AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Albert C. Lin UNCOOPERATIVE ENVIRONMENTAL FEDERALISM: STATE SUITS AGAINST THE FEDERAL GOVERNMENT IN AN AGE OF POLITICAL POLARIZATION 88 George Washington Law Review 890 (July, 2020) The conventional account of most U.S. environmental regulation goes something like this: cooperative federalism schemes accommodate state and federal interests while tapping into the respective strengths of centralized and decentralized regulation. In cooperative federalism arrangements, the federal government sets minimum environmental standards... 2020  
Heidi R. Weimer UP THE ETHICAL CREEK WITHOUT A PADDLE: HOW IMPOSSIBLE DEMANDS ON PLAINTIFFS' ATTORNEYS IN THE FLINT WATER CRISIS CLASS ACTIONS DEMONSTRATE THE NEED TO REDEFINE ETHICAL DUTIES IN MASS TORT CASES 33 Georgetown Journal of Legal Ethics 855 (Summer, 2020) The American public is familiar with the Flint Water Crisis (the crisis, or FWC)--the general causes, the impact, and the injustice. It has been a hot topic over the past several years with multiple documentaries, books, and news accounts providing platforms for residents' stories of being poisoned by lead in their city's water. While the... 2020  
Dr. Waseem Ahmad Qureshi WATER RESOURCES IN THE ANTHROPOCENE: CAUSE FOR WAR OR COOPERATION? 30 Minnesota Journal of International Law 43 (Fall, 2020) With the collective effect of the ever-growing human population, deterioration of water quality, increased pollution, climate change, the changing water cycle, increased water scarcity, and intense competition for freshwater resources, it is predicted that wars in the future will be fought over freshwater instead of oil. A race to construct mega... 2020  
Matthew McKerley WATER, WATER EVERYWHERE? ESTABLISHING A PUBLIC TRUST IN GROUNDWATER TO ADDRESS AGRICULTURAL POLLUTION IN CALIFORNIA 43-SPG Environs Environmental Law and Policy Journal 163 (Spring, 2020) Unbeknownst to some, thousands of residents in California's San Joaquin Valley lack access to clean drinking water, which carries very real economic and human costs. The problems encountered by residents in the Valley disproportionately affect poor communities and communities of color. The issue thus falls directly within larger problems... 2020  
Chiara Pappalardo WHAT A DIFFERENCE A STATE MAKES: CALIFORNIA'S AUTHORITY TO REGULATE MOTOR VEHICLE EMISSIONS UNDER THE CLEAN AIR ACT AND THE FUTURE OF STATE AUTONOMY 10 Michigan Journal of Environmental & Administrative Law 169 (Fall, 2020) Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth's climate. Under the Clean Air Act (CAA), for over fifty years, the state of California has served as a national laboratory for the testing of technological... 2020  
Lolita Buckner Inniss WHILE THE WATER IS STIRRING: SOJOURNER TRUTH AS PROTO-AGONIST IN THE FIGHT FOR (Black) WOMEN'S RIGHTS 100 Boston University Law Review 1637 (October, 2020) This Essay argues for a greater understanding of Sojourner Truth's little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its... 2020  
Eric Shupin ZONING REFORMS NEEDED TO DISMANTLE DISCRIMINATORY LAND USE AND BUILD MORE AFFORDABLE HOUSING 64-SPG Boston Bar Journal 5 (Spring, 2020) Discriminatory government policies in zoning and land use over the last 50 years have intentionally created racially segregated communities with concentrated areas of poverty. More than a half-century since passage of the Fair Housing Act of 1968, even as metropolitan areas diversify, white Americans still live in mostly white neighborhoods. In... 2020  
Erin Mette A CONSTITUTIONAL RIGHT TO SAFE, AFFORDABLE, ACCESSIBLE DRINKING WATER 32 Tulane Environmental Law Journal 189 (Summer, 2019) I. Introduction. 189 II. Background. 190 A. In re City of Detroit. 190 B. Boler v. Earley. 193 III. Analysis. 197 A. Violation of Substantive Due Process. 198 B. Violation of the Equal Protection Clause. 201 IV. Conclusion. 203 2019  
Grant Glovin A MOUNT LAUREL FOR CLIMATE CHANGE? THE JUDICIAL ROLE IN REDUCING GREENHOUSE GAS EMISSIONS FROM LAND USE AND TRANSPORTATION 49 Environmental Law Reporter News & Analysis 10938 (October, 2019) Greenhouse gas emissions from transportation in the United States have remained persistently high. One cause is common low-density land use patterns that make most Americans dependent on automobiles. Reducing these emissions requires increasing density, which U.S. local government law makes difficult to achieve through the political process. Mount... 2019  
Charlotte E. Blattner , Odile Ammann AGRICULTURAL EXCEPTIONALISM AND INDUSTRIAL ANIMAL FOOD PRODUCTION: EXPLORING THE HUMAN RIGHTS NEXUS 15 Journal of Food Law & Policy 92 (Fall, 2019) The host of negative effects of animal agriculture on the immediate environment, workers, and local communities are well-documented, yet little is known about the global repercussions of animal agriculture, especially on human rights guarantees. This contribution attempts to begin filling this soaring gap. It examines the nexus between industrial... 2019  
Robert W. Adler COEVOLUTION OF LAW AND SCIENCE: A CLEAN WATER ACT CASE STUDY 44 Columbia Journal of Environmental Law 1 (January 17, 2019) I. Introduction. 2 A. Science and Regulation. 2 B. Competing Models of Science and Regulation. 5 II. The Role of Biological Water Quality Criteria (Biocriteria) in the Clean Water Act. 10 A. The Statutory Background. 10 1. CWA Statutory Objective and Subsidiary Goals. 11 2. The Qualified Discharge Ban. 12 B. Water Quality Standards. 15 1. Water... 2019  
Shannon Roesler COMPETITIVE FEDERALISM: ENVIRONMENTAL GOVERNANCE AS A ZERO-SUM GAME 49 Environmental Law Reporter News & Analysis 10858 (September, 2019) When the major pollution control laws were passed in the 1970s, there was growing consensus that federal environmental regulations were essential to the protection of human health and the environment. At that time, many feared that states would engage in a race to the bottom, setting lax environmental regulations to attract industry and economic... 2019  
Hillary M. Hoffmann CONGRESSIONAL PLENARY POWER AND IndigenOUS ENVIRONMENTAL STEWARDSHIP: THE LIMITS OF ENVIRONMENTAL FEDERALISM 97 Oregon Law Review 353 (2019) Introduction. 354 I. Plenary Power over Indian Affairs: A Congressional Exercise of Authority Lacking a Constitutional Foundation. 358 A. Origins: An Unenumerated Power Born of Necessity and Circumstance. 358 B. The Scope of the Modern Plenary Power Doctrine. 371 C. Inherent Flaws in the Plenary Power Doctrine. 377 1. Constitutional Deficiencies.... 2019  
Dan Farber CONTINUITY AND TRANSFORMATION IN ENVIRONMENTAL REGULATION 10 Arizona Journal of Environmental Law & Policy 1 (Fall, 2019) I. Alternative Regulatory Tools 4 A. Economic Tools 5 B. Voluntary Programs, Informational Strategies, and Collaborative Governance 10 II. Federalism and Beyond 16 A. Arguments for Federalism 16 B. State and Local Governments as Climate Policy Initiators 18 III. An Emerging Climate Governance Regime 25 A. Feedback Effects 25 B. Conceptualizing... 2019  
Christopher Serkin DIVERGENCE IN LAND USE REGULATIONS AND PROPERTY RIGHTS 92 Southern California Law Review 1055 (May, 2019) For the past century, property rights--and in particular development rights-- have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American... 2019  
Emily A. Benfer, Emily Coffey, Allyson E. Gold, Mona Hanna-Attisha, Bruce Lanphear, Helen Y. Li, Ruth Ann Norton, David Rosner, Kate Walz DUTY TO PROTECT: ENHANCING THE FEDERAL FRAMEWORK TO PREVENT CHILDHOOD LEAD POISONING AND EXPOSURE TO ENVIRONMENTAL HARM 18 Yale Journal of Health Policy, Law & Ethics 1 (Spring, 2019) Scientific evidence indisputably demonstrates that lead poisoning causes permanent neurological damage and numerous co-morbidities for children and adults. Exposure to lead hazards irreversibly harms individuals and, left unchecked, can devastate communities into the future. In recognition of these threats, the President's Task Force on... 2019  
Sarah Fox ENVIRONMENTAL GENTRIFICATION 90 University of Colorado Law Review 803 (Summer, 2019) Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to... 2019  
Sarah Krakoff ENVIRONMENTAL INJUSTICE AND THE LIMITS OF POSSIBILITIES FOR ENVIRONMENTAL LAW 49 Environmental Law 229 (Winter, 2019) Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law's role in... 2019  
Inara Scott, David Takacs, Rebecca Bratspies, Vanessa Casado Pérez, Robin Kundis Craig, Keith Hirokawa, Blake Hudson, Sarah Krakoff, Katrina Fischer Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan ENVIRONMENTAL LAW. DISRUPTED 49 Environmental Law Reporter News & Analysis 10038 (January, 2019) The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future. What does it mean to think about and practice environmental law in this setting? In this latest in a... 2019  
Elizabeth Keyes ENVIRONMENTAL REFUGEES? RETHINKING WHAT'S IN A NAME 44 North Carolina Journal of International Law 461 (Summer, 2019) I. Introduction. 461 II. What's in a Name?. 463 III. Identifying Climate-Change Refugees. 467 A. Persecution: Direct Environmental Harm and Indirect Other Forms of Harm. 467 B. Protected Characteristics and Nexus. 471 1. Where the Case Is Easily Made: Political Opinion. 472 2. Where the Case is More Attenuated: Race and Membership in a Particular... 2019  
Joseph Kowalski ENVIRONMENTALISM ISN'T NEW: LESSONS FROM IndigenOUS LAW 26 Buffalo Environmental Law Journal 15 (2018-2019) The much-overlooked laws and lifeways of Indigenous people show that concepts of environmental sustainability have long been a part of the human tradition. By studying the Indigenous jurisprudence of societies that maintained these traditions into the modern era, much can be learned. Rather than making laws in regards to the land, the land itself... 2019  
Khirin Bunker FROM PRESENTATION TO PRESENCE: IMMERSIVE VIRTUAL ENVIRONMENTS AND UNFAIR PREJUDICE IN THE COURTROOM 92 Southern California Law Review 411 (January, 2019) C1-2TABLE OF CONTENTS INTRODUCTION. 412 I. DISTINGUISHING IMMERSIVE VIRTUAL ENVIRONMENTS. 415 II. IMMERSIVE VIRTUAL ENVIRONMENTS AND THE FEDERAL RULES OF EVIDENCE. 418 III. POTENTIAL PREJUDICIAL IMPACTS OF IMMERSIVE VIRTUAL ENVIRONMENTS ON JURY DECISIONMAKING. 424 A. Designing Emotion in a Virtual Environment. 424 B. Body Ownership Illusions. 429... 2019  
Hokulani McKeague HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM 42 University of Hawaii Law Review 204 (Winter 2019) Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... 2019  
Dylan Hitchcock-Lopez IF A PERSON MUST DIE, THEN SO BE IT: A CONSTITUTIONAL PERSPECTIVE ON SOUTH AFRICA'S LAND CRISIS 60 Washington University Journal of Law & Policy 317 (2019) A stark, green line separates manicured rows of grapevines from the sprawling warren of shacks and shanties that makes up Kayamandi township, just miles from the urban heart of Cape Town. The township strains under the pressure of rapid population growth, with more than 7,000 dwellings cramming into some of the most crowded blocks in South Africa.... 2019  
Tegan Jarchow INTERNationAL TRADE AGREEMENTS AND THE ENVIRONMENT: A NAFTA AND NAAEC CASE STUDY 24 Drake Journal of Agricultural Law 319 (Summer, 2019) I. Introduction. 319 II. International Trade and Environmental Economics Theory. 321 III. International Policy Framework: WTO Policies. 325 IV. NAFTA. 328 V. NAFTA, the NAAEC, and the CEC. 332 VI. Future Recommendations. 335 VII. Conclusion. 339 2019  
Blake Hudson LAND DEVELOPMENT: A SUPER-WICKED ENVIRONMENTAL PROBLEM 51 Arizona State Law Journal 1123 (Fall, 2019) I. Introduction. 1124 II. The Implications of the Wicked Land Development Problem. 1126 III. How Land Development is a Wicked Environmental Problem. 1131 IV. Factors Contributing to the Wickedness of Land Development. 1137 A. Collective Action. 1138 B. Corporate Design. 1139 C. Legal Institutions. 1140 D. Economics. 1143 E. Intersecting Policies.... 2019  
M. Jordan Thompson , Chelsea L.M. Colwyn LIVING SQÉLIX: DEFENDING THE LAND WITH TribAL LAW 51 Connecticut Law Review 889 (August, 2019) The Salish and Pend d'Oreille--known today as part of the Confederated Salish and Kootenai Tribes (CSKT) of the Flathead Indian Reservation in Montana--have been part of the landscape of what is now Montana, Idaho, and eastern Washington ever since Coyote prepared the world for them. The Salish and Pend d'Oreille traditionally managed their... 2019  
Katrina A. Tomas MANURE MANAGEMENT FOR CLIMATE CHANGE MITIGATION: REGULatinG CAFO GREENHOUSE GAS EMISSIONS UNDER THE CLEAN AIR ACT 73 University of Miami Law Review 531 (Winter, 2019) Climate change is the defining challenge of our time, which if unbridled, will imperil our communities and the viability of future generations. Efforts to reduce global temperature rise require more than merely reforming carbon dioxide emissions from the energy and transportation sectors. Notably, climate solutions cannot be reached without... 2019  
Helen H. Kang RESPECT FOR COMMUNITY NARRATIVES OF ENVIRONMENTAL INJUSTICE: THE DIGNITY RIGHT TO BE HEARD AND BELIEVED 25 Widener Law Review 219 (2019) Communities that bear the brunt of environmental pollution and lack basic amenities, such as clean drinking water, have a story to tell. One such community is the Bayview-Hunters Point community of San Francisco, California. There, the U.S. Navy extensively contaminated a now-shuttered shipyard with nuclear waste. After twelve years of cleanup... 2019  
Rebecca Bratspies SHUTTING DOWN POLETTI: HUMAN RIGHTS LESSONS FROM ENVIRONMENTAL VICTORIES 36 Wisconsin International Law Journal 247 (Spring, 2019) I firmly believe that this State does not need to abuse its most vulnerable citizens to keep the lights on. Human rights enjoy a presumption of inviolability that at least arguably trumps other public goods. To the extent that sustainable development has become bogged down in conventional economic thinking, a human rights analysis may offer a... 2019  
Dr. Frankie Griffin, M.D., J.D. SOCIAL DETERMINANTS OF HEALTH AND THE LAW: MUNICIPALITIES' SUPERSONIC WATER BILLING CYCLES ENDANGER ARKANSANS' HEALTH 54-WTR Arkansas Lawyer 40 (Winter, 2019) Imagine arriving home from Arkansas Children's Hospital (ACH) on a Saturday afternoon with your child fresh from a major heart surgery requiring access to water for urgent hydration, postoperative wound care, and toileting, only to find that your family's water had been shut off without your knowledge while you were at ACH with your child--even... 2019  
Scott W. Stern STANDING FOR EVERYONE: SIERRA CLUB v. MORTON, JUSTICE BlackMUN'S DISSENT, AND SOLVING THE PROBLEM OF ENVIRONMENTAL STANDING 49 Environmental Law Reporter News & Analysis 10063 (January, 2019) The modern doctrine of environmental standing prevents many worthy plaintiffs from presenting their cases in court. Especially in the context of climate change, this restrictive doctrine has profound implications. But the modern doctrine is an aberration; this Article shows that for most of American history there were no comparably severe standing... 2019  
Cameron W. Arnold STANDING IN THE LINE OF FIRE: COMPULSORY CAMPUS CARRY LAWS AND HOSTILE SPEECH ENVIRONMENTS 49 Seton Hall Law Review 807 (2019) I. Introduction. 808 II. Compulsory Campus Carry Laws, Glass v. Paxton, and the Problem of Standing. 812 A. Campus Carry in the United States. 812 B. Glass v. Paxton. 813 1. Texas's Campus Carry Law and the University of Texas's Campus Carry Policy. 813 2. The Lawsuit. 815 3. The District Court Decisions. 818 4. The Fifth Circuit Appeal. 820 III.... 2019  
Lauren Madison SUBSTANTIVE DUE PROCESS AS RECOURSE FOR FLINT WATER CRISIS PLAINTIFFS 64 Wayne Law Review 531 (Winter, 2019) I. Introduction. 532 II. Background. 538 A. The Fourteenth Amendment: Protecting Citizens From Harmful State Action. 538 B. § 1983: Enforcing Federal Rights. 539 C. Preemption: A Plaintiff's Predicament. 542 III. Analysis. 543 A. Is Preemption Proper?. 543 B. Can Plaintiffs Win Under § 1983?. 546 IV. Conclusion. 551 2019  
Jeanne M. Woods , Sarah M. Lambert THE COLLAPSE OF DEMOCRACY: THE FLINT WATER CRISIS FROM A HUMAN RIGHTS PERSPECTIVE 20 Loyola Journal of Public Interest Law 177 (Spring, 2019) INTRODUCTION A. The Disenfranchisement B. The Water Crisis I. The Treaty Obligations of the United States: The Right to Democracy A. The Inter-American System B. The ICCPR II. Regional Customary Law III. Other Human Rights Abridged by the Violation of the Right to Democracy IV. Evolutive Human Rights Law: Analyzing the Flint Water Crisis in the... 2019  
Jae-Hyup Lee THE INTRODUCTION OF THE LAW SCHOOL SYSTEM AND THE STRUCTURE OF THE LEGAL PROFESSION IN KOREA: STATUS AND PROSPECTS 68 Journal of Legal Education 460 (Winter, 2019) The number of legal professionals has rapidly grown in Korea. After reaching 5,000 in 2001, the total number of registered lawyers surpassed 10,000 in just the next seven years; six years later, in 2014, the number had grown to more than 20,000. In addition, workplace environments, types of work, educational background of legal professionals,... 2019  
Sarah E. Light THE LAW OF THE CORPORATION AS ENVIRONMENTAL LAW 71 Stanford Law Review 137 (January, 2019) A firm is not a black box with a pipe sticking out of it. Firm managers make decisions with environmental consequences long before pollution comes out of a pipe or a smokestack. Corporate law governs how firms are created and the duties their managers owe to firm stakeholders. Securities regulations govern the information that firms must... 2019  
John Infranca THE NEW STATE ZONING: LAND USE PREEMPTION AMID A HOUSING CRISIS 60 Boston College Law Review 823 (March, 2019) Introduction. 825 I. Localism And Land Use. 830 II. The First Generation of State Land Use Interventions. 836 A. Massachusetts: A Focus on Streamlining Development Approvals and Encouraging Zoning Reform. 837 B. New Jersey: A Focus on Planning and Development Approvals. 839 C. California: A Focus on Planning and Procedure. 841 D. Some Trends. 844... 2019  
Malina Welman THE STARTING POINT: STRUCTURING NEWARK'S LAND USE LAWS AT THE OUTSET OF REDEVELOPMENT TO PROMOTE INTEGRATION WITHOUT DISPLACEMENT 53 Columbia Journal of Law and Social Problems 43 (Fall, 2019) Housing is an outward expression of the inner human nature; no society can be fully understood apart from the residences of its members. In 2017, New Jersey's largest municipality, Newark, made history when its city council passed an inclusionary zoning ordinance requiring, in part, that at least twenty percent of new residential projects be set... 2019  
Ashley A. Glick THE WILD WEST RE-LIVED: OIL PIPELINES THREATEN NATIVE AMERICAN TribAL LANDS 30 Villanova Environmental Law Journal 105 (2019) We do not inherit the earth from our ancestors[;] we borrow it from our children. Since the inception of designated reservations, the land within the reservation boundaries has served as a point of contention between the Native Americans and the federal government. In 1851, the United States government attempted to negotiate peace with the Native... 2019  
Jessica A. Shoemaker TRANSFORMING PROPERTY: RECLAIMING IndigenOUS LAND TENURES 107 California Law Review 1531 (October, 2019) This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... 2019  
Thomas Maligno , Benjamin Rajotte TRIAL BY WATER: REFLECTIONS ON SUPERSTORM SANDY 35 Touro Law Review 957 (2019) Superstorm Sandy devastated thousands of homes in some of the most densely populated areas of the country. It created extensive and diverse property losses in the Northeast, resulting in an unprecedented need for disaster recovery assistance in affected communities. As we pass the storm's two-and-a-half-year anniversary, complex challenges remain... 2019  
Mingjie Hoemmen VERTICAL AND HORIZONTAL MODES OF INJUSTICE IN AIR POLLUTION: A COMPARISON OF LAW AND SOCIETY IN CHINA AND THE U.S. 59 Natural Resources Journal 347 (Summer, 2019) On the night of November 18, 2017, a big residential fire broke out in the outskirts of Beijing, taking 19 lives. The Beijing city fire department's investigation determined that the fire was caused by illegal recompartmentalization of a storage building into part-storage, part-rental units. Tenants were stacked up in small rooms. Seizing the... 2019  
Leigh S. Barton WATER IS POWER: AN ANALYSIS OF CITIES' POWER TO PROCURE MUNICIPAL WATER SUPPLIES 42-SPG Environs Environmental Law and Policy Journal 95 (Spring, 2019) How powerful are U.S. cities? This question forms the basis of a massive debate in the urban law and policy field. Some believe that cities are, or at least have the potential to be, extremely powerful. Others believe that cities are completely powerless. This paper seeks to contribute towards the assertion that cities are in fact powerful.... 2019  
Lauren Gwin , Jessica Owley , Sally K. Fairfax WHAT CAN THE APPLE TEACH THE ORANGE? LESSONS U.S. LAND TRUSTS CAN LEARN FROM THE NationAL TRUST IN THE U.K. 30 Duke Environmental Law and Policy Forum 89 (Fall, 2019) The National Trust in England, Wales, and Northern Ireland is one of the oldest and most revered private land conservation organizations in the world. While the private land conservation movements in the United States and the United Kingdom began at a similar time and with similar tools, conservation attitudes and methods in the two countries... 2019  
Chan Tov McNamarah WHITE CALLER CRIME: RACIALIZED POLICE COMMUNICATION AND EXISTING WHILE Black 24 Michigan Journal of Race and Law 335 (Spring, 2019) Over the past year, reports to the police about Black persons engaged in innocuous behaviors have bombarded the American consciousness. What do we make of them? And, equally important, what are the consequences of such reports? This Article is the first to argue that the recent spike in calls to the police against Black persons who are simply... 2019  
Jeffrey Schmitt A HISTORICAL REASSESSMENT OF CONGRESS'S "POWER TO DISPOSE OF" THE PUBLIC LANDS 42 Harvard Environmental Law Review 453 (2018) The Property Clause of the Constitution grants Congress the Power to Dispose of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice.... 2018  
Andrew R. Highsmith A POISONOUS HARVEST: RACE, INEQUALITY, AND THE LONG HISTORY OF THE FLINT WATER CRISIS 18 Journal of Law in Society 121 (Fall, 2018) Table of Contents 121 I. Introduction. 122 II. A Segregated Metropolis. 126 III. Deindustrialization and Metropolitan Fragmentation. 131 IV. STARVING THE CITY. 136 V. Conclusion. 139 2018  
Colin Crawford ACCESS TO JUSTICE FOR FOUR BILLION: URBAN AND ENVIRONMENTAL OPTIONS AND CHALLENGES 26 New York University Environmental Law Journal 340 (2018) Introduction. 341 A. Access to Justice: Who, How and When?. 341 B. Background. 345 I. Access to Justice: Theoretical Positions. 346 A. Law-Focused and Top-Down. 348 B. Law-Focused and Bottom-Up. 355 C. Integrated and Requiring Law. 361 D. Integrated but Not Requiring Law. 371 II. Urban and Environmental Rights & Access to Justice. 374 A. Rights... 2018  
Jordan D. Nickerson AMERICA'S INVISIBLE FARMERS: FROM SLAVERY, TO FREEDMEN, TO THE FIRST ON THE LAND 23 Drake Journal of Agricultural Law 253 (Summer, 2018) I. Introduction. 253 II. From Slaves to Freedmen to the First on the Land. 254 III. The Peak of Black Farming in the Early Twentieth Century. 257 IV. The Decline of the Black Farming Community. 258 V. The Recent Growth of the African-American Farming Community. 262 VI. Is this Progress Enough?. 268 2018  
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