Ann C. McGinley , Ryan P. McGinley-Stempel BEYOND THE WATER COOLER: SPEECH AND THE WORKPLACE IN AN ERA OF SOCIAL MEDIA 30 Hofstra Labor and Employment Law Journal 75 (Fall 2012) In democracy it's your vote that counts; in feudalism it's your count that votes. -Mogens Jallberg Few would dispute the proposition that free speech and association play an important role in the operation of a healthy democracy. This is particularly true in the American context, where an elected republic of the people, by the people, for the... 2012
Catherine M.H. Keske, Ph.D. , Greta G. Lohman, M.S. BIOCHAR: AN EMERGING MARKET SOLUTION FOR LEGACY MINE RECLAMATION AND THE ENVIRONMENT 6 Appalachian Natural Resources Law Journal 1 (2011-2012) In this article, the authors propose that mining companies consider investigating the economic and ecological feasibility of biochar. Biochar is essentially charcoal. Preliminary research shows linkages between biochar and improvements in vegetative cover (eg. grasses), which effectively reduces erosion, run-off, and sedimentation in rivers and... 2012
Antonius R. Hippolyte CALLS FOR NationAL INTERVENTION IN THE TOXIC WASTE TRADE WITH AFRICA: A CONTEMPORARY ISSUE IN THE ENVIRONMENTAL JUSTICE DEBATE 58 Loyola Law Review 301 (Summer 2012) [T]he greatest environmental injustices are between the developed and the developing world. There is injustice internationally which those of us who believe in a fairer distribution of power, wealth and opportunity cannot and will not accept. Environmentalists argue that calls for environmental justice have grown recently, while economists... 2012
Duchess Harris, Craig Green, Keesha Gaskins CIVIL RIGHTS LAW AND THE VALLEY SWIM CLUB: "TROUBLE THE WATERS" IN THE AGE OF OBAMA 3 William Mitchell Law Raza Journal 1 (Spring 2012) C1-2TABLE OF CONTENTS I. INTRODUCTION 2 II. EQUALITY THROUGH THE CONSTITUTION, THE COURTS AND CONGRESS 3 A. Overview 3 B. The Constitution 3 C. 42 U.S.C. § 1981 8 D. 42 U.S.C. § 2000a 10 III. LEGAL DISCRIMINATION - LIMITS OF THE LAWS 15 A. The First Amendment 15 B. Restrictive Covenants 17 IV. WADE IN THE WATER: NOT IN OUR POOL 21 V. ANALYSIS 26 A.... 2012
Professor Alice Kaswan CLIMATE CHANGE, THE CLEAN AIR ACT, AND INDUSTRIAL POLLUTION 30 UCLA Journal of Environmental Law & Policy 51 (2012) I. The Role of Co-pollutant Considerations in Climate Policy. 55 A. The Value of a Comprehensive Approach. 57 B. The Benefits of Integrating Co-pollutant Considerations into Climate Policy. 62 1. The Environmental Benefits of Integrating Co-pollutant Considerations. 62 a. Existing Air Pollution. 63 b. Do Climate Policies Reduce Co-pollutants?. 64... 2012
Cynthia Hawkins DeBose COLONIAL WHITE MATER PRIVILEGE: AN ABOVE-GROUND RAILROAD TO FREEDOM AND LAND RECLAMATION 55 Howard Law Journal 455 (Winter 2012) INTRODUCTION. 457 I. Anti-Miscegenation Statutes. 459 II. Thesis--Colonial White Mater Privilege. 463 III. Colonial Maryland: A Mixing of the Races. 464 IV. The Tayles of the Whyte Matriarchs. 467 A. The Shorter Family. 467 B. The Hawkins Family. 468 V. Petitions for Freedom & Land Reclamation Cases: Testing the Theory in Maryland. 469 A. William &... 2012
Alec D. Van Ryan COMMUNITY ENGAGEMENT: ONE POINT OF VIEW ON THE EPA'S NEWLY REDEFINED ENVIRONMENTAL JUSTICE INITIATIVE & PATH FORWARD STRATEGIES FOR COUNSEL AND INDUSTRY 81 Mississippi Law Journal 691 (2012) Common sense is not so common. Voltaire This paper is both a departure and an arrival. A departure in that as I began my career as a journalist I tried to avoid dabbling in the first person . and yet I find that perhaps my account of the journey along the environmental justice pathway is best told from my point of view since there are other... 2012
Elizabeth Burleson COOPERATIVE FEDERALISM AND HYDRAULIC FRACTURING: A HUMAN RIGHT TO A CLEAN ENVIRONMENT 22 Cornell Journal of Law & Public Policy 289 (Winter 2012) This Article argues that filling the energy governance gaps regarding unconventional natural gas can best be accomplished through collaborative governance that is genuinely adaptive and cooperative. Through cooperative federalism, combined with procedural rights for inclusive, innovative decision-making, state and non-state actors should design and... 2012
Joseph Lam COUPLING ENVIRONMENTAL JUSTICE WITH CARBON TRADING 12 Sustainable Development Law & Policy 40 (Winter, 2012) Cap and trade has become the mechanism of choice for many American lawmakers seeking to address the global issue of climate change. The recent adoption of the California cap and trade system has further spurred present discussions on whether a domestic cap and trade system to regulate greenhouse gas (GHG) emissions would be most effective in... 2012
Zelena Jones CULTURE'S TIES TO THE LAND: THE BELIZE-GUATEMALA BORDER CONFLICT'S IMPLICATIONS FOR THE MAYA COMMUNITIES IN LIGHT OF THE UN DECLARATION 29 Wisconsin International Law Journal 773 (Winter 2012) The border dispute between Belize and Guatemala is one of the oldest territorial conflicts in the Americas. Presently, Guatemala asserts a territorial claim to the southern half of Belize where many indigenous communities live. Focusing specifically on the Maya communities due to the ground-breaking land rights decisions of 2008 and 2010, this... 2012
Nerissa-Anne D. Robinson DEFERRING ENVIRONMENTAL JUSTICE IN MISSISSIPPI: AGENCY DEFERENCE LEGACY IMPACTS SOUTHERN Black COMMUNITIES 6 Southern Region Black Law Students Association Law Journal 100 (Spring 2012) Case Note of the Year Some may wish they were in Dixie, but for residents of Hinds County, Mississippi, this is questionable. Their home has become a hot spot for garbage dumps. Unfortunately, the problem has worsened since Mississippi courts have sided with the permitting board and commission that allowed the opening of a new dump. In Hinds... 2012
Paula J. Schauwecker DIVERSITY IN ENVIRONMENTAL PRACTICE: HOW ARE WE DOING? 26-WTR Natural Resources & Environment 58 (Winter, 2012) Environmental law as a focused practice area is young. Having begun in the 1970s, it is now welcoming the second generation of environmental lawyers to the practice. There are many ways the legal profession has changed in the last 35 years and progress has been made in bringing more diverse attorneys into the profession, but some would say that the... 2012
Camille Pannu DRINKING WATER AND EXCLUSION: A CASE STUDY FROM CALIFORNIA'S CENTRAL VALLEY 100 California Law Review 223 (February, 2012) The American West is notorious for its water wars, and California's complex water allocation and governance challenges serve as a bellwether for contemporary water governance across western states. Policy makers and environmental advocates typically represent California's water woes as a regulatory problem--a failure to balance the needs of growing... 2012
James M. Van Nostrand ENERGY AND ENVIRONMENTAL JUSTICE: HOW STATES CAN INTEGRATE ENVIRONMENTAL JUSTICE INTO ENERGY-RELATED PROCEEDINGS 61 Catholic University Law Review 701 (Summer, 2012) I. Specific Energy-Related Proceedings. 705 A. Public Service Commission's Energy Efficiency Portfolio Standard (EEPS) Proceeding. 707 1. Background. 707 2. Working Group VIII Final Report. 708 3. The Technical Study Group's Initial Assessment. 710 4. The PSC's Demand-Response Proceeding. 711 B. RGGI Advisory Group. 714 1. Background. 714 2.... 2012
Jonathan C. Augustine ENVIRONMENTAL JUSTICE AND ESCHATOLOGY IN REVELATION 58 Loyola Law Review 325 (Summer 2012) The concept of environmental justice is not new. While some scholars and activists trace its origins as part of the ongoing American Civil Rights Movement--a movement which emerged within the interdisciplinary connection of law and religion--this Essay argues that the concept of environmental justice has deep origins in the Holy Bible. With a... 2012
Tom E.R.B. West ENVIRONMENTAL JUSTICE AND INTERNationAL CLIMATE CHANGE LEGISLATION: A COSMOPOLITAN PERSPECTIVE 25 Georgetown International Environmental Law Review 129 (2012) International climate change negotiations are fraught with indecision, conflicting opinions and confusion and are, as a consequence, constantly in danger of reaching a no-score draw stalemate. The unwieldy complexities of the political, scientific, legal and social challenges of climate change reinforce one another to the extent that a clear... 2012
Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson ENVIRONMENTAL JUSTICE AND THE BP DEEPWATER HORIZON OIL SPILL 20 New York University Environmental Law Journal 99 (2012) This Article analyzes the environmental justice implications of the BP Deepwater Horizon Oil Spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems... 2012
Albert Huang ENVIRONMENTAL JUSTICE AND TITLE VI OF THE CIVIL RIGHTS ACT: A CRITICAL CROSSROADS 43 No. 4 ABA Trends 6 (March/April, 2012) Environmental justice (EJ) is a grassroots, community-based movement that addresses the disproportionate burden of toxic pollution and lack of environment benefits/amenities borne by low-income communities and communities of color. From a litigation perspective, the movement has mostly relied on traditional environmental laws to address... 2012
Alexandra Dapolito Dunn , Adam Weiss ENVIRONMENTAL JUSTICE IN PERMITTING: STATE INNOVATIONS TO ADVANCE ACCOUNTABILITY 81 Mississippi Law Journal 747 (2012) L1-2Introduction . R3747. I. U.S. Environmental Protection Agency's Approach. 752 II. State Approaches. 754 A. A Policy Approach--Illinois. 755 B. An EJ Permit Policy--New York. 758 C. A Statutory Approach--Connecticut. 761 III. Moving States Forward. 765 L1-2Conclusion . R3768. 2012
Uma Outka ENVIRONMENTAL JUSTICE ISSUES IN SUSTAINABLE DEVELOPMENT: ENVIRONMENTAL JUSTICE IN THE RENEWABLE ENERGY TRANSITION 19 Journal of Environmental and Sustainability Law 60 (Summer, 2012) C1-2Table of Contents I. Introduction. 62 II. The Role of Renewable Energy in Sustainable Development. 67 III. Environmental Justice Issues For Renewable Energy. 74 A. Community Context for Renewable Energy Siting. 75 1. Wind and Solar. 77 2. Biomass. 81 B. Defining Renewable Energy in Law. 86 C. Renewable Energy and Green Economy Access. 92 IV.... 2012
David Deganian ENVIRONMENTAL JUSTICE ON MY MIND: MOVING GEORGIA'S ENVIRONMENTAL PROTECTION DIVISION TOWARD THE CONSIDERATION OF ENVIRONMENTAL JUSTICE IN PERMITTING 2 Barry University Environmental and Earth Law Journal 33 (Summer, 2012) Under the Obama Administration, the Environmental Protection Agency (EPA) is leading efforts to incorporate environmental justice measures into its inner-workings. So, too, are numerous other federal agencies. These efforts, however, have little practical effect at the state level where sources of pollution, such as coal-fired power plants and... 2012
Jingjing Liu ENVIRONMENTAL JUSTICE WITH CHINESE CHARACTERISTICS: RECENT DEVELOPMENTS IN USING ENVIRONMENTAL PUBLIC INTEREST LITIGATION TO STRENGTHEN ACCESS TO ENVIRONMENTAL JUSTICE 7 Florida A & M University Law Review 229 (Spring 2012) I. Introduction. 230 II. Environmental Justice in the Chinese Context. 231 A. Environmental Disparities Between Eastern and Western Regions. 234 B. Environmental Disparities Between Urban and Rural Areas. 235 C. Migrant Workers as a Vulnerable Group to Environmental Risks. 237 III. Employing Environmental Public Interest Litigation to Improve... 2012
Nicholas C. Christiansen ENVIRONMENTAL JUSTICE: DECIPHERING THE MAZE OF A PRIVATE RIGHT OF ACTION 81 Mississippi Law Journal 843 (2012) L1-2Introduction . R3844. I. The Failed Legal Tactic of the Equal Protection Doctrine. 849 A. Equal Protection Jurisprudence: A Brief Background. 849 B. Hammering a Square Peg in a Round Hole: The Equal Protection Doctrine and Environmental Justice Litigation. 852 II. The Attempt at Rectifying Environmental Racism: From Executive Orders to... 2012
Mark A. Chertok, Jonathan Kalmuss-katz ENVIRONMENTAL LAW 62 Syracuse Law Review 661 (2012) Introduction. 661 I. Summary Overview of SEQRA. 663 II. Regulatory Developments. 666 A. Proposed Environmental Assessment Form Revisions. 666 B. Revised SEQR Handbook. 668 III. Legislative Developments. 669 IV. Case Law Developments. 670 A. Bronx Committee for Toxic Free Schools and SEQRA Review of Brownfield Site Cleanups and Requirement for SEIS.... 2012
Eileen Gauna ENVIRONMENTAL LAW, CIVIL RIGHTS AND SUSTAINABILITY: THREE FRAMEWORKS FOR ENVIRONMENTAL JUSTICE 19 Journal of Environmental and Sustainability Law 34 (Summer, 2012) Prominent environmental justice activist Deeohn Ferris once quipped, We are all in a sinking ship, people of color and poor are just closer to the hole. This metaphor captures the intuitive idea that we really cannot get to a sustainable level of development until we deal with the very hard set of issues that have been raised by those in the... 2012
Caitlin Shay FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNationAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION 27 American University International Law Review 133 (2012) INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... 2012
Maria Greco Danaher FEDERAL APPELLATE COURT OUTLINES PARAMETERS FOR RACIALLY HOSTILE ENVIRONMENT 14 No. 19 Lawyers Journal 9 (September 21, 2012) One of the issues most frequently litigated in employment cases is whether the remarks and actions of an employer rise to the level of the hostile work environment needed to support a claim of discrimination. The 10th U.S. Circuit Court of Appeals recently addressed this issue and provided some clarity to the definition. The court added its voice... 2012
Tiernan Mennen , Cynthia Morel FROM M'INTOSH TO ENDOROIS: CREATION OF AN INTERNationAL IndigenOUS RIGHT TO LAND 21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... 2012
Charles J. Ten Brink GAYBORHOODS: INTERSECTIONS OF LAND USE REGULATION, SEXUAL MINORITIES, AND THE CREATIVE CLASS 28 Georgia State University Law Review 789 (Spring, 2012) This Article advocates the municipal encouragement and maintenance of diversity, specifically the inclusion of sexual minorities, through changes in the traditional application of the forms of land use regulation. Bringing together previously distinct conversations about the societal goals of land use planning and the social value placed on... 2012
Kevin C. Foy HOME IS WHERE THE HEALTH IS: THE CONVERGENCE OF ENVIRONMENTAL JUSTICE, AFFORDABLE HOUSING, AND GREEN BUILDING 30 Pace Environmental Law Review 1 (Fall 2012) Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... 2012
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