John A. Pearce II , Ilya A. Lipin MITIGATING THE EMPLOYER'S EXPOSURE TO THIRD PARTY CLAIMS OF A HOSTILE WORK ENVIRONMENT 26 Hastings Women's Law Journal 319 (Summer 2015) Romance in the workplace environment is common and may increase employers' exposure to liability. According to a recent survey, fifty-nine percent of employees admit to participating in a romantic relationship while at work. When asked what type of romance they participated in, forty-one percent stated that the romance was an ongoing but casual... 2015
Thomas Silverstein OVERCOMING LAND USE LOCALISM: HOW HUD'S NEW FAIR HOUSING REGULATION CAN PUSH STATES TO ERADICATE EXCLUSIONARY ZONING 5 University of Baltimore Journal of Land and Development 25 (Fall, 2015) Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD's publication of a final AFFH rule on July 16, 2015 was the culmination of that process, but the rule did... 2015
Samantha Peikoff Adler PENN CENTRAL 2.0: THE TAKINGS IMPLICATIONS OF PRINTING AIR RIGHTS 2015 Columbia Business Law Review 1120 (2015) A transferable development right or TDR refers to the air space above a zoning lot that can be sold to neighboring landowners who seek to build structures that exceed the maximum height permitted by zoning. Until recently, if a developer in Midtown Manhattan required TDRs, he or she needed to acquire them from a landmark building. The city... 2015
R.D. Truitt PLAIN TALK ABOUT PLANE CLAIMS: AN AIR CARRIER CLAIMS EXAMINER'S HANDBOOK 80 Journal of Air Law and Commerce 449 (Spring 2015) THIS ARTICLE DETAILS advanced methods for the handling of airline passenger injury claims. It is based on the rather prosaic idea that the aerial environment is quite different from the earthbound milieu in certain key respects, alongside the less prosaic--and claim-related--notion that these differences give rise to opportunities for evaluating... 2015
Eric V. Hull PROTECTING ENDANGERED SPECIES IN AN ERA OF CLIMATE CHANGE: THE NEED FOR A SMARTER LAND USE ETHIC 31 Georgia State University Law Review 579 (Spring, 2015) The most unique feature of Earth is the existence of life, and the most extraordinary feature of life is its diversity. In 1973, Congress responded to the cumulative impacts human activities had on plant and animal species by passing the Endangered Species Act (ESA). Congress recognized that many of the nation's native plants and animals were in... 2015
John C. Dernbach , Marc Prokopchak RECOGNITION OF ENVIRONMENTAL RIGHTS FOR PENNSYLVANIA CITIZENS: A TribUTE TO CHIEF JUSTICE CASTILLE 53 Duquesne Law Review 335 (Summer, 2015) I. Introduction. 335 II. Loss of Original Meaning of Article I, Section 27. 339 A. Commonwealth v. National Gettysburg Battlefield Tower, Inc. 339 B. Payne v. Kassab. 341 C. The Unhappy Legacy of Payne v. Kassab. 344 1. Reported Court Cases. 344 2. Administrative Agency Decisions. 348 III. Robinson Township v. Commonwealth: Recovery of Article I,... 2015
Melinda Harm Benson RECONCEPTUALIZING ENVIRONMENTAL CHALLENGES--IS RESILIENCE THE NEW NARRATIVE? 21 Journal of Environmental and Sustainability Law 99 (Fall, 2015) How we think about environmental management challenges is important. It matters because our characterization of these challenges dictates both how we perceive them and then, correspondingly, how we integrate these perceptions into our legal and institutional frameworks. The question posed in this Article is whether resilience is actually a new... 2015
Robert Banas RLUIPA: HOW EQUALITY AND FAIRNESS IN LAND USE REGULATIONS DO NOT ALWAYS COEXIST 16 Rutgers Journal of Law & Religion 360 (Spring, 2015) Religious liberty is a constitutional value of the highest order, and the Framers of the Constitution included protection for the free exercise of religion in the very first Amendment. This Act recognizes the importance the free exercise of religion plays in our democratic society. - President Bill Clinton The ability to practice religion free of... 2015
Sasha Fannie Belinkie SOUTH AFRICA'S LAND RESTITUTION CHALLENGE: MINING ALTERNATIVES FROM EVOLVING MINERAL TAXATION POLICIES 48 Cornell International Law Journal 219 (Winter 2015) Introduction. 219 I. Background. 224 A. South Africa's History and Present Legal Framework. 224 1. Statutory Framework from Colonialism and Apartheid. 224 2. South Africa's Democratic Constitution. 226 B. Government of the Republic of South Africa v. Grootboom. 227 C. President of South Africa v. Modderklip Boerdery, Ltd.. 228 II. South Africa's... 2015
John D. Echeverria STATE JUDICIAL ELECTIONS AND ENVIRONMENTAL LAW: CASE STUDIES OF MONTANA, NORTH CAROLINA, WASHINGTON, AND WISCONSIN 16 Vermont Journal of Environmental Law 363 (Spring, 2015) Introduction and Overview. 364 I. Montana. 372 A. Montanans' Right to a Clean and Healthful Environment. 372 B. The Montana Judicial Electoral Process. 378 C. Judicial Rulings Affecting the Judicial Electoral Process. 380 D. The Ideological Struggle for Control of the Supreme Court. 386 E. The 2012 Election. 387 F. The 2014 Appointment. 392 G. The... 2015
Thomas Silverstein STATE LAND USE REGULATION IN THE ERA OF AFFIRMATIVELY FURTHERING FAIR HOUSING 24 Journal of Affordable Housing & Community Development Law 305 (2015) I. Nature and Power of States as HUD Program Participants. 308 A. Who Is the Grantee?. 308 B. States in the Federal System. 309 C. States and Localism. 309 II. Exclusionary Zoning, States, and Residential Racial Segregation. 311 A. Early Origins. 311 B. Exclusionary Zoning and the Fair Housing Act. 313 C. Exclusionary Zoning Today. 315 III.... 2015
Louis J. Kotze THE CONCEPTUAL CONTOURS OF ENVIRONMENTAL CONSTITUTIONALISM 21 Widener Law Review 187 (2015) With respect to its theory and conceptual architecture, environmental constitutionalism has received scant attention to date. Commentators are only just starting to direct their analytical and descriptive focus to this evolving concept. Generally speaking, environmental constitutionalism is associated mostly with debates surrounding the... 2015
Carlton M. Waterhouse , Ravay Smith THE LINGERING LIFE OF LEAD POLLUTION: AN ENVIRONMENTAL JUSTICE CHALLENGE FOR IndianA 49 Indiana Law Review 99 (2015) There is also a surprising lack of data on human exposure to environmental pollutants for Whites as well as for ethnic and racial minorities. One exception is lead exposures in children, and [there] the data are unequivocal: Black children have disproportionately higher blood lead levels than White children even when socioeconomic variables are... 2015
Diego Gil Mc Cawley THE POLITICAL ECONOMY OF LAND USE GOVERNANCE IN SANTIAGO, CHILE AND ITS IMPLICATIONS FOR CLASS-BASED SEGREGATION 47 Urban Lawyer 119 (Winter, 2015) Despite decades of economic development and the general improvement in the quality of life of its people, Santiago, the capital of Chile, presents high levels of residential segregation along socioeconomic lines. A debate about legal reforms to address this phenomenon is currently occurring. Chile has an expansive regime of housing assistance... 2015
Thomas Maligno , Benjamin Rajotte TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY 26 Fordham Environmental Law Review 345 (Spring, 2015) Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half year anniversary, complex challenges remain... 2015
Robert H. Abrams WATER LAW TRANSITIONS 66 South Carolina Law Review 597 (Spring, 2015) I. The Limitations of Reasonable Use Riparianism and the Need for Change. 600 II. A Cameo Description of the Typical Regulated Riparianism System. 607 III. Looking at South Carolina's Act 247 of 2010: A Critique of Unusual Provisions in the South Carolina Statute. 611 A. The Law and its Principal Standard. 611 IV. Transition from Common Law... 2015
Christine Fry , Ian McLaughlin , Alexis Etow , Rio Holaday WHAT'S IN STORE: A VISION FOR HEALTHIER RETAIL ENVIRONMENTS THROUGH BETTER COLLABORATION 41 American Journal of Law & Medicine 331 (2015) Thousands of small dealers who are barely able to make a living . would be cut off from supplying their customers with milk, butter, [etc.], which they need for use on Sundays, causing them a very serious loss and great inconvenience to thousands of people . L.J. Callanan, grocer in New York City, March 16, 1903 In 1903, the New York state... 2015
Liz Clark Rinehart ZONED FOR INJUSTICE: MOVING BEYOND ZONING AND MARKET-BASED LAND PRESERVATION TO ADDRESS RURAL POVERTY 23 Georgetown Journal on Poverty Law and Policy 61 (Fall, 2015) C1-2Table of Contents Introduction. 62 I. The Distinct Problems of Rural Communities. 63 A. Environmental Challenges: The Myth of the Pristine Countryside. 64 1. Sprawl. 64 2. Agricultural Pollution. 66 B. Social and Economic Problems. 68 1. Demographics. 68 2. Children, Families, and Welfare Programs. 69 3. Jobs. 70 4. Financial Infrastructure and... 2015
Daniel K. Lee A CENTURY OF UNCERTAINTY AND THE NEW POLITICS OF Indian WATER SETTLEMENTS: HOW TribES AND STATES CAN OVERCOME THE CHILLING EFFECT OF THE PAYGO ACT 92 Oregon Law Review 625 (2014) Introduction. 626 I. The Legal Background of Indian Water Rights Settlements. 627 A. The Law of Indian Reserved Water Rights. 628 B. The Trust Duty in Relation to Water Rights. 635 II. The Multilateral Benefits of Indian Water Rights Settlements. 637 III. Indian Water Settlements in the Era of PAYGO. 640 A. Requirements of the PAYGO Act. 640 B. One... 2014
Marissa Tripolsky A NEW NEPA TO TAKE A BITE OUT OF ENVIRONMENTAL INJUSTICE 23 Boston University Public Interest Law Journal 313 (Summer 2014) I. Introduction. 313 II. The Environmental Justice Movement and the Law. 316 A. Environmental Injustice in the United States. 316 B. The Force of the National Environmental Policy Act. 320 C. President Clinton's Executive Order. 324 III. NEPA's Obstacles in the Fight for Environmental Justice. 325 A. NEPA's Lack of Substantive Force Is an Obstacle... 2014
Jason Scott Johnston A POSITIVE POLITICAL ECONOMIC THEORY OF ENVIRONMENTAL FEDERALIZATION 64 Case Western Reserve Law Review 1549 (Summer, 2014) This Article sets out a positive theory that explains the late twentieth-century federalization of American environmental law. On this theory, federalization occurred not because states had failed to regulate to reduce air and water pollution, but because older and heavily developed states moving toward such regulation gained a relative competitive... 2014
Craig Anthony (Tony) Arnold ADAPTIVE WATER LAW 62 University of Kansas Law Review 1043 (May, 2014) One of the most important questions concerning the governance of water resources in the U.S. is whether American water law regimes can become increasingly adaptive to changing conditions and sudden disturbances. Abundant evidence suggests that water law is non-adaptive or maladaptive. Many significant legal rules and processes governing water are... 2014
Cathryn Copeland Wood AMERICA, LAND OF THE FREE AND HOME OF THE BULLIES: AN ARGUMENT FOR WORKPLACE BULLYING LAWS IN PROFESSIONAL SPORTS 67 SMU Law Review 429 (Spring 2014) IT was the slur heard around the world when Miami Dolphins lineman Richie Incognito left a voicemail for his teammate, rookie offensive guard Jonathan Martin, calling him a half-n---piece of s---, saying he wanted to s---in [[Martin's] f---ing mouth, and threatening to kill him. Some rushed to Incognito's defense; the justifications ranged from... 2014
Kelly Nokes AN OPPORTUNITY TO PROTECT--ANALYZING FISH CONSUMPTION, ENVIRONMENTAL JUSTICE, AND WATER QUALITY STANDARDS RULEMAKING IN WASHINGTON STATE 16 Vermont Journal of Environmental Law 323 (Fall, 2014) Introduction 324 I. An Overview of Water Pollution Control in Washington State. 326 A. Water Pollution Control in Washington State. 326 B. Revising Washington's Water Quality Standards. 328 II. Fish Consumption Habits and Rates. 329 A. Fish Consumption as it Relates to Water Pollution Control. 329 B. National and Regional Fish Consumption Rates.... 2014
Robert Hardaway AS THE WORLD WELCOMES ITS SEVEN BILLIONTH HUMAN: REFLECTIONS AND POPULATION, LAW, AND THE ENVIRONMENT 13 Sustainable Development Law & Policy 4 (Winter, 2014) In the 1970s John Holdren, Barry Commoner, and Paul Ehrlich developed an equation for measuring the human ecological footprint: 1=PAT, where environmental impact (I) is equal to the product of population (P), affluence in the form of per capita consumption (A), and technology, or impact per unit of consumption (T). The case can be made that the... 2014
Fatmata S. Kabia BEHIND THE MIRAGE IN THE DESERT--CUSTOMARY LAND RIGHTS AND THE LEGAL FRAMEWORK OF LAND GRABS 47 Cornell International Law Journal 709 (Fall, 2014) Introduction. 710 I. Background: Bifurcated Legal System in Africa & the Investor Problem 713 A. Defining African Customary Law. 713 B. African Customary Law in the Common Law Context. 714 C. Land Grabs Reveal Endemic Problem of the Bifurcated Legal System. 715 D. Understanding the Participants in the African Land Grab. 716 II. Contrasting Land... 2014
Richard Thompson Ford BIAS IN THE AIR: RETHINKING EMPLOYMENT DISCRIMINation LAW 66 Stanford Law Review 1381 (June, 2014) Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... 2014
Alice Kaswan CLIMATE ADAPTATION AND LAND USE GOVERNANCE: THE VERTICAL AXIS 39 Columbia Journal of Environmental Law 390 (2014) Introduction. 391 I. Climate-Change Impacts and Land Use. 398 A. Climate-Change Impacts. 399 B. The Role of Land-Use Measures in Climate Adaptation. 403 C. The Status of Adaptation-Related Land-Use Measures. 407 1. Federal Adaptation-Related Land-Use Programs. 408 2. State and Local Adaptation-Related Land-Use Programs. 412 II. Federalism Values... 2014
Alice Kaswan CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE: LESSONS FROM THE CALIFORNIA LAWSUITS 5 San Diego Journal of Climate & Energy Law 1 (2013-2014) I. Introduction. 2 II. Backdrop: AB 32 and Environmental Justice. 3 A. The Role of Environmental Justice in the Genesis of AB 32. 3 B. AB 32 Implementation and the Emergence of Cap-and-Trade. 6 III. The Lawsuits. 9 A. Association of Irritated Residents: A Challenge to the Scoping Plan and the Functional Equivalent Document. 10 1. The Scoping Plan... 2014
Jesse Reiblich , Christine A. Klein CLIMATE CHANGE AND WATER TRANSFERS 41 Pepperdine Law Review 439 (March, 2014) Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, countries that adopt a wait and see approach potentially risk the lives of their people, their ecosystems... 2014
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