| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
|
| Casey B. McCormack |
AMERICA'S NEXT REFUGEE CRISIS: ENVIRONMENTALLY DISPLACED PERSONS |
32-SPG Natural Resources & Environment 8 (Spring, 2018) |
2017 was a politically momentous year in the United States. In January, Donald J. Trump assumed office as the 45th president of the United States, and the Grand Old Party regained majority representation in both Houses of Congress for the first time in a decade. Republicans nationwide began their year a little more optimistic for the future than... |
2018 |
|
| Camille Pannu |
BRIDGING THE SAFE DRINKING WATER GAP FOR CALIFORNIA'S RURAL POOR |
24 Hastings Environmental Law Journal 253 (Summer, 2018) |
Spurred by decades of inaction and continued exposure to unsafe drinking water, community leaders from California's disadvantaged communities (DACs) advocated for the creation of a human right to water under state law. Shortly thereafter, the California Legislature put forward a bond to finance much needed water infrastructure improvements and... |
2018 |
|
| Alyosha Goldstein |
BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION |
65 UCLA Law Review Discourse 124 (2018) |
This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... |
2018 |
|
| Jennifer Hernandez |
CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS |
24 Hastings Environmental Law Journal 21 (Winter, 2018) |
The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... |
2018 |
|
| Stephen R. Miller, J.D., M.C.P., Editor-in-Chief |
California Environmental Quality Act Lawsuits and California's Housing Crisis |
47 No. 1 Real Estate Review Journal 4 (Spring 2018) |
Jennifer Hernandez practices environmental and land use law in the San Francisco and Los Angeles offices of Holland & Knight. Many other members of Holland & Knight contributed to the study of CEQA lawsuits evaluated in this article, including Elizabeth Lake, Tamsen Plume, Amanda Monchamp, Nicholas Targ, Charles Coleman, David Preiss, Susan Booth,... |
2018 |
|
| Michael D. Wilson |
CLIMATE CHANGE AND THE JUDGE AS WATER TRUSTEE |
48 Environmental Law Reporter News & Analysis 10235 (March, 2018) |
Something extraordinary is happening. Through the carbon emissions from burning fossil fuel and deforestation, humans have disrupted earth's climate system, leading to global warming. The challenge we now face is to stop these emissions and limit the extent of warming and the associated loss, damage, and harm to people and ecosystems. Failure to... |
2018 |
|
| Temple Stoellinger , L. Steven Smutko , Jessica M. Western |
COLLABORATION THROUGH NEPA: ACHIEVING A SOCIAL LICENSE TO OPERATE ON FEDERAL PUBLIC LANDS |
39 Public Land & Resources Law Review 203 (2018) |
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The... |
2018 |
|
| Jessica Durney |
CRAFTING A STANDARD: ENVIRONMENTAL CRIMES AS CRIMES AGAINST HUMANITY UNDER THE INTERNationAL CRIMINAL COURT |
24 Hastings Environmental Law Journal 413 (Summer, 2018) |
This paper will craft a framework through which the International Criminal Court (ICC) could begin prosecuting individuals for crimes against humanity under the Rome Statute for their actions against the environment. Despite the lack of environmental considerations in the prima facie language of the Rome Statute, the definition of crimes against... |
2018 |
|
| Suryapratim Roy |
DISTribUTION AS THE ORGANIZING PRINCIPLE OF ENVIRONMENTAL REGULATION |
19 German Law Journal 649 (June 1, 2018) |
This Article argues that distributional concerns constitute the heart of environmental regulation; they are not restricted to pre-policy values or post-policy effects that need to dealt with. On the contrary, they characterize the selection of environmental policies, and their properties. Different interests, preferences, and values with respect to... |
2018 |
|
| Robert L. Fischman , Lydia Barbash-Riley |
EMPIRICAL ENVIRONMENTAL SCHOLARSHIP |
44 Ecology Law Quarterly 767 (2018) |
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt... |
2018 |
|
| Jeffrey J. Minneti |
ENVIRONMENTAL GOVERNANCE AND THE GLOBAL SOUTH |
43 William and Mary Environmental Law and Policy Review 83 (Fall, 2018) |
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article... |
2018 |
|
| Lee C. Rarrick |
EXECUTIVE REVIEW AND THE YOUNGSTOWN CATEGORIES: VULNERABILITY OF ENVIRONMENTAL REGULATIONS TO UNBOUNDED EXECUTIVE REVIEW |
43 Columbia Journal of Environmental Law 475 (2018) |
I. Introduction. 476 II. Justifications for Executive Review. 478 A. Textual and Structural Support. 478 B. Techniques from America's Unwritten Constitution. 480 1. Following Washington's Lead. 481 2. America's Symbolic Constitution. 483 3. America's Lived Constitution. 485 III. Taxonomy of Executive Review. 488 A. The Youngstown Categories.... |
2018 |
|
| Brendan McCloskey |
GRANTING SAMOANS AMERICAN CITIZENSHIP WHILE PROTECTING SAMOAN LAND AND CULTURE |
10 Drexel Law Review 497 (2018) |
American Samoa is the only inhabited U.S. territory that does not have birthright American citizenship. Having birthright American citizenship is an important privilege because it bestows upon individuals the full protections of the U.S. Constitution, as well as many other benefits to which U.S. citizens are entitled. Despite the fact that American... |
2018 |
|
| Christopher Vajda , Michael Rhimes |
GREENING THE LAW: THE RECEPTION OF ENVIRONMENTAL LAW AND ITS ENFORCEMENT IN INTERNationAL LAW AND EUROPEAN UNION LAW |
24 Columbia Journal of European Law 455 (Fall, 2018) |
I. Introduction. 455 II. Environmental Law as Part of International and European Union Law. 456 A. International Law. 456 B. European Union Law. 460 1. The Internal Competence of the European Union in Environmental Law. 461 2. The External Competence of the European Union in Environmental Law. 464 III. Enforcement of Environmental Law. 467 A.... |
2018 |
|
| Tyiarah Adewakun |
HANGING ON TO JUSTICE: WHY THE DISPLAY OF A HANGMAN'S NOOSE IN THE WORKPLACE GIVES RISE TO A RACIALLY HOSTILE WORK ENVIRONMENT |
20 Rutgers Race & the Law Review 13 (2018) |
For African Americans, the hangman's noose is considered to be one of the most powerful symbols of racial violence in America. In Henry v. Regents of the University of California, the Court of Appeals for the Ninth Circuit held that a noose in the workplace was not sufficiently severe or pervasive to constitute a racially hostile work environment.... |
2018 |
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| Andrea Gass |
HOW TO CLEAN A SEWER: LOCAL AND FEDERAL TEAMWORK CAN REDUCE PHOENIX'S STORM WATER POLLUTION |
50 Arizona State Law Journal 1287 (Winter 2018) |
The real wealth of the Nation lies in the resources of the earth--soil, water, forests, minerals, and wildlife. To utilize them for present needs while insuring their preservation for future generations requires a delicately balanced and continuing program, based on the most extensive research. Their administration is not properly, and cannot be, a... |
2018 |
|
| Morad Elsana |
IndigenOUS PEOPLES' LAND: THE CASE OF BEDOUIN LAND IN ISRAEL |
49 California Western International Law Journal 61 (Fall, 2018) |
C1-2Table of Contents Introduction. 62 I. Background. 62 II. Land Expropriation. 63 A. Sedentarization Policy and Land Expropriation. 65 B. House Demolitions. 66 C. Economy and Government. 68 III. Dispossession of Bedouins From Their Land. 69 A. Executive Level. 69 B. Legislative Level. 70 C. Judicial Level. 70 1. The Alhawashelah Precedent in the... |
2018 |
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| Jason Robison , Barbara Cosens , Sue Jackson , Kelsey Leonard , Daniel McCool |
IndigenOUS WATER JUSTICE |
22 Lewis & Clark Law Review 841 (2018) |
Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples' socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples' right to... |
2018 |
|
| K. Sabeel Rahman |
INFRASTRUCTURAL EXCLUSION AND THE FIGHT FOR THE CITY: POWER, DEMOCRACY, AND THE CASE OF AMERICA'S WATER CRISIS |
53 Harvard Civil Rights-Civil Liberties Law Review 533 (Fall, 2018) |
C1-2Table of Contents Introduction. 533 I. Infrastructural exclusion. 536 A. The Flint water crisis. 536 B. Mechanisms of infrastructural exclusion. 538 II. Toward a political theory of infrastructure: Power, democracy, and the public utility tradition. 541 III. Constructing inclusive infrastructure: water and beyond. 547 A. Mandating water equity.... |
2018 |
|
| Alessandra Mistura |
IS THERE SPACE FOR ENVIRONMENTAL CRIMES UNDER INTERNationAL CRIMINAL LAW? THE IMPACT OF THE OFFICE OF THE PROSECUTOR POLICY PAPER ON CASE SELECTION AND PRIORITIZATION ON THE CURRENT LEGAL FRAMEWORK |
43 Columbia Journal of Environmental Law 181 (January 11, 2018) |
I. Introduction. 182 II. Setting the Framework: A Few Principles of International Criminal Law. 185 A. International Criminal Law: What Are We Talking About?. 185 B. The Notion of International Crimes. 188 C. The Interaction Between Treaties and Custom as Sources of International Criminal Law. 192 D. Conclusions. 195 III. International... |
2018 |
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| Chelsea King |
MERGING INCLUSIONARY ZONING AND COMMUNITY LAND TRUSTS TO INCREASE AFFORDABLE HOUSING IN BALTIMORE WITHOUT DISPLACING NEIGHBORHOODS |
49 University of Baltimore Law Forum 43 (Fall, 2018) |
Throughout history, Baltimore City has continually struggled to manage affordable housing and residential segregation, and as such, is currently facing a housing crisis. The housing crisis that Baltimore faces today is in large part due to decades of systemic racial oppression. Throughout history, Baltimore City officials have denied African... |
2018 |
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| Byron Crowe |
MOSENEKE'S IMPACT ON LAND RESTITUTION MY OWN LIBERATOR: A MEMOIR. BY DIKGANG MOSENEKE. JOHANNESBURG: PICADOR AFRICA. 2016 |
58 Virginia Journal of International Law Digest 1 (January 17, 2018) |
In May 2016, after over fourteen years on the bench, Deputy Chief Justice Dikgang Moseneke retired from his position on South Africa's highest court. Moseneke, who was an established public figure before joining the Constitutional Court, remains one of its most identifiable members. His retirement provoked an outpouring of support and gratitude... |
2018 |
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| Sarah Krakoff |
PUBLIC LANDS, CONSERVATION, AND THE POSSIBILITY OF JUSTICE |
53 Harvard Civil Rights-Civil Liberties Law Review 213 (Winter, 2018) |
The Bears Ears region includes narrow canyons that wind their way to the Colorado River, wild sandstone uplifts and towers, and troves of ancient Puebloan ruins. President Obama proclaimed Bears Ears as a National Monument on December 28, 2016 pursuant to his authority under the Antiquities Act, which authorizes the President to create monuments on... |
2018 |
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| Donald J. Kochan |
PUBLIC LANDS: PRIDE, PLACE, PROXIMITY & POWER |
25 Virginia Journal of Social Policy and the Law 1 (Winter, 2018) |
Introduction. 2 I. Pride, place, identity and their relationship with property principles. 6 II. The impact of pride, place and proximity on public lands management. 10 A. Introduction to Ongoing Public Lands Debates. 10 B. Management Metrics for Public Lands. 12 Conclusion. 25 |
2018 |
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| Erin C. Lain |
RACIALIZED INTERACTIONS IN THE LAW SCHOOL CLASSROOM: PEDAGOGICAL APPROACHES TO CREATING A SAFE LEARNING ENVIRONMENT |
67 Journal of Legal Education 780 (Spring, 2018) |
In summer 2016 I served as the director of the CLEO summer institute. While racial violence was erupting in the country, I faced my own dilemma on how to deal with tension about race in the learning environment. When I brought forty-four CLEO students to the county courthouse to watch sentencing hearings, one student spoke out to the attorneys,... |
2018 |
|
| Blake Hudson |
RELATIVE ADMINISTRABILITY, CONSERVATIVES, AND ENVIRONMENTAL REGULATORY REFORM |
48 Environmental Law Reporter News & Analysis 10733 (August, 2018) |
Perhaps three things in life are now certain: death, taxes, and federal environmental regulation. While the nation has made great progress on a number of environmental fronts, the size and cost of the federal environmental regulatory bureaucracy have come under sharp criticism. Some argue that the federal government is doing too little and needs to... |
2018 |
|
| Adam Crepelle |
STANDING ROCK IN THE SWAMP: OIL, THE ENVIRONMENT, AND THE UNITED HOUMA Nation'S STRUGGLE FOR FEDERAL RECOGNITION |
64 Loyola Law Review 141 (Spring, 2018) |
I. INTRODUCTION. 141 II. TRIBAL SOVEREIGNTY AND THE ENVIRONMENT. 144 III. FEDERAL RECOGNITION. 147 IV. PROBLEMS WITH THE PROCESS. 153 V. THE HOUMA. 157 A. A Brief History of the Houma. 157 B. Rebutting the BIA's Proposed Finding. 164 C. The Houma Since the BIA's Proposed Finding. 174 VI. CONCLUSION. 183 |
2018 |
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| Ursula Tracy Doyle |
STRANGE FRUIT AT THE UNITED NationS |
61 Howard Law Journal 187 (Winter, 2018) |
INTRODUCTION. 189 I. THE UNITED NATIONS. 192 A. The Founding. 192 B. The United Nations Charter. 195 II. THE UNITED STATES. 201 III. STRANGE FRUIT AT THE UNITED NATIONS. 208 A. The General Assembly. 209 1. General Condemnations of Racial Segregation and Racial Discrimination. 211 2. Specific Condemnations of Racial Segregation and Racial... |
2018 |
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| Virginia Harper Ho |
SUSTAINABLE FINANCE & CHINA'S GREEN CREDIT REFORMS: A TEST CASE FOR BANK MONITORING OF ENVIRONMENTAL RISK |
51 Cornell International Law Journal 609 (Fall, 2018) |
In the past few years, the focus of international organizations on sustainable finance--the integration of environmental, social, and governance (ESG) considerations into global financial systems--has intensified because of its potential to promote financial stability, better risk assessment, and more efficient allocation of capital. The success... |
2018 |
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| Justin Fisch |
THE CASE FOR EFFECTIVE ENVIRONMENTAL POLITICS: FEDERALIST OR UNITARY STATE? COMPARING THE CASES OF CANADA, THE UNITED STATES OF AMERICA, AND THE PEOPLE'S REPUBLIC OF CHINA |
51 University of Michigan Journal of Law Reform 777 (Summer, 2018) |
Federalism, by its nature, is a segmented system of governance. The Canadian and American constitutional orders are divided along very clear lines of jurisdictional authority between levels of government. Environmental issues, by their nature, are holistic in scope--they transcend borders, governments, jurisdictions, and authorities. For this... |
2018 |
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