| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| Jin Hyung Lee |
ESTABLISHING APPLICABLE WATER QUALITY STANDARDS FOR SURFACE WATERS ON Indian RESERVATIONS |
66 Emory Law Journal 965 (2017) |
The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... |
2017 |
|
| Hope Babcock |
HERE TODAY, GONE TOMORROW--IS GLOBAL CLIMATE CHANGE ANOTHER WHITE MAN'S TRICK TO GET Indian LAND? THE ROLE OF TREATIES IN PROTECTING TribES AS THEY ADAPT TO CLIMATE CHANGE |
2017 Michigan State Law Review 371 (2017) |
Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... |
2017 |
|
| Dr. Waseem Ahmad Qureshi |
INDUS WATERS TREATY: AN IMPEDIMENT TO THE Indian HYDRO-HEGEMONY |
46 Denver Journal of International Law and Policy 45 (Fall, 2017) |
Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... |
2017 |
|
| Alyssa Titche |
LAND GRABS & FOOD SECURITY: THE INTERNationAL COMMUNITY SHOULD ADOPT A CODE OF CONDUCT TO PROTECT LOCAL COMMUNITIES AND IMPROVE GLOBAL FOOD SECURITY |
7 UC Irvine Law Review 473 (June, 2017) |
Land acquisition by foreign countries and corporations has increased since the 2008 economic crisis. If land grabs continue at the current pace and with the same disregard to local host country populations, the food security of host countries will be put at great risk. In order to prevent future land grabs and make land grabs that do occur more... |
2017 |
|
| Steven J. Eagle |
LAND USE REGULATION AND GOOD INTENTIONS |
33 Journal of Land Use & Environmental Law 87 (Fall, 2017) |
This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a... |
2017 |
|
| Lorenzo Cotula |
LAND, PROPERTY AND SOVEREIGNTY IN INTERNationAL LAW |
25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) |
220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... |
2017 |
|
| K.A. McConnell |
LIMITS OF AMERICAN FARM BUREAU FEDERATION v. EPA AND THE CLEAN WATER ACT'S TMDL PROVISION IN THE MISSISSIPPI RIVER BASIN |
44 Ecology Law Quarterly 469 (2017) |
Under the Clean Water Act, a troubling regulatory gap exists wherein the federal government is unable to directly regulate diffuse sources of water pollution in interstate waters. This gap has left many of the nation's most important watersheds flooded with nutrient pollution from agricultural runoff, contrary to the purpose of the statute. Working... |
2017 |
|
| Azadeh Shahshahani , Kathryn Madison |
NO PAPERS? YOU CAN'T HAVE WATER: A CRITIQUE OF LOCALITIES' DENIAL OF UTILITIES TO UNDOCUMENTED IMMIGRANTS |
31 Emory International Law Review 505 (2017) |
Access to utility services is a crucial part of a person's ability to live and make a home in a particular place. For those who are denied service by the local agency or company that provides public utilities--like electricity and water--there are very few ways to achieve a decent and dignified life in that locality. Even in the twenty-first... |
2017 |
|
| Erin Yerke |
PERSONALIZING POLLUTION AND LANDSCAPE DESTRUCTION: HOW NATIVE AMERICAN AND INTERNationAL PERSPECTIVES SHOULD BE INTEGRATED INTO FEDERAL ENVIRONMENTAL POLICY |
19 Rutgers Journal of Law & Religion 73 (Fall, 2017) |
Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hallowed by some sad or happy event in days long vanished. Even the rocks, which seem to be dumb and dead as they swelter in the sun along the silent shore, thrill with memories of stirring events connected with lives of... |
2017 |
|
| James Johnson, Class of 2018, University of New Mexico School of Law |
PLASTIC WATER: THE SOCIAL AND MATERIAL LIFE OF BOTTLED WATER BY GAY HAWKINS, EMILY POTTER, AND KANE RACE (MIT PRESS; 260 PAGES; 2015) |
57 Natural Resources Journal 321 (Winter, 2017) |
On January 26, 2016, during the height of public awareness surrounding the Flint, Michigan water crisis, Walmart, Coca-Cola, Nestlé, and PepsiCo pledged to meet the daily needs of over 10,000 school children for the balance of the calendar year by donating up to 6.5 million bottles of water [to] help with relief efforts. In the face of a... |
2017 |
|
| Brie D. Sherwin |
PRIDE AND PREJUDICE AND ADMINISTRATIVE ZOMBIES: HOW ECONOMIC WOES, OUTDATED ENVIRONMENTAL REGULATIONS, AND STATE EXCEPTIONALISM FAILED FLINT, MICHIGAN |
88 University of Colorado Law Review 653 (Summer, 2017) |
It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with... |
2017 |
|
| Tess Godhardt |
RECONCILING THE HISTORY OF THE HANGMAN'S NOOSE AND ITS SEVERITY WITHIN HOSTILE WORK ENVIRONMENT CLAIMS |
51 John Marshall Law Review 137 (Fall, 2017) |
I. Introduction. 137 II. Background. 139 A. The History of the Noose. 139 1. Lynching During the Reconstruction Era. 140 2. Lynching from the Years 1880 to 1930. 141 B. Prevalence of the Noose Today. 143 1. Congressional Efforts Concerning the Hangman's Noose. 145 2. Judicial Decisions Involving the Hangman's Noose. 145 C. Title VII of the Civil... |
2017 |
|
| Daniel C. Esty |
RED LIGHTS TO GREEN LIGHTS: FROM 20TH CENTURY ENVIRONMENTAL REGULATION TO 21ST CENTURY SUSTAINABILITY |
47 Environmental Law 1 (Winter, 2017) |
Twentieth century environmental protection delivered significant improvements in America's air and water quality and led companies to manage their waste, use of toxic substances, and other environmental impacts with much greater care. But the pace of environmental progress has slowed as the limits of the command-and-control regulatory model have... |
2017 |
|
| Jonathan Lovvorn |
SPECIAL PREVIEW: CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION |
29 Georgetown Environmental Law Review Online 1 (February 3, 2017) |
C1-2Table of Contents Introduction. 1 I. The Basic Science of Climate Change. 11 II. The Tenuous Legal Framework for Climate Change Emissions. 14 III. The Intersectional and Discriminatory Impacts of Climate Change. 20 A. Poverty, Public Health, and Climate Change. 23 B. Race and Climate Change. 29 C. Women and Climate Change. 34 D. Children and... |
2017 |
|
| Elana Ramos |
THE DANGERS OF WATER PRIVATIZATION: AN EXPLORATION OF THE DISCRIMINATORY PRACTICES OF PRIVATE WATER COMPANIES |
7 Barry University Environmental and Earth Law Journal 188 (2017) |
In a rural Midwestern hospital, a mother and father closely watch their three-month premature son; his parents watch in horror as the infant is resuscitated and kept alive by the help of a machine. The little boy makes it home, but not without a heart monitor and a lifetime of concerning health issues. Down the hall is a disabled mother who... |
2017 |
|
| David M. Driesen |
THE ENDS AND MEANS OF POLLUTION CONTROL: TOWARD A POSITIVE THEORY OF ENVIRONMENTAL LAW |
2017 Utah Law Review 57 (2017) |
C1-2Table of Contents Introduction. 58 I. Environmental Law's Ends. 64 A. Protecting Public Health and the Environment: Effects-Based Standards. 66 1. Examples. 66 2. Analytical Features. 68 3. Normative Underpinning. 71 B. Maximizing Feasible Reductions: Technology-Based Standards.. 71 1. Examples. 71 2. Analytical Features. 72 3. Normative... |
2017 |
|
| Itzchak Kornfeld |
THE IMPACT OF CLIMATE CHANGE ON AMERICAN AND CANADIAN IndigenOUS PEOPLES AND THEIR WATER RESOURCES |
47 Environmental Law Reporter News & Analysis 10245 (March, 2017) |
Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities. This Article, adapted from Chapter 10 of Climate Justice: Case Studies in... |
2017 |
|
| Erica L. Sieg |
THE LAND OF THE FREE?: THE ALLOW ACT AND ECONOMIC LIBERTY FROM OCCUPATIONAL LICENSING |
24 Washington and Lee Journal of Civil Rights and Social Justice 261 (Fall, 2017) |
C1-2Table of Contents I. Introduction. 261 II. Occupational Regulation: Classification, History, Benefits, and Repercussions. 266 A. What is Occupational Licensing?. 268 B. Origins of Occupational Licensing. 274 C. The History of Free Market Theory and Occupational Licensing's Influences. 277 D. Who Feels the Effects of Occupational Licensing?. 280... |
2017 |
|
| Joseph Patterson |
THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH AND CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION |
92 Notre Dame Law Review Online 140 (2017) |
Four days following his inauguration, President Donald Trump signed an executive order expedit[ing] the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline. This executive order sparked new rounds of protests by the Standing Rock Sioux Tribe, the Oglala Sioux Tribe, and environmentalists, who opposed the construction of the... |
2017 |
|