Tom I. Romero, II J.D., Ph.D. THE COLOR OF WATER: OBSERVATIONS OF A BROWN BUFFALO ON WATER LAW & POLICY IN TEN STANZAS 1 University of Miami Race & Social Justice Law Review 107 (2011) I speak as a historian, a recorder of events with a sour stomach. I have no love for memories of the past. - Oscar Zeta Acosta, The Autobiography of a Brown Buffalo Once recognized as the fiercest beasts roaming the wild open wetlands of Asia, water buffalos earned their reputation as aggressive warriors able to travel long distances and engage... 2011
Emily Sangi THE GAP-FILLING ROLE OF NUISANCE IN INTERSTATE AIR POLLUTION 38 Ecology Law Quarterly 479 (2011) Air pollutants from coal-fired power plants frequently cross state borders, which can impact a receiving state's ability to meet and maintain the National Ambient Air Quality Standards (NAAQS) mandated by the Clean Air Act (CAA). North Carolina asserted that such interstate air pollution was responsible for its nonattainment of certain NAAQS. After... 2011
Olivier De Schutter THE GREEN RUSH: THE GLOBAL RACE FOR FARMLAND AND THE RIGHTS OF LAND USERS 52 Harvard International Law Journal 503 (Summer 2011) Introduction. 504 I. The Relationship between States and Markets in Agriculture: A Brief History. 508 II. The New Competition for Land. 520 III. The Threats to the Rights of Land Users. 524 A. The Protection of Land Users from Eviction: Two Approaches to Security of Tenure. 525 B. Protecting Communal Rights. 533 C. The Decentralized Management of... 2011
Jeremy Sarkin and Amelia Cook THE HUMAN RIGHTS OF THE SAN (BUSHMEN) OF BOTSWANA--THE CLASH OF THE RIGHTS OF IndigenOUS COMMUNITIES AND THEIR ACCESS TO WATER WITH THE RIGHTS OF THE STATE TO ENVIRONMENTAL CONSERVATION AND MINERAL RESOURCE EXPLOITATION 20 Journal of Transnational Law & Policy 1 (2010-2011) Introduction. 1 I. Historical Relations and Land Use Patterns between the San and the Tswana. 6 II. The Central Kalahari Game Reserve Issue. 12 III. The Legal System in Botswana. 20 IV. The High Court Case: Sesana v. Attorney General. 23 V. Government Compliance with the Court's decision. 27 VI. The San's Options Moving Forward. 29 Conclusion. 31... 2011
Blake A. Watson THE IMPACT OF THE AMERICAN DOCTRINE OF DISCOVERY ON NATIVE LAND RIGHTS IN AUSTRALIA, CANADA, AND NEW ZEALAND 34 Seattle University Law Review 507 (Winter, 2011) The landmark decision in the United States regarding Indian land rights is Johnson v. McIntosh, an 1823 decision authored by Chief Justice John Marshall. The Supreme Court in Johnson unequivocally rejected the most favorable view of indigenous land rights--that the native inhabitants own the land they occupy and are free to retain or sell their... 2011
William F. Cloran THE OWNERSHIP OF WATER IN OREGON: PUBLIC PROPERTY VS. PRIVATE COMMODITY 47 Willamette Law Review 627 (Summer 2011) This article concerns the ownership of water as opposed to the right to appropriate. A right to appropriate water under state law may or may not result in actual capture of water. The ownership of water prior to appropriation and the rights and duties of the owner prior to appropriation have a profound influence on the amount of water available for... 2011
D. Kapua'ala Sproat WAI THROUGH KNWAI: WATER FOR HAWAI'I'S STREAMS AND JUSTICE FOR HAWAIIAN COMMUNITIES 95 Marquette Law Review 127 (Fall 2011) Kaulana N Wai Eh: Famous are the Four Great Waters of Waihee River, and Waiehu, ao, and Waikap Streams in the heart of Central Maui. Since time immemorial, Knaka Maoli (Native Hawaiians) revered the abundance of fresh water in Hawaii's rivers and streams, including N Wai Eh, as a physical embodiment of Kneikawaiola, a gift from the... 2011
Armen H. Merjian WASHINGTON PARK LEAD COMMITTEE, INC. V. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: HELEN PERSON AND THE LANDMARK STRUGGLE AGAINST ENVIRONMENTAL INJUSTICE 30 Chicana/o-Latina/o Law Review 65 (2011) When it comes to enforcing the rights of poor people and people of color in the United States, government officials often look the other way. Too often they must be prodded to enforce environmental and civil rights laws and regulations without regard to race, color, national origin, and socioeconomic background. Laws, regulations, and executive... 2011
Hong Lan , Michael A. Livermore , Craig A. Wenner WATER POLLUTION AND REGULATORY COOPERATION IN CHINA 44 Cornell International Law Journal 349 (Spring 2011) 350 Introduction. 350 I. Subnational Autonomy and the Post-Reform Economic Expansion. 354 A. Decentralization. 354 B. The Market-Preserving Federalism Hypothesis. 356 C. The Bureaucratic Incentive Hypothesis. 357 II. Center-Local Dynamics in the Chinese Water Pollution Context. 359 A. Decentralization of Water Pollution Authority. 359... 2011
Rebecca H. Hiers WATER: A HUMAN RIGHT OR A HUMAN RESPONSIBILITY? 47 Willamette Law Review 467 (Spring 2011) In July 2010, the United Nations General Assembly declared that access to clean water and sanitation is a basic human right. This declaration, though, does not expressly address the issue of ecosystem protection. So, should the Human Right to Water include protection of water quality, essential ecosystem functions, and biodiversity? An... 2011
Joseph Norris WATER: BEYOND DAMS AND DIVERSIONS 14 University of Denver Water Law Review 428 (Spring, 2011) [A Panel Session Sponsored by the University of Denver Water Law Review] As moderator for the panel discussion, Peter Pollock of the Lincoln Institute of Land Policy posed the question of how we get beyond the current solutions to water management and land use in the West when there is such a poor link between the two. Water conservation, new... 2011
Neil H. Buchanan WHAT KIND OF ENVIRONMENT DO WE OWE FUTURE GENERATIONS? 15 Lewis & Clark Law Review 339 (Summer 2011) Despite widely held beliefs that current generations bear heavy obligations to look out for the welfare of future generations, the philosophical case in support of such intergenerational obligations is surprisingly tentative. Moreover, quantifying any such obligations is subject to even greater uncertainty. Even so, current generations bring future... 2011
Robert J. Tepper , Craig G. White WORKPLACE HARASSMENT IN THE ACADEMIC ENVIRONMENT 56 Saint Louis University Law Journal 81 (Fall 2011) Over the last decade, claims of workplace harassment have received greater attention. Sometimes called workplace bullying, such harassment is commonly defined as behavior by a perpetrator that may involve repeated verbal abuse, offensive conduct that may threaten, humiliate, or intimidate a target, or efforts to sabotage a target's performance.... 2011
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29