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
Patrice L. Simms LEVERAGING SUPPLEMENTAL ENVIRONMENTAL PROJECTS: TOWARD AN INTEGRATED STRATEGY FOR EMPOWERING ENVIRONMENTAL JUSTICE COMMUNITIES 47 Environmental Law Reporter News & Analysis 10511 (June, 2017) Environmental justice communities are especially disadvantaged when it comes to direct community intervention in matters critical to their well-being. Opportunities may exist, however, to institutionalize resources for those communities' benefit. In particular, environmental enforcement actions could prove a reliable and effective conduit to access... 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
David M. Ong PROSPECTS FOR TRANSITIONAL ENVIRONMENTAL JUSTICE IN THE SOCIO-ECONOMIC RECONSTRUCTION OF KOSOVO 30 Tulane Environmental Law Journal 217 (Summer, 2017) Environmental justice is arguably a neglected aspect in the pursuit of transitional justice within post-conflict societies. The international and European institutional and legal frameworks that are currently applicable within Kosovo present a suitable backdrop against which to examine the different legal pathways towards providing for... 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
Brian W. Jewett , Heather E. Campbell SUCCESSES AND FAILURES OF FEDERAL ENVIRONMENTAL POLICY: REVIEWING FEDERAL ECOSYSTEM MANAGEMENT AND FEDERAL APPROACHES TO ENVIRONMENTAL JUSTICE 52 Tulsa Law Review 427 (Spring, 2017) James R. Skillen, Federal Ecosystem Management: Its Rise, Fall, and Afterlife (University Press of Kansas 2015). Pp. 272. Hardcover $45.00.. David M. Konisky, ed., Failed Promises: Evaluating the Federal Government's Response to Environmental Justice (The MIT Press 2015). Pp. 296. Hardcover $53.00. Paperback $30.00.. The 1970s was a watershed... 2017
Deepa Badrinarayana THE "RIGHT" RIGHT TO ENVIRONMENTAL PROTECTION: WHAT WE CAN DISCERN FROM THE AMERICAN AND Indian CONSTITUTIONAL EXPERIENCE 43 Brooklyn Journal of International Law 75 (2017) Introduction. 76 I. Environmental Protection and the U.S. Constitution. 83 A. Understanding the Environmental Justice Problem. 83 B. Constitutional Law and Environmental Justice. 86 II. Environmental Protection and the Indian Constitution. 96 A. Constitutional Law and Environmental Protection in India. 97 1. The Supreme Court's Interpretation of... 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
Jonathan Zasloff THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT 48 Columbia Human Rights Law Review 98 (Spring, 2017) Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... 2017
Peter M. Mansfield THE RETALIATORY HOSTILE WORK ENVIRONMENT 64-JUN Federal Lawyer 46 (June, 2017) The retaliatory hostile work environment is a hybrid claim drawing upon Supreme Court precedent analyzing separate provisions of Title VII of the Civil Rights Act of 1964. Despite the high volume of Title VII litigation, confusion persists in federal courts regarding the proper standard to apply to this claim. As outlined below, the courts'... 2017
Pearl Kan, William Parkin THE STRUGGLE CONTINUES: ENVIRONMENTAL JUSTICE DURING CHANGING TIMES 48 No. 5 ABA Trends 15 (May/June, 2017) On March 8, 2017, long-time senior environmental justice advisor to the U.S. Environmental Protection Agency (EPA), Mustafa Santiago Ali, tendered his resignation to the recently appointed EPA administrator, Scott Pruitt. On the heels of Mr. Ali's resignation, President Trump released his budget blueprint, which called for reducing the EPA's budget... 2017
Tracey Meares THIS LAND IS MY LAND?: VAGRANT Nation. BY RISA GOLUBOFF. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2016. PP. VII, 471. $29.95 130 Harvard Law Review 1877 (May, 2017) Almost twenty years ago, I wrote in a piece with Professor Dan Kahan that one of the central features of modern criminal procedure was its unrelenting hostility toward institutionalized racism. Specifically, we argued that the Supreme Court in a series of cases such as Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright, and Papachristou v. City... 2017
Marianne Engelman Lado TOWARD CIVIL RIGHTS ENFORCEMENT IN THE ENVIRONMENTAL JUSTICE CONTEXT: STEP ONE: ACKNOWLEDGING THE PROBLEM 29 Fordham Environmental Law Review 1 (Symposium, 2017) In 2016, the Flint Water Advisory Task Force, a group appointed by Governor Rick Snyder to review the contamination of drinking water in Flint, Michigan, reached the inescapable conclusion that the Flint water crisis was a case of environmental justice. The Task Force reported, Flint residents, who are majority Black or African American and... 2017
Jeff Todd TRADE TREATIES, CITIZEN SUBMISSIONS, AND ENVIRONMENTAL JUSTICE 44 Ecology Law Quarterly 89 (2017) The history of the U.S. environmental justice movement reveals that successful campaigns are seldom waged solely through litigation. Instead, communities have employed litigation and administrative actions as part of a broader grassroots struggle to achieve short- and long-term change. Even when not successful on the merits, such actions can... 2017
David E. Adelman , Graeme W. Austin TRADEMARKS AND PRIVATE ENVIRONMENTAL GOVERNANCE 93 Notre Dame Law Review 709 (December, 2017) This Article examines the relationship between private environmental governance and trademark law. Over the past two decades, green trademarks and other forms of private governance have flourished in tandem with the retreat from national and international public law modalities of environmental regulation. The rising political opposition to... 2017
Raymond Cross TribES AS RICH NationS 38 Public Land & Resources Law Review 117 (2017) I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149... 2017
Rhett Larson, Brian Payne UNCLOUDING ARIZONA'S WATER FUTURE 49 Arizona State Law Journal 465 (Summer, 2017) A cloud hangs over the future of Arizona's water. The cloud has hung low and heavy for over forty years. The cloud is the ongoing adjudication of water rights in Arizona's courts, where the priority, amount, and use of virtually all non-Colorado River water in Arizona remain in dispute. Arizona's general stream adjudications cost the state, cities,... 2017
Leah H. Kim UNREASONABLE DISCRIMINation AGAINST AIR TRAVEL PASSENGERS 54 Washington University Journal of Law & Policy 275 (2017) The United States has implemented numerous fundamental changes in its policies to build greater national security in response to the events of September 11, 2001. Observing many changes and implementations, no aspect has been more drastically impacted than air travel. However, the greater change has come from individuals' perceptions of outsiders... 2017
Claire Glenn UPHOLDING CIVIL RIGHTS IN ENVIRONMENTAL LAW: THE CASE FOR EX ANTE TITLE VI REGULATION AND ENFORCEMENT 41 New York University Review of Law and Social Change 45 (2017) In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement. The old model is a poor fit for today's reality. Nowhere is this truth more... 2017
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