Christopher Vajda , Michael Rhimes GREENING THE LAW: THE RECEPTION OF ENVIRONMENTAL LAW AND ITS ENFORCEMENT IN INTERNationAL LAW AND EUROPEAN UNION LAW 24 Columbia Journal of European Law 455 (Fall, 2018) I. Introduction. 455 II. Environmental Law as Part of International and European Union Law. 456 A. International Law. 456 B. European Union Law. 460 1. The Internal Competence of the European Union in Environmental Law. 461 2. The External Competence of the European Union in Environmental Law. 464 III. Enforcement of Environmental Law. 467 A.... 2018
Tyiarah Adewakun HANGING ON TO JUSTICE: WHY THE DISPLAY OF A HANGMAN'S NOOSE IN THE WORKPLACE GIVES RISE TO A RACIALLY HOSTILE WORK ENVIRONMENT 20 Rutgers Race & the Law Review 13 (2018) For African Americans, the hangman's noose is considered to be one of the most powerful symbols of racial violence in America. In Henry v. Regents of the University of California, the Court of Appeals for the Ninth Circuit held that a noose in the workplace was not sufficiently severe or pervasive to constitute a racially hostile work environment.... 2018
Andrea Gass HOW TO CLEAN A SEWER: LOCAL AND FEDERAL TEAMWORK CAN REDUCE PHOENIX'S STORM WATER POLLUTION 50 Arizona State Law Journal 1287 (Winter 2018) The real wealth of the Nation lies in the resources of the earth--soil, water, forests, minerals, and wildlife. To utilize them for present needs while insuring their preservation for future generations requires a delicately balanced and continuing program, based on the most extensive research. Their administration is not properly, and cannot be, a... 2018
Morad Elsana IndigenOUS PEOPLES' LAND: THE CASE OF BEDOUIN LAND IN ISRAEL 49 California Western International Law Journal 61 (Fall, 2018) C1-2Table of Contents Introduction. 62 I. Background. 62 II. Land Expropriation. 63 A. Sedentarization Policy and Land Expropriation. 65 B. House Demolitions. 66 C. Economy and Government. 68 III. Dispossession of Bedouins From Their Land. 69 A. Executive Level. 69 B. Legislative Level. 70 C. Judicial Level. 70 1. The Alhawashelah Precedent in the... 2018
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
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