Trayce A. Hockstad RATS AND TREES NEED LAWYERS TOO: COMMUNITY RESPONSIBILITY IN DEODAND PRACTICE AND MODERN ENVIRONMENTALISM 18 Vermont Journal of Environmental Law 105 (Fall, 2016) Introduction. 106 I. A Historic Look at Legal Representation for Non-Human Objects: Community Responsibility. 108 A. Deodand Practice. 108 B. Implications of Deodand. 111 C. What Happened to Deodand?. 114 II. Modern Laws of Nature: Environmental Standing in the United States. 116 A. Ideological Shifts. 116 B. Where Do We Stand?. 118 III. The Danger... 2016
Blake Hudson RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM 68 Florida Law Review 1661 (November, 2016) Both critics and supporters of federal environmental law have called for its reform. Conservative scholars and policy makers in particular have called for reform due to the size, scope, and cost of the federal environmental bureaucracy. To date, however, conservatives have implemented few successful alternative environmental protection policies... 2016
Rachael E. Salcido REVIVING THE ENVIRONMENTAL JUSTICE AGENDA 91 Chicago-Kent Law Review 115 (2016) I. Introduction. 115 II. Environmental Justice in the U.S.. 118 III. Obama Administration EJ Actions. 122 A. Structural Actions. 122 1. EJ Plan 2014 and EJ Plan 2020. 122 2. Interagency Working Group. 126 3. Data Collection. 127 B. Grant Programming. 128 C. Regulatory and Enforcement Actions. 129 IV. E.O. Limits and Tensions of Environmental Law... 2016
J. Michael Angstadt SECURING ACCESS TO JUSTICE THROUGH ENVIRONMENTAL COURTS AND TribUNALS: A CASE IN DIVERSITY 17 Vermont Journal of Environmental Law 345 (Spring, 2016) Introduction. 346 I. Access to Justice and Pressing Societal Issues. 347 A. Indigenous Rights. 349 B. Environmental Justice. 349 II. Specialized Courts: An Institutional Mechanism for Enhancing Access to Justice?. 350 III. Method and Cases. 352 A. India. 352 B. New Zealand. 355 IV. Analysis. 357 A. Standing. 358 1. India National Green Tribunal.... 2016
David Takacs SOUTH AFRICA AND THE HUMAN RIGHT TO WATER: EQUITY, ECOLOGY, AND THE PUBLIC TRUST DOCTRINE 34 Berkeley Journal of International Law 55 (Fall, 2016) After liberation from apartheid in 1996, South Africa's new, progressive Constitution proclaimed: Everyone has the right to have access to sufficient food and water. In this paper, I analyze South Africa's revolutionary legal vision for marrying social equity to ecology in fulfilling the right to water. South Africa's successes and obstacles as a... 2016
Matthew T. King SOVEREIGNTY'S GRAY AREA: THE DELIMITATION OF AIR AND SPACE IN THE CONTEXT OF AEROSPACE VEHICLES AND THE USE OF FORCE 81 Journal of Air Law and Commerce 377 (Summer, 2016) Debate over the delimitation of airspace and outer space has persisted since the dawn of the space age, without resolution. With the development of hybrid aerospace vehicles that can operate in and transition between the two zones, the line between their disparate legal regimes will be tested. And this test may not come with an after-the-fact... 2016
William H. Holley STARTING FROM SCRATCH: REASSERTING "Indian COUNTRY" IN ALASKA BY PLACING ALASKA NATIVE LAND INTO TRUST 11 Florida A & M University Law Review 333 (Spring, 2016) 301 Introduction. 303 I. The Present Scheme of Native Land Ownership in Alaska. 305 A. The Legal Trajectory of Native Land Ownership in Alaska. 306 1. The Alaska Native Claims Settlement Act. 307 2. The Venetie Indian Country Decision. 309 B. The Practical Impact of ANCSA. 311 1. Poverty in Rural Alaska. 311 2. Policing Rural Alaska. 313... 2016
Darryll M. Halcomb Lewis THE CREATION OF A HOSTILE WORK ENVIRONMENT BY A WORKPLACE SUPERVISOR'S SINGLE USE OF THE EPITHET "NIGGER" 53 American Business Law Journal 383 (Summer, 2016) Far more than a mere offensive utterance, the word nigger is pure anathema to African-Americans. Perhaps no single act can more quickly alter the conditions of employment and create an abusive working environment than the use of an unambiguously racial epithet such as nigger by a supervisor in the presence of his subordinates. This article... 2016
James S. Burns THE CROWN LANDS TRUST: WHO WERE, WHO ARE, THE BENEFICIARIES? 38 University of Hawaii Law Review 213 (Winter, 2016) In his 2008 book Who Owns the Crown Lands of Hawai'i?, Professor Jon M. Van Dyke asked: What was the trust status of the Crown Lands before the [1893] overthrow? Assuming Professor Van Dyke intended to use the word Monarchs rather than Monarchy, this paper agrees with Professor Van Dyke's answer that a law enacted in 1865 took away the... 2016
Geneva E.B. Thompson THE DOUBLE-EDGED SWORD OF SOVEREIGNTY BY THE BARREL: HOW NATIVE NationS CAN WIELD ENVIRONMENTAL JUSTICE IN THE FIGHT AGAINST THE HARMS OF FRACKING 63 UCLA Law Review 1818 (August, 2016) Natural resource extraction has become an appealing form of economic growth for many Native nations. Nations have experienced booming economic growth and prosperity from oil and gas development, but this has come at the expense of environmental and social harms to their communities. These environmental and social harms develop because the oil and... 2016
Carmen G. Gonzalez THE ENVIRONMENTAL JUSTICE IMPLICATIONS OF BIOFUELS 20 UCLA Journal of International Law and Foreign Affairs 229 (Spring, 2016) Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of... 2016
Samit D'Cunha THE FIRST PLAGUE: THE DENIAL OF WATER AS A FORCIBLE TRANSFER UNDER INTERNationAL HUMANITARIAN LAW 24 Michigan State International Law Review 279 (2016) Introduction. 279 I. Determination of the Applicable Law in the West Bank. 282 II. The Scope of Deportation & Forcible Transfers Under Article 49 of the Fourth Geneva Convention. 287 III. Water Regulation in the West Bank. 292 A. Appropriation of Water Resources in the Aftermath of the Six Day War. 293 B. Water Regulation Under the Oslo Accords and... 2016
Liz Darling Edmondson THE INCORPORATION OF HEALTH IMPACT ANALYSIS INTO LAND USE REGULATION: USING HEALTH IMPACT ASSESSMENTS TO PROMOTE SUSTAINABLE, HEALTHY COMMUNITIES 8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 43 (2015-2016) A variety of health conditions are increasingly being connected to land use decision-making. Land use decisions, or policies that encourage suburban sprawl, can contribute to various adverse health impacts derived from neighborhoods that are not conducive to physical activity and increased traffic congestion that contributes to air pollution. Other... 2016
Nicole Zub THE NATURE OF EQUALITY: PROMOTING ENVIRONMENTAL JUSTICE IN KENTUCKY VIA THE FAIR HOUSING ACT 8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 591 (2015-2016) Across the United States, certain communities are subjected to more environmental hazards and pollution than others. A visit to any of the major cities will illuminate the disparities in living and working conditions for particular neighborhoods and populations. Despite that state environmental agencies are subject to Title VI of the Civil Rights... 2016
Michael Hozik THE OLYMPIC GAMES: A GLOBAL STAGE FOR ENVIRONMENTAL ACTIVISM AND PROGRESS 8/22/2016 Georgetown Environmental Law Review Online 1 (August 22, 2016) The 1994 Winter Olympics in Lillehammer, Norway were the first Olympic Games to explicitly include environmental considerations while preparing for and hosting of the Olympic Games. Since then, the International Olympic Committee (IOC) has updated its charter to encourage and support a responsible concern for environmental issues, to promote... 2016
Lécia Vicente THE TALE OF THE SILVER FOX: THE CO-EVOLUTION OF PROPERTY RIGHTS AND CONTRACTUAL ARRANGEMENTS IN LIMITED LIABILITY COMPANIES 26 Southern California Interdisciplinary Law Journal 189 (Fall, 2016) [W]hen we compare the dray-horse and race-horse, the dromedary and camel, the various breeds of sheep fitted either for cultivated land or mountain pasture, with the wool of one breed good for one purpose, and that of another breed for another purpose; when we compare the many breeds of dogs, each good for man in different ways; when we compare... 2016
Gavin Clarkson , Alisha Murphy TribAL LEAKAGE: HOW THE CURSE OF TRUST LAND IMPEDES TribAL ECONOMIC SELF-SUSTAINABILITY 12 Journal of Law, Economics & Policy 177 (Spring 2016) Gallup, New Mexico, is a border town just outside the Navajo Nation reservation with an estimated 22,000 residents; however, that number nearly triples on the first of the month. Social Security checks are distributed to elders and veterans on the first of the month, and most tribal members have neither access to a local bank nor sufficient... 2016
Kayla Kelly-Slatten UNCITRAL TRANSPARENCY: AN EXAMINation OF THE 2014 INTERNationAL ARBITRATION TRANSPARENCY RULES AND THEIR EFFECT ON INVESTOR-STATE ENVIRONMENTAL DISPUTES AND ECONOMIC FAIRNESS 8 Yearbook on Arbitration and Mediation 94 (2016) In 2002, Pacific Rim Mining Corporation (now owned by OceanaGold) began exploring gold mining in the Central American country El Salvador. Six years later, due to extreme public outcry regarding the polluted and depleted drinking water, Salvadoran President Elías Antonio Saca banned mineral mining, and denied all permits, including Pacific Rim's.... 2016
Jason W. Jutz UTILITY AIR REGULATORY GROUP v. ENVIRONMENTAL PROTECTION AGENCY: THE APOTHEOSIS OF IMPLICIT BIAS IN THE SUPREME COURT OF THE UNITED STATES OF AMERICA AGAINST ENVIRONMENTAL INTERESTS AND THEIR ADVOCATES 12 Journal of Animal & Natural Resource Law 53 (May, 2016) So confident am I in the intentions, as well as wisdom, of the government, that I shall always be satisfied that what is not done, either cannot, or ought not to be done. While I have a rather great respect for Thomas Jefferson, on this occasion, I do not share his view .. I take particular note of the epic failure by the Supreme Court of the... 2016
Caspar S. Miller A STATE OF INJUSTICE: APPLICATION OF AMERICAN ENVIRONMENTAL JUSTICE MOVEMENT PRINCIPLES TO SUB-SAHARAN AFRICA 36 Whittier Law Review 333 (Winter 2015) As society progresses in technology and industry, the greater the demand and stress upon the environment to fuel this advancement. Unfortunately, there is an end to every road, a place where waste and byproducts of industry go -- to facilities such as landfills, industrial plants, truck depots, or hazardous waste sites. Unsurprisingly, these sites... 2015
McCall Baugh AN UNFULFILLED PROMISE: HOW NationAL SECURITY DEFERENCE ERODES ENVIRONMENTAL JUSTICE 8 Golden Gate University Environmental Law Journal 81 (Spring, 2015) Environmental justice proponents seek equal treatment of every community regardless of color or socio-economic status. In particular, advocates highlight the environmental hazards that disproportionately affect low-income and minority communities. Much like other civil rights and environmental causes, environmental justice enjoyed an auspicious,... 2015
Sarah Schindler ARCHITECTURAL EXCLUSION: DISCRIMINation AND SEGREGATION THROUGH PHYSICAL DESIGN OF THE BUILT ENVIRONMENT 124 Yale Law Journal 1934 (April, 2015) The built environment is characterized by man-made physical features that make it difficult for certain individuals-- often poor people and people of color--to access certain places. Bridges were designed to be so low that buses could not pass under them in order to prevent people of color from accessing a public beach. Walls, fences, and highways... 2015
Ann M. Eisenberg BEYOND SCIENCE AND HYSTERIA: REALITY AND PERCEPTIONS OF ENVIRONMENTAL JUSTICE CONCERNS SURROUNDING MARCELLUS AND UTICA SHALE GAS DEVELOPMENT 77 University of Pittsburgh Law Review 183 (Winter, 2015) The debate surrounding the use of hydraulic fracturing (also known as fracking or HF) to extract natural gas from the Marcellus and Utica Shale deposits is often characterized as a tension between economic development and environmental risks. However, frequently missing from this dichotomy is the fact that the concerns of many who oppose HF use... 2015
Christopher K. Warren BLOWING THE WHISTLE ON ENVIRONMENTAL LAW: HOW CONGRESS CAN HELP THE EPA ENLIST PRIVATE RESOURCES IN THE FIGHT TO SAVE THE PLANET 42 Boston College Environmental Affairs Law Review 195 (2015) Following the 2008 financial crisis, regulators faced the task of returning the country to financial stability and protecting consumers. Given the challenges involved, Congress empowered the SEC and the CFTC, through the Dodd-Frank Act, to encourage whistleblowers to come forward through programs that provide significant financial rewards... 2015
Gregg P. Macey BOUNDARY WORK IN ENVIRONMENTAL LAW 53 Houston Law Review 103 (Fall, 2015) This Article introduces a new approach to environmental law, which I refer to as boundary work. Legal scholars organize environmental law around a series of boundary disputes. These include: federalism, beginning with the matching principle and the appropriate scale of response to pollution; statutory interpretation, including federal power to... 2015
Mallory Irwinsky COALBED METHANE DEVELOPMENT IN WYOMING AND MONTANA: THE POTENTIAL IMPACTS OF MONTANA V. WYOMING, COALBED METHANE DEVELOPMENT, AND WATER QUALITY ON THE TribES OF THE POWDER RIVER AND WIND RIVER BASINS 39 American Indian Law Review 553 (2014-2015) For the past few decades, the production of coalbed methane (CBM) across the United States has grown as the demand for fuel has increased across the nation, coupled with a desire for cleaner-burning energy sources. CBM, a form of natural gas, is not only cheaper to produce than conventional natural gas, but it is touted as a clean energy... 2015
Jootaek Lee CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY 107 Law Library Journal 259 (Spring, 2015) This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... 2015
Jessica Embree CRIMINALIZING LAND-GRABBING: ARGUING FOR ICC INVOLVEMENT IN THE CAMBODIAN LAND CONCESSION CRISIS 27 Florida Journal of International Law 399 (December, 2015) I. Introduction. 399 II. History of Land-Grabbing. 402 III. Current Legal Framework in Cambodia. 404 A. Land Ownership Rights for Individuals. 404 B. Land Ownership Rights for Indigenous Communities. 405 C. Legal Framework and Procedures for Land Concessions. 406 D. Methods of Redress for Land Right Disputes. 408 IV. The International Criminal... 2015
Eirik Torsvoll DETERRING CONFLICT WITH CHINA: A COMPARISON OF THE AIR-SEA BATTLE CONCEPT, OFFSHORE CONTROL, AND DETERRENCE BY DENIAL 39-WTR Fletcher Forum of World Affairs 35 (Winter, 2015) China has, ever since the 1996 Taiwan Strait Crisis, attempted to develop the means to counter America's power projection abilities in the Asia-Pacific. During the Crisis, President Clinton deployed two U.S. aircraft carrier battle groups to the region in order to coerce China to end its hostilities toward Taiwan. The event greatly accelerated... 2015
Cara McClellan DISCRIMINation AS DISRUPTION: ADDRESSING HOSTILE ENVIRONMENTS WITHOUT VIOLatinG THE CONSTITUTION 34 Yale Law and Policy Review Inter Alia 1 (Fall, 2015) In early March 2015, a video surfaced showing members of the Sigma Alpha Epsilon (SAE) fraternity at the University of Oklahoma chanting: There will never be a nigger at SAE . you can hang him from a tree, but he'll never sign with me. Following the wide circulation of this video, the university's president expelled two students leading the... 2015
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