great amendment and allows slavery still to linger among us in some of its insufferable pretensions. C1-2Table of Contents Introduction. 510 I. Environmental Justice and Traditional... |
2018 |
| Adam Crepelle |
STANDING ROCK IN THE SWAMP: OIL, THE ENVIRONMENT, AND THE UNITED HOUMA Nation'S STRUGGLE FOR FEDERAL RECOGNITION |
64 Loyola Law Review 141 (Spring, 2018) |
I. INTRODUCTION. 141 II. TRIBAL SOVEREIGNTY AND THE ENVIRONMENT. 144 III. FEDERAL RECOGNITION. 147 IV. PROBLEMS WITH THE PROCESS. 153 V. THE HOUMA. 157 A. A Brief History of the Houma. 157 B. Rebutting the BIA's Proposed Finding. 164 C. The Houma Since the BIA's Proposed Finding. 174 VI. CONCLUSION. 183 |
2018 |
| Ursula Tracy Doyle |
STRANGE FRUIT AT THE UNITED NationS |
61 Howard Law Journal 187 (Winter, 2018) |
INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial... |
2018 |
| Virginia Harper Ho |
SUSTAINABLE FINANCE & CHINA'S GREEN CREDIT REFORMS: A TEST CASE FOR BANK MONITORING OF ENVIRONMENTAL RISK |
51 Cornell International Law Journal 609 (Fall, 2018) |
In the past few years, the focus of international organizations on sustainable finance--the integration of environmental, social, and governance (ESG) considerations into global financial systems--has intensified because of its potential to promote financial stability, better risk assessment, and more efficient allocation of capital. The success... |
2018 |
| Lindsey Dillon |
THE BREATHERS OF BAYVIEW HILL: REDEVELOPMENT AND ENVIRONMENTAL JUSTICE IN SOUTHEAST SAN FRANCISCO |
24 Hastings Environmental Law Journal 227 (Summer, 2018) |
The bus idled on a hilly residential street overlooking the Hunters Point Naval Shipyard--an irregularly shaped expanse of largely man-made land, extending into the San Francisco Bay from the southeastern edge of the city. It was a clear day in February 2015. Staff members from the city of San Francisco's environmental, health, and public works... |
2018 |
| Justin Fisch |
THE CASE FOR EFFECTIVE ENVIRONMENTAL POLITICS: FEDERALIST OR UNITARY STATE? COMPARING THE CASES OF CANADA, THE UNITED STATES OF AMERICA, AND THE PEOPLE'S REPUBLIC OF CHINA |
51 University of Michigan Journal of Law Reform 777 (Summer, 2018) |
Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope--they transcend borders, governments, jurisdictions, and authorities. For this... |
2018 |
| Linda J. Allen, PhD |
THE ENVIRONMENT AND NAFTA POLICY DEBATE REDUX: SEPARATING RHETORIC FROM REALITY |
42 William and Mary Environmental Law and Policy Review 965 (Spring, 2018) |
At times, it seems like the debate over the environmental repercussions of the North American Free Trade Agreement (NAFTA) has never ended. Twenty-five years ago, in response to environmentalists' dire predictions of industry flight, pollution havens, and a race to the bottom for domestic environmental standards under the trade agreement, the... |
2018 |
| Jeff Wright, CEO Karegnondi Water Authority |
THE FLINT WATER CRISIS, DWSD, AND GLWA: MONOPOLY, PRICE GOUGING, CORRUPTION, AND THE POISONING OF A CITY |
18 Journal of Law in Society 53 (Fall, 2018) |
MICHIGAN CIVIL RIGHTS COMMISSION-FLINT WATER CRISIS COMMITTEE November 22, 2016 Much has been said about the Flint Water Crisis, the causes, the effects, who is responsible, and what should be done about it now. Many have been blamed... Governor Rick Snyder; former State Treasurer Andy Dillon; Emergency Managers Ed Kurtz, Mike Brown, Darnell... |
2018 |
| Peter J. Hammer |
THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM |
18 Journal of Law in Society 1 (Fall, 2018) |
Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis July 18, 2016 C1-2Table of Contents I. Flint, Municipal Distress, Emergency Management and Strategic-Structural Racism. 2 A. What is structural and strategic racism?. 2 B. Knowledge, power, emergency management and race. 4 C. Flint from a... |
2018 |
| Peter J. Hammer |
THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM: A REPLY TO JEFF WRIGHT, GENESEE COUNTY DRAIN COMMISSIONER AND CEO KAREGNONDI WATER AUTHORITY |
18 Journal of Law in Society 83 (Fall, 2018) |
Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis December 31, 2016 C1-2Table of Contents I. Introduction. 84 II. Motive. 84 III. Methodology. 85 IV. Water Rates 101: A Guide to Flint's Spiraling Rate Increases. 88 V. A Reply to Mr. Wright's testimony. 91 A. KWA maintained an inappropriately... |
2018 |
| Jedediah Purdy |
THE LONG ENVIRONMENTAL JUSTICE MOVEMENT |
44 Ecology Law Quarterly 809 (2018) |
The standpoint of environmental justice has become integral to environmental law in the last thirty years. Environmental justice criticizes mainstream environmental law and advocacy institutions on three main fronts: for paying too little attention to the distributive effects of environmental policy; for emphasizing elite and professional advocacy... |
2018 |
| Karl S. Coplan |
THE MISSING ELEMENT OF ENVIRONMENTAL COST-BENEFIT ANALYSIS: COMPENSATION FOR THE LOSS OF REGULATORY BENEFITS |
30 Georgetown Environmental Law Review 281 (Winter, 2018) |
Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on... |
2018 |
| John H. Knox |
THE PAST, PRESENT, AND FUTURE OF HUMAN RIGHTS AND THE ENVIRONMENT |
53 Wake Forest Law Review 649 (Fall, 2018) |
C1-2Table of Contents I. Introduction. 649 II. A Short History of Human Rights and the Environment. 649 III. The Present State of Environmental Human Rights Law. 654 IV. Possible Futures for Human Rights and the Environment. 662 |
2018 |
| Andrew Schrack |
THE SHIFTING LANDSCAPE OF ANCESTRAL LANDS: TribAL GATHERING OF TRADITIONAL PLANTS IN NationAL PARKS |
9 Arizona Journal of Environmental Law & Policy 1 (Fall, 2018) |
I. Introduction. 1 II. Historical Gathering Rights in National Parks. 2 A. Treaties. 3 B. Congressional Acts and Presidential Proclamations. 5 C. Agreements. 7 III. Shifting Legal Landscape. 10 A. 2016 Regulatory Changes. 12 1. Criticism of the Regulations. 15 IV. Eastern Band of Cherokee Indians Case Study. 17 A. United States v. Burgess. 20 B.... |
2018 |
| Sydney Donovan, Alexandra Tressler, Michael Larrick |
THE UNIVERSITY OF DENVER WATER LAW REVIEW ELEVENTH ANNUAL SYMPOSIUM: FORGING SOVEREIGNTY, SELF DETERMINation, AND SOLIDARITY THROUGH WATER LAW |
21 University of Denver Water Law Review 291 (Spring, 2018) |
Denver, Colorado March 30, 2018 |
2018 |
| Kyle J. Conway |
THERE'S SOMETHING IN THE WATER: HOW APATHETIC STATE OFFICIALS LET THE PEOPLE OF FLINT, MICHIGAN DOWN |
29 Villanova Environmental Law Journal 57 (2018) |
In February 2015, a rash appeared on Lee-Anne Walters' children due to bathing in water drawn from the Flint River. The family first began to avoid ingesting the water almost four months prior due to its abnormal qualities--a harsh brown tint and unsettling odors that could not be ignored. After an inspection, the Michigan Department of... |
2018 |
| Diana Kearney |
TRANSFORMING ADVERSARY TO ALLY: MOBILIZING CORPORATE POWER FOR LAND RIGHTS |
27 Journal of Transnational Law & Policy 97 (2017-2018) |
I. Introduction. 97 II. The Global Land Rush. 104 A. The Scale. 104 B. The Cast. 106 C. The Titled Solution. 111 III. Corporate Obligations on Land Tenure. 115 A. Corporate Due Diligence: Current Practice and International Human Rights Law Obligations. 116 B. Due Diligence on Land. 122 C. The Lawyer's Role: Implementing UNGPs and Land Due... |
2018 |
| Lane Kaiwi Opulauoho |
TRUST LANDS FOR THE NATIVE HAWAIIAN Nation: LESSONS FROM FEDERAL Indian LAW PRECEDENTS |
43 American Indian Law Review 75 (2018) |
From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... |
2018 |
| Susan M. Larned |
WATER IS LIFE: THE NATIVE AMERICAN TribAL ROLE IN PROTECTING NATURAL RESOURCES |
8 Barry University Environmental and Earth Law Journal 52 (2018) |
So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... |
2018 |
| Reginald L. Streater |
ZIMBABWE'S STRUGGLE TO BREAK THE CHAINS OF COLONIALISM: SELF-DETERMINation, LAND REFORM, AND INTERNationAL LAW |
33 Temple International and Comparative Law Journal 119 (Fall, 2018) |
Zimbabwe--like most African Post-Colonial nation states--has been criticized and castigated for exercising its legal rights to self-determination, autonomy and sovereignty over land and resources--especially when these conflict with the economic and/or geo-political interests of the West, or white expats who once dominated these former colonies.... |
2018 |
| Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat |
A COLLECTIVE MEMORY OF INJUSTICE: RECLAIMING HAWAI'I'S CROWN LANDS TRUST IN RESPONSE TO JUDGE JAMES S. BURNS |
39 University of Hawaii Law Review 481 (Summer, 2017) |
I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... |
2017 |
| Emily M. Hoyle |
A POOL OF CANDIDATES WHO REFUSE TO SWIM: THE 2016 PRESIDENTIAL ELECTION AND THE DEMISE OF TESTING THE WATERS |
85 George Washington Law Review 312 (January, 2017) |
In the 2016 presidential election, many candidates delayed announcing their candidacy until long after anyone who was paying attention realized that they were considering a run for office. In the past, these candidates may have been considered to be testing the waters, a special status proscribed by the Federal Election Campaign Act (FECA) that... |
2017 |
| Nicky Sheats |
ACHIEVING EMISSIONS REDUCTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES THROUGH CLIMATE CHANGE MITIGATION POLICY |
41 William and Mary Environmental Law and Policy Review 377 (Winter, 2017) |
The Clean Power Plan rule is the U.S. Environmental Protection Agency's (EPA) regulatory method of reducing the nation's carbon dioxide emissions and, by doing so, of fighting climate change. There was very little in the original Clean Power Plan proposal that addressed environmental justice (EJ) using section 111(d) of the Clean Air Act as... |
2017 |
| David A. Dana , Deborah Tuerkheimer |
AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION |
111 Northwestern University Law Review Online 93 (January 17, 2017) |
The lead crisis in Flint, Michigan has captivated the nation, prompting calls for reform. For its part, the United States Environmental Protection Agency (EPA) recently reaffirmed that environmental justice is a priority. Even so, the discourse surrounding Flint's aftermath has been surprisingly unimaginative. We offer a somewhat different way of... |
2017 |
| David A. Dana, Deborah Tuerkheimer |
AFTER FLINT: ENVIRONMENTAL JUSTICE AS EQUAL PROTECTION |
111 Northwestern University Law Review 879 (2017) |
This Essay conceptualizes the Flint water crisis as an archetypical case of underenforcement--that is, a denial of the equal protection of laws guaranteed by the U.S. Constitution. Viewed as such, the inadequacy of environmental regulation can be understood as a failure that extends beyond the confines of Flint; a failure that demands a... |
2017 |
| Shelley Cavalieri |
BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM |
95 Denver Law Review 73 (Fall, 2017) |
Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... |
2017 |
| Lucia A. Silecchia |
CONFLICTS AND LAUDATO SI': TEN PRINCIPLES FOR ENVIRONMENTAL DISPUTE RESOLUTION |
33 Journal of Land Use & Environmental Law 61 (Fall, 2017) |
I. Introduction to the Problem. 61 II. Laudato Si' and Environmental Dispute Resolution. 67 A. Principle One: Stakeholder Involvement Should Be Expansive. 68 B. Principle Two: Environmental Issues Should Be Defined Broadly. 71 C. Principle Three: Intergenerational Obligations Are Sacred and Need Protection. 73 D. Principle Four: The Rule of Law... |
2017 |
| Richard A. Marcantonio, Aaron Golub, Alex Karner, Louise Nelson Dyble |
CONFRONTING INEQUALITY IN METROPOLITAN REGIONS: REALIZING THE PROMISE OF CIVIL RIGHTS AND ENVIRONMENTAL JUSTICE IN METROPOLITAN TRANSPORTATION PLANNING |
44 Fordham Urban Law Journal 1017 (August, 2017) |
Introduction. 1018 I. The Metropolitan Region and Regional Inequity. 1022 A. Early Suburbanization. 1023 B. White Flight, Subsidized Post-War Suburbanization, and Effects on Central Cities. 1024 1. Federal Transportation Policy Accelerates Suburbanization and Wreaks Urban Destruction. 1026 2. Increasing Citizen Participation and the Emergence of... |
2017 |
| Andrea C. Armstrong |
DEATH ROW CONDITIONS THROUGH AN ENVIRONMENTAL JUSTICE LENS |
70 Arkansas Law Review 203 (2017) |
Glenn Ford lived on death row at Louisiana State Penitentiary for twenty-nine years, three months and five days. Typically, he was confined in his cell for at least twenty-three hours of a given day, seven days a week. Glenn was convicted of the armed robbery and murder of Isadore Rozeman. After prosecutors Martin Stroud and Carey Schimpf used six... |
2017 |
| Kirsten H. Engel |
DEMOCRATIC ENVIRONMENTAL EXPERIMENTALISM |
35 UCLA Journal of Environmental Law & Policy 57 (2017) |
Scholars of democratic experimentalism and new governance rightly criticize the static allocations of authority found in the American traditional federalism framework for its rigidity and potential to stifle innovation at the state and local levels. Nevertheless, this critique underappreciates the level of experimentation harbored by this... |
2017 |
| Raymond Cross |
DEVELOPMENT'S VICTIM OR ITS BENEFICIARY?: THE IMPACT OF OIL AND GAS DEVELOPMENT ON THE FORT BERTHOLD Indian RESERVATION |
38 Public Land & Resources Law Review 249 (2017) |
I. Introduction. 250 II. Why Development is Different on the Fort Berthold Indian Reservation. 255 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 257 1. Their Treaty-Based Geographic Ties to Fort Berthold. 258 2. Their Territorially-Based Rights of Sovereignty Within Fort Berthold. 259 3. Their... |
2017 |
| Felycia Itza |
ENVIRONMENTAL EDUCATION IN THE EVERY STUDENT SUCCEEDS ACT AND THE ROLE OF ADVOCATES |
29 Georgetown Environmental Law Review 417 (Winter, 2017) |
In December of 2015, the Every Student Succeeds Act was signed into law. For the first time ever, a federal education statute will provide funding for environmental education. Although exciting, this new statute will require additional effort by advocates to realize the full potential of the Act. The new law allows states to choose environmental... |
2017 |
| Shannon Elizabeth Bell |
ENVIRONMENTAL INJUSTICE AND THE PURSUIT OF A POST-CARBON WORLD: THE UNINTENDED CONSEQUENCES OF THE CLEAN AIR ACT AS A CAUTIONARY TALE FOR SOLAR ENERGY DEVELOPMENT |
82 Brooklyn Law Review 529 (Winter, 2017) |
The combustion of fossil fuels (coal, oil, and gas) and, to a lesser extent, changes in land cover, have led to a rise in greenhouse gasses (GHG) in the atmosphere and an increase in global average surface temperatures. This human-induced warming is causing dramatic changes in the climate that are manifesting in numerous ways throughout the world,... |
2017 |
| Joshua V. Berliner |
ENVIRONMENTAL INJUSTICE/RACISM IN FLINT, MICHIGAN: AN ANALYSIS OF THE BODILY INTEGRITY CLAIM IN MAYS v. SNYDER AS COMPARED TO OTHER ENVIRONMENTAL JUSTICE CASES |
35 Pace Environmental Law Review 108 (Fall, 2017) |
L1-2TABLE OF CONTENTS I. Introduction 109 II. Summary of Alleged Facts from the Complaint 112 III. The Case Law on Bodily Integrity Claims 115 A. 42 U.S.C. ยง 1983 and Bodily Integrity Generally 115 B. Bodily Integrity Claims in the Environmental Justice Context 116 IV. The Flint Residents' Bodily Integrity Claim 118 V. Applying the Case Law to... |
2017 |
| Cecilia Martinez |
ENVIRONMENTAL JUSTICE AND THE CLEAN POWER PLAN: THE CASE OF ENERGY EFFICIENCY |
41 William and Mary Environmental Law and Policy Review 605 (Spring, 2017) |
The U.S. Environmental Protection Agency (EPA) issued the Clean Power Plan (CPP) in August 2015, and is the first major federal regulation to address climate change. The CPP is a landmark rule, setting carbon dioxide (CO2) standards on existing power plants in the U.S. The promise of the CPP is to reduce CO2 by 32% from 2005 levels in 2030.... |
2017 |