Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Terry Ann Campbell |
ENVIRONMENTAL CONSTITUTIONALISM: MARRYING THE DUE PROCESS CLAUSE AND THE EQUAL PROTECTION CLAUSE WITH CLIMATE CHANGE |
22 Vermont Journal of Environmental Law 103 (Spring, 2021) |
Introduction. 104 I. Background. 107 A. The U.S. is Yet to Recognize That Climate Change is a Global Issue That has Nefarious Effects on Human and Civil Rights. 108 B. Violating the Fifth and Fourteenth Amendments is Contrary to the Rule of Law. 109 C. Climate Change Imposes an Obligation to Protect Fundamental Rights. 111 D. The Juliana III Ruling... |
2021 |
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Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Lissa Griffin, Keith Hirokawa, Sarah Krakoff, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs |
ENVIRONMENTAL LAW, DISRUPTED BY COVID-19 |
51 Environmental Law Reporter (ELI) 10509 (June, 2021) |
For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing... |
2021 |
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Kimberly L. Bick |
ENVIRONMENTAL PARITY AND OUTDOOR EQUITY |
63-APR Orange County Lawyer 36 (April, 2021) |
This month we celebrate Earth Day, but Earth Day represents more than one day set aside to plant trees or pick up trash at the beach. It was founded after three-million gallons of crude oil spilled into the Pacific Ocean just off the coast of Santa Barbara, California, in 1969, creating an oil slick thirty-five miles long along California's coast... |
2021 |
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Brandon I. Weinreb |
ESPORTS AND HARASSMENT: ANALYZING PLAYER PROTECTIONS IN A HOSTILE WORK ENVIRONMENT |
57 California Western Law Review 473 (Spring, 2021) |
C1-2Table of Contents Introduction. 474 I. The Nature & Increasing Popularity of Esports. 476 A. What is Esports?. 476 B. The Rise of Esports. 478 II. Employment Status of Esports Players. 479 A. The Economic-Realities Test. 480 B. Esports Players Are Employees Under the Economic-Realities Test. 482 III. Title VII & the Hostile Nature of Online... |
2021 |
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Martha F. Davis |
FREEDOM FROM THIRST: A RIGHT TO BASIC HOUSEHOLD WATER |
42 Cardozo Law Review 879 (June, 2021) |
C1-2Table of Contents Introduction. 879 I. A Fifth Freedom?. 887 II. Finding the Human Right to Water. 894 III. The Constitutional Right to Water Around the World. 900 IV. Constitutional Rights to Basic Water under United States Law. 904 Conclusion. 910 |
2021 |
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Joerika Stitt |
GUN VIOLENCE AND DE FACTO SEGREGATION: COULD ENVIRONMENTAL DISCRIMINation BE FUELING CHICAGO'S SOARING GUN VIOLENCE? |
11 Wake Forest Journal of Law and Policy 395 (2021) |
Shirley Chambers is a Chicago resident who has experienced the unimaginable: her four children, three sons and one daughter, were all shot and killed in Chicago's Lawndale neighborhood. After her first three children were murdered, Ms. Chambers recalled feeling sadder for her last remaining son more than she felt for herself. She reported, I... |
2021 |
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Sascha Dov Bachmann , Ikechukwu P. Ugwu |
HARDIN'S 'TRAGEDY OF THE COMMONS': IndigenOUS PEOPLES' RIGHTS AND ENVIRONMENTAL PROTECTION: MOVING TOWARDS AN EMERGING NORM OF IndigenOUS RIGHTS PROTECTION? |
6 One J: Oil and Gas, Natural Resources, and Energy Journal 547 (May, 2021) |
Most of the world's natural resources can be found on the territories of indigenous peoples. This puts indigenous peoples in a position where they are not only subjected to environmental hazards, as a result of the mining and exploitation of these resources, but are also denied the use and control of these resources. In addition, the proximity to... |
2021 |
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Todd Anthony Walker |
HEALING RACISM'S WOUNDS: ON RACIAL RECKONING & OBAMA'S "A PROMISED LAND" |
6 Columbia Human Rights Law Review Online 34 (November 11, 2021) |
Legal controversies surrounding race and racism have persisted in America from its inception, but not without intervention. Supreme Court decisions in Dred Scott, Plessy and Brown trace the Court's jurisprudential evolution while, legislatively, the passage of the post-civil rights Amendments, and, more recently, The Civil Rights Act of 1964,... |
2021 |
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David B. Schorr |
HORIZONTAL AND VERTICAL INFLUENCES IN COLONIAL LEGAL TRANSPLANTATION: WATER BY-LAWS IN BRITISH PALESTINE |
61 American Journal of Legal History 308 (September, 2021) |
Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial... |
2021 |
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Annie Petsonk |
HOW PROFESSOR STEWART HAS PROMOTED EQUITY, EFFECTIVENESS, AND TRANSPARENCY IN ENVIRONMENTAL LAW: A PRACTITIONER'S VIEW |
29 New York University Environmental Law Journal 659 (2021) |
Introduction. 659 I. Promoting Equity and Effectiveness: Proof Positive in California. 660 II. Transparency: Proof Positive in International Administrative Law. 667 III. Concluding Remarks: A Personal Look-Back and Look-Ahead. 673 |
2021 |
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Travis D. Jones |
HUMANS LONG IGNORED: REVISITING NEPA'S DEFINITION OF "HUMAN ENVIRONMENT" IN THE ERA OF Black LIVES MATTER |
32 Villanova Environmental Law Journal 1 (2021) |
In 2020, the Black Lives Matter movement brought state-sanctioned violence against African Americans to the forefront of public discourse. In the wake of the horrific killing of George Floyd, highly charged protests exploded around the country, from Washington D.C. to Dallas to Portland. Across the internet, social media timelines and profile... |
2021 |
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Kenneth A. Stahl |
INCORPORATING TRANSPORTATION TOPICS INTO THE LAND USE CURRICULUM |
106 Iowa Law Review 2451 (July, 2021) |
Land use and transportation are intricately linked. Transportation intersects with some of the most important issues covered in the land use law curriculum, including among others the wisdom of Euclidean zoning ordinances that mandate the segregation of uses, the advantages and disadvantages of ad hoc land use decision-making processes... |
2021 |
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Aila Hoss |
IndianA'S Indian LAWS: IndigenOUS ERASURE AND RACISM IN THE LAND OF THE IndianS |
30-SPG Kansas Journal of Law & Public Policy 184 (Spring, 2021) |
In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University who reviewed a draft of the proposal stated that the author needed to clear why a team from the middle of Indiana is positioned to conduct this research and that it is her job to point out the obvious. In the author's... |
2021 |
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Dr. Daniel Rietiker |
IndigenOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNationAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION |
44 Suffolk Transnational Law Review 1 (Winter, 2021) |
While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... |
2021 |
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Cody Uyeda |
MOUNTAINS, TELESCOPES, AND BROKEN PROMISES: THE DIGNITY TAKING OF HAWAII'S CEDED LANDS |
28 Asian American Law Journal 65 (2021) |
Introduction. 66 I. Why Native Hawaiian Dignity Restoration Matters Today. 67 A. Bettering Native Hawaiian Health. 67 B. Re-Righting Hawaiian History. 69 II. Hawaii's Annexation and Formation of the Ceded Lands. 70 A. Overthrow and Annexation. 70 B. Formation of Hawaii's Ceded Lands. 71 C. The Ceded Lands Dispute. 74 D. The Ceded Lands Today. 76... |
2021 |
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Jesse Hevia |
NEPA AND GENTRIFICATION: USING FEDERAL ENVIRONMENTAL REVIEW TO COMBAT URBAN DISPLACEMENT |
70 Emory Law Journal 711 (2021) |
Cities are embracing green spaces and environmental amenities. But as government and private investment surges into urban neighborhoods, residents of historically disinvested communities are evicted and displaced to make room for a wealthier--and often whiter--demographic. The National Environmental Policy Act requires federal agencies to prepare... |
2021 |
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Matthew Woodward |
NOT APPROVED FOR HUMAN CONSUMPTION: A STUDY OF THE DENMARK WATER CRISIS, A CALL FOR REFORMING THE SDWA, AND A DEMAND FOR COMMUNITY LAWYERING IN RURAL AMERICA |
45 William and Mary Environmental Law and Policy Review 881 (Spring, 2021) |
Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, an estimated 16.4 million cases of acute gastroenteritis are linked to public drinking water. For many Americans, drinking water--perhaps the most important cornerstone of human health--has become cause for... |
2021 |
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Anika Singh Lemar |
OVERPARTICIPATION: DESIGNING EFFECTIVE LAND USE PUBLIC PROCESSES |
90 Fordham Law Review 1083 (December, 2021) |
There are more opportunities for public participation in the planning and zoning process today than there were in the decades immediately after states adopted the first zoning enabling acts. As a result, today, public participation, dominated by nearby residents, drives most land use planning and zoning decisions. Enhanced public participation... |
2021 |
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Jennifer Black, Amanda Moreland, Montrece McNeill Ransom, Emely Sanchez |
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES: USING LAW AND POLICY TO ADDRESS THESE ENVIRONMENTAL HEALTH HAZARDS IN THE UNITED STATES |
31 Health Matrix: Journal of Law-Medicine 341 (2021) |
C1-2Contents Introduction. 342 I. Phase-Out Actions. 346 A. PFOA Stewardship Program. 347 B. TSCA. 348 C. Stockholm Convention. 350 II. Current Federal Approaches. 352 A. Safe Drinking Water Act. 352 B. EPA's Health Advisories. 355 C. ATSDR and CERCLA. 358 D. Congressional Actions. 361 III. Current State Approaches. 363 IV. Looking Forward. 366 |
2021 |
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Karen Engle , Lucas Lixinski |
QUILOMBO LAND RIGHTS, BRAZILIAN CONSTITUTIONALISM, AND RACIAL CAPITALISM |
54 Vanderbilt Journal of Transnational Law 831 (October, 2021) |
The 1988 Brazilian Constitution, the first in a wave of new democratic and multicultural constitutions in Latin America, contains a transitory provision guaranteeing collective land rights to quilombo communities. These communities are composed of quilombolas, primarily descendants of formerly enslaved Africans, many of whom had escaped slavery. A... |
2021 |
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Danielle A. Bernstein |
REASONABLENESS IN HOSTILE WORK ENVIRONMENT CASES AFTER #METOO |
28 Michigan Journal of Gender & Law 119 (2021) |
The #MeToo movement, a global social response to sexual harassment in the workplace, has turned the traditional approach to sexual harassment on its head. Instead of shielding perpetrators and discrediting survivors, employers, the media, and the public have begun to shift from presuming the credibility of the perpetrator to presuming the... |
2021 |
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Bernard James |
RESTORATIVE JUSTICE LIABILITY: SCHOOL DISCIPLINE REFORM AND THE RIGHT TO SAFE SCHOOLS |
51 University of Memphis Law Review 557 (Spring, 2021) |
I. The Common Wisdom on Student Safety. 557 II. Alterations in the Underlying Law on Student Safety. 561 III. School Discipline Reform: Conflicting Responses to Misconduct. 568 IV. The Three Great Questions on Liability. 573 Litigation challenging school discipline policies is on the upswing. Ordinarily, courts act to constrain judicial review of... |
2021 |
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Samia R. Broadaway, Paulina Williams |
RETROSPECTIVE ON DRINKING WATER LITIGATION FROM FLINT, MICHIGAN |
52 No. 4 ABA Trends 6 (March/April, 2021) |
The facts of Flint, Michigan's water crisis are now well known: in April 2014, the city of Flint, facing serious financial trouble, was supervised by an emergency manager appointed by then-Governor Snyder. The emergency manager was tasked with implementing cost-saving measures. In one such cost-saving effort, the city switched its water supply from... |
2021 |
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Monica Krup |
RIOT BOOSTING: SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, IndigenOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST |
22 Rutgers Race & the Law Review 293 (2021) |
In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... |
2021 |
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Dana McClure |
SLEEP NOW IN THE FIRE: ANTI-PROTEST LAWS AND THE ENVIRONMENTAL MOVEMENT |
11 Arizona Journal of Environmental Law & Policy 209 (Summer, 2021) |
So raise your fists And march around Just don't take what you need I'll jail and bury those committed And smother the rest in greed Since 2017, in response to the nonviolent protests against the Dakota Access Pipeline, more than a dozen states across the country adopted legislation limiting citizens' ability to protest against fossil fuel... |
2021 |
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Cristal E. Jones, M.B.A. , University of Oregon School of Law |
STILL STRANGERS IN THE LAND: ACHIEVEMENT BARRIERS, BURDENS, AND BRIDGES FACING African american STUDENTS WITHIN PREDOMINATELY WHITE LAW SCHOOLS |
39 Minnesota Journal of Law & Inequality 13 (Winter, 2021) |
This Article examines the barriers to an environment where African American law students no longer view themselves, and no longer are viewed as, what American abolitionist Harriet Tubman coined, a stranger in a strange land. In this Article, I explain the research on the structural, psychological, and social factors that face the African American... |
2021 |
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James Pollack , Frank Sturges |
STRUGGLING TO FIND A RAPANOS NEXUS: MAUI AND THE EXPANSION OF CLEAN WATER ACT REGULATION |
48 Ecology Law Quarterly 49 (2021) |
The Supreme Court has long struggled to define the scope of federal jurisdiction over pollution control under the Clean Water Act (CWA). During the Court's last term, that issue returned to the forefront in County of Maui, Hawaii v. Hawaii Wildlife Fund. The case involved pollution from a wastewater treatment facility that reached the Pacific Ocean... |
2021 |
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Jeff Todd |
THE (DE)MYSTIFICATION OF ENVIRONMENTAL INJUSTICE: A DRAMATISTIC ANALYSIS OF LAW |
93 Temple Law Review 597 (Spring, 2021) |
Although Kenneth Burke is the preeminent rhetorician of the modern era, and his theories have been applied to issues of social change and the environment (including by legal scholars), the role of justice and law in his critical method of dramatism have received only passing treatment. This Article is therefore the first in any discipline to... |
2021 |
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Robert B. Keiter |
THE EMERGING LAW OF OUTDOOR RECREATION ON THE PUBLIC LANDS |
51 Environmental Law 89 (Spring, 2021) |
Outdoor recreation is assuming a prominent role across the public lands, presenting the responsible federal agencies with difficult, new management challenges. Since World War II, recreational uses of public lands have been on a steady upward trajectory, which has only accelerated during this century. Today, an increasingly diverse array of outdoor... |
2021 |
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Roger Merino |
THE LAND OF NationS: IndigenOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNationAL LAW |
115 AJIL Unbound 129 (2021) |
Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... |
2021 |
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Ann M. Eisenberg, Elizabeth Kronk Warner |
THE PRECIPICE OF JUSTICE: EQUITY, ENERGY, AND THE ENVIRONMENT IN Indian COUNTRY AND RURAL COMMUNITIES |
42 Energy Law Journal 281 (2021) |
Editor's Note: As the authors mention at footnote 1, the ideas presented in their essay were first shared during a panel presentation in February of this year at the at the University of Florida Levin College of Law's annual Public Interest Environmental Conference. We and the authors have described their piece as an essay and not an article... |
2021 |
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Meghan O'Connor |
THE SECRETARY OF THE INTERIOR HAS THE AUTHORITY TO TAKE LAND INTO TRUST FOR FEDERALLY RECOGNIZED ALASKA TribES |
45 American Indian Law Review 89 (2021) |
Acreage proves Alaska is the largest state in the United States by far, but for Alaska Natives this land, specifically trust land, has posed an issue for decades. For almost forty years, the Department of the Interior (DOI) has debated over whether the Secretary of the Interior can take land into trust in Alaska. Trust land is an important tool to... |
2021 |
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Chloe Ahmann, Cornell University |
THE SUSTAINABILITY MYTH: ENVIRONMENTAL GENTRIFICATION AND THE POLITICS OF JUSTICE, MELISSA CHECKER (NEW YORK: NYU PRESS, 2020) |
44 PoLAR: Political and Legal Anthropology Review 1 (2021) |
I ordered them to build [the Emerald City], and . I put green spectacles on all the people, so that everything they saw was green. But isn't everything here green? asked Dorothy. No more than in any other city, replied Oz. - L. Frank Baum, The Wonderful Wizard of Oz Surely this is the revelation Melissa Checker has in mind when she calls... |
2021 |
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Barry E. Hill |
TIME HAS COME TODAY FOR ENVIRONMENTAL AND CLIMATE JUSTICE LEGISLATION |
51 Environmental Law Reporter (ELI) 10102 (February, 2021) |
The Stock Market Crash of 1929, and the Great Depression that followed from August 1929-March 1933, shook the foundation of America to its core. During a July 24, 1933, radio address, President Franklin D. Roosevelt (D) coined the phrase the first 100 days, specifically referring to the period of time in which a new administration's success in... |
2021 |
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Samantha T. Edgell |
TOTO, I'VE A FEELING THE ENVIRONMENT ISN'T SAFE FROM CRYPTOCURRENCY ANYMORE: THE DEGRADING ECOLOGICAL EFFECTS OF BITCOIN AND DIGITAL CURRENCIES |
32 Villanova Environmental Law Journal 69 (2021) |
Cryptocurrencies are traded forms of digital assets that are extracted from digital locations after high-powered computers run complex algorithms. The mining of cryptocurrencies has a detrimental effect on the environment. Although it may seem that cryptocurrency and climate change are unrelated, studies have shown there to be a strong connection.... |
2021 |
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Jaime Alison Lee |
TURNING PARTICIPATION INTO POWER: A WATER JUSTICE CASE STUDY |
28 George Mason Law Review 1003 (Spring, 2021) |
Water systems throughout the United States are broken, both literally and figuratively. The purpose of water utilities is to provide access to clean and convenient water, which promotes human health and productivity. Yet, a growing number of utilities charge unconscionable prices for water and otherwise carry out policies that decrease, rather than... |
2021 |
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Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TribAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
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Skye M. Walker |
WARS, WALLS, AND WRECKED ECOSYSTEMS: THE CASE FOR PRIORITIZING ENVIRONMENTAL CONSERVATION IN A NationAL SECURITY-CENTRIC LEGAL SYSTEM |
51 Environmental Law 913 (Summer, 2021) |
Maintaining a strong military. Furthering national security by securing the skies, seas, and borders. Promoting peace and order by using tear gas to diffuse chaotic and potentially dangerous situations. To the U.S. government, these are laudable objectives--objectives that often outweigh other policy goals such as environmental conservation. As a... |
2021 |
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Jennifer J. Seely |
WATER BANKS IN WASHINGTON STATE: A TOOL FOR CLIMATE RESILIENCE |
96 Washington Law Review 729 (June, 2021) |
Water banks--a tool for exchanging senior water rights and offsetting new ones--can address multiple problems in contemporary water law. In the era of climate change, water banks enable needed flexibility and resilience in water allocation. As growing cities require new water rights, water banks can repurpose old water for new uses. These... |
2021 |
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Philippe Cullet , Lovleen Bhullar , Sujith Koonan |
WATER SECURITY AND INTERNationAL LAW |
17 Annual Review of Law and Social Science 261 (2021) |
energy, environment, food, international law, rights, security, water International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multiscalar dimensions of water (in)security are recognized, but... |
2021 |
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Jessica Intermill |
WE LIVE NOT ALONE |
78-JUL Bench and Bar of Minnesota 20 (July, 2021) |
As Enbridge races to complete its new Line 3 tar sands pipeline across Minnesota, 17-year-old Jaiden Ellington-Vasser grabs a quick bite. School is out for the day, and she has 45 minutes before her clerk shift starts at the grocery store. Ellington-Vasser knows firsthand that the Public Utilities Commission's decision to approve construction of... |
2021 |
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Rachel Casper |
WHEN HARASSMENT AT WORK IS HARASSMENT AT CHURCH: HOSTILE WORK ENVIRONMENTS AND THE MINISTERIAL EXCEPTION |
25 University of Pennsylvania Journal of Law and Social Change 11 (2021) |
Sexual harassment and harassment on the basis of race, national origin, disability, and age are unlawful workplace practices; what does that mean when one's workplace is a church? This article explores the ministerial exception's application to hostile work environment claims. Can ministerial employees bring harassment claims against... |
2021 |
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Michael Lewyn |
ZONING AND LAND USE PLANNING |
50 Real Estate Law Journal 453 (Summer, 2021) |
Most economists believe that cities must permit more housing to be built in order to curt rising rents and home prices. Dense, multifamily housing is especially useful, because when many people live within walking distance of public transit, shops and jobs, more people can reach these destinations without driving, thus reducing carbon emissions and... |
2021 |
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Joseph Regalia |
A NEW WATER LAW VISTA: ROOTING THE PUBLIC TRUST DOCTRINE IN THE COURTS |
108 Kentucky Law Journal 1 (2019-2020) |
C1-2Table of Contents Table of Contents. 1 I. A Public Trust Bootcamp. 7 II. Some States Have Embraced their Trust Obligations to Meet Evolving Threats to Water Resources; Some Have Shed their Duties Completely. 12 A. We are in a water crisis and adaptive, aggressive action is needed to protect precious water resources, especially in the west. 12... |
2020 |
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Luis Inaraja Vera |
ASSESSING THE PERFORMANCE OF VOLUNTARY ENVIRONMENTAL PROGRAMS |
2020 Utah Law Review 795 (2020) |
In recent years, government agencies have increasingly relied on voluntary programs to achieve a variety of goals, from improving worker safety to creating healthier living conditions in urban areas. This type of government initiative is based on a bargain between the agency and private citizens: the government provides certain incentives--economic... |
2020 |
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David M. Uhlmann |
BACK TO THE FUTURE: CREATING A BIPARTISAN ENVIRONMENTAL MOVEMENT FOR THE 21ST CENTURY |
50 Environmental Law Reporter (ELI) 10800 (October, 2020) |
On a clear day, you can see Chicago, my father insisted. I squinted. It was the early 1970s, and all I could see across Lake Michigan were the steel mills and oil refineries that dotted the Indiana coast, belching thick fumes into the air. My father had been coming to the shores of Lake Michigan since the 1940s, when his parents built a small... |
2020 |
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Allison N. Kruschke |
CHALLENGING LAND CONTRACTING ON THE BASIS OF DISPARATE IMPACT AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC.: A VIABLE OPTION OR A DEAD END? |
2020 Michigan State Law Review 547 (2020) |
C1-2Table of Contents Introduction. 548 I. Land Contracts and Their History in the United States. 556 A. The Nature and Governance of Land Contracts. 557 B. The Predatory Nature of Land Contracts Versus Traditional Mortgages. 560 1. Land Contracts and Their Differences from Mortgages. 560 2. The Conditions of Homes Sold Via Land Contract and Unjust... |
2020 |
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CHAPTER FOUR ALOHA 'INA: NATIVE HAWAIIAN LAND RESTITUTION |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more... |
2020 |
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Jessica Grannis |
COMMUNITY-DRIVEN CLIMATE SOLUTIONS: HOW PUBLIC-PRIVATE PARTNERSHIPS WITH LAND TRUSTS CAN ADVANCE CLIMATE ACTION |
44 William and Mary Environmental Law and Policy Review 701 (Spring, 2020) |
In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (IPCC) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce... |
2020 |
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Justin R. Pidot |
COMPENSATORY MITIGATION AND PUBLIC LANDS |
61 Boston College Law Review 1045 (March, 2020) |
Introduction. 1046 I. Compensatory Mitigation in Context. 1055 A. Locating Mitigation as a Doctrine to Offset Harm. 1056 B. Developing Principles of Environmental Mitigation. 1058 C. Changing Tides of Compensatory Mitigation on Public Lands. 1062 II. Development of Public Land Law. 1069 A. Shifting Paradigms for Public Lands. 1069 B. Managing Under... |
2020 |
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