Gregg P. Macey ENVIRONMENTAL CRISIS AND THE PARADOX OF ORGANIZING 2011 Brigham Young University Law Review 2063 (2011) Public organizations, including those involved in contingency planning, have tremendous influence over the ultimate scale and scope of an environmental crisis. Yet our understanding of how organizational behavior can either rein in or exacerbate crises continues to lag behind advances in technology. This Article considers the role of public... 2011
Victor B. Flatt, Paul M. Collins Jr. ENVIRONMENTAL ENFORCEMENT IN DIRE STRAITS: THERE IS NO PROTECTION FOR NOTHING AND NO DATA FOR FREE 41 Environmental Law Reporter News & Analysis 10679 (August, 2011) While much of the world debates what our environmental laws should be, the less esoteric question of whether the environmental laws we already have are being properly enforced continues to be insufficiently examined. As we approach the fortieth anniversary of modern environmental law, the answer to this $64 billion question still is not clear.... 2011
Raina Wagner ENVIRONMENTAL JUSTICE AND CLIMATE CHANGE: DOES 20TH-CENTURY ACTIVISM HAVE A PLACE IN A 21ST-CENTURY CRISIS? 2 Arizona Journal of Environmental Law & Policy 1 (April, 2011) During the 1970s and '80s, American scientists, researchers and activists began to make a connection between race and class and exposure to environmental harms. Inhabitants of poor and minority communities and neighborhoods faced far higher probability of exposure to health-damaging environmental toxins than others. Peoplerevolted against the... 2011
Julia C. Rinne, Carol E. Dinkins ENVIRONMENTAL JUSTICE: MERGING ENVIRONMENTAL LAW AND ETHICS 25-WTR Natural Resources & Environment 3 (Winter 2011) The environmental justice movement seeks to create equal access to ecological resources and equal protection from environmental hazards for all persons. Given these objectives, many view environmental justice as merely an attempt to provide equitable distribution of environmental burdens and benefits. This characterization fails to recognize that... 2011
Craig Anthony (Tony) Arnold FOURTH-GENERATION ENVIRONMENTAL LAW: INTEGRATIONIST AND MULTIMODAL 35 William and Mary Environmental Law and Policy Review 771 (Spring, 2011) Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are... 2011
Dorceta E. Taylor GREEN JOBS AND THE POTENTIAL TO DIVERSIFY THE ENVIRONMENTAL WORKFORCE 31 Utah Environmental Law Review 47 (2011) At the apogee of the 2008 election cycle not a day passed without mention of green jobs or green collar workers. In fact, one of the most enduring slogans of the campaign was Jobs, baby, jobs. What was intriguing about this slogan was that it was a call for green jobs, but the term green collar is not new. As early as 1976, Professor Patrick... 2011
Rhett B. Larson HOLY WATER AND HUMAN RIGHTS: IndigenOUS PEOPLES' RELIGIOUS-RIGHTS CLAIMS TO WATER RESOURCES 2 Arizona Journal of Environmental Law & Policy 81 (Fall 2011) Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of... 2011
Rose Francis, Laurel Firestone IMPLEMENTING THE HUMAN RIGHT TO WATER IN CALIFORNIA'S CENTRAL VALLEY: BUILDING A DEMOCRATIC VOICE THROUGH COMMUNITY ENGAGEMENT IN WATER POLICY DECISION MAKING 47 Willamette Law Review 495 (Spring 2011) THE RELATIONSHIP BETWEEN ENVIRONMENTAL JUSTICE AND HUMAN RIGHTS Consider this: even one of the wealthiest states in the wealthiest nation on the planet has not fully implemented the human right to water. This state is California, a place which holds a special position in our collective consciousness as the land of milk and honey, producing... 2011
Erin B. Agee IN THE FEDERAL GOVERNMENT WE TRUST? FEDERAL FUNDING FOR TribAL WATER RIGHTS SETTLEMENTS AND THE TAOS PUEBLO Indian WATER RIGHTS SETTLEMENT ACT 21 Cornell Journal of Law & Public Policy 201 (Fall 2011) Today's relationship between federally recognized Indian tribes and the federal government is complex. Tribes must be able to decide how they wish to manage their water resources, and yet the federal-tribal trust relationship means tribes also rely on the federal government to act in their best interests regarding these water resources. As... 2011
Inter-American Commission on Human Rights IndigenOUS AND TribAL PEOPLES' RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: NORMS AND JURISPRUDENCE OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM 35 American Indian Law Review 263 (2010-2011) I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011
Elena Bryant INNOVATION OR DEGRADATION?: AN ANALYSIS OF HAWAI'I'S CULTURAL IMPACT ASSESSMENT PROCESS AS A VEHICLE OF ENVIRONMENTAL JUSTICE FOR KNAKA MAOLI 13 Asian-Pacific Law and Policy Journal 230 (2011) Introduction. 231 I. Providing a Framework: Environmental Justice for Knaka Maoli Communities. 235 A. Incorporating Environmental Justice into Hawai'i's EIS Process: Racializing Environmental Justice. 236 B. Defining the Injustice. 238 C. The Enactment of Natural and Cultural Resource Protections as a Mechanism for Restorative Justice for Knaka... 2011
Elisabeth Wickeri LAND IS LIFE, LAND IS POWER : LANDLESSNESS, EXCLUSION, AND DEPRIVATION IN NEPAL 34 Fordham International Law Journal 930 (April, 2011) INTRODUCTION. 932 I. LEGAL AND POLITICAL CONTEXT OF LAND RIGHTS IN NEPAL. 937 A. Overview. 938 B. Nepal's International Obligations. 940 C. Codified Discrimination. 945 D. Land and Property in Nepali Law. 949 1. The Traditional Legal Framework: State Landlordism. 949 a. Overview of the Raikar System. 949 b. Tenants Rights. 952 c. Bonded Labor. 953... 2011
Shelley Ross Saxer MANAGING WATER RIGHTS USING FISHING RIGHTS AS A MODEL 95 Marquette Law Review 91 (Fall 2011) Water sustains life. Living creatures, plants, and habitats compete for sustenance, while the relationships among these interests intertwine when we view water from the human lens. Water supports fish, and fish provide culture, beauty, and nutrition. Water also supports natural habitats, plant life, living creatures, and crops to feed the world.... 2011
Carmela E. Orsini ON OUR TERMS: USING ENVIRONMENTAL JUSTICE TO FORMULATE A PEACE AGREEMENT TO END THE TRI-STATE WATER WARS 5 Southern Region Black Law Students Association Law Journal 1 (Spring, 2011) W.E.B. Du Bois claimed that the dominant theme of the twentieth century was race. In the twenty-first century, the scarcity of environmental natural resources has taken over as the dominant theme. One resource seems to be at the heart of many environmental law discussions: water. It covers roughly 71% of our planet. Many people across the planet... 2011
Katie Zaunbrecher PAC RIM CAYMAN V. REPUBLIC OF EL SALVADOR: CONFRONTING FREE TRADE'S CHILLING EFFECT ON ENVIRONMENTAL PROGRESS IN Latin AMERICA 33 Houston Journal of International Law 489 (Spring 2011) Because of the disparity of environmental regulation between the United States and its southern neighbors, multinational corporations have long viewed the resource-rich countries of Central America as attractive locations for factories and extractive industry. However, as liberal democracy has gradually penetrated the region in the post-Cold War... 2011
Bernadette Atuahene PAYING FOR THE PAST: REDRESSING THE LEGACY OF LAND DISPOSSESSION IN SOUTH AFRICA 45 Law and Society Review 955 (December, 2011) The constitution of South Africa mandates equitable redress for individuals and communities evicted from their properties during colonialism and apartheid. The Commission on Restitution of Land Rights' institution-wide assumption is that the financial awards given as equitable redress had no long-term economic impact on recipients because the money... 2011
David C. Baldus , Catherine M. Grosso , George Woodworth , Richard Newell RACIAL DISCRIMINation IN THE ADMINISTRATION OF THE DEATH PENALTY: THE EXPERIENCE OF THE UNITED STATES ARMED FORCES (1984-2005) 101 Journal of Criminal Law and Criminology 1227 (Fall 2011) This Article presents evidence of racial discrimination in the administration of the death penalty in the United States Armed Forces from 1984 through 2005. Our database includes military prosecutions in all potentially death-eligible cases known to us (n = 105) during that time period. Over the last thirty years, studies of state death-penalty... 2011
John C. Hoelle RE-EVALUATING TribAL CUSTOMS OF LAND USE RIGHTS 82 University of Colorado Law Review 551 (Spring 2011) Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land... 2011
Richard Grosso REGULatinG FOR SUSTAINABILITY: THE LEGALITY OF CARRYING CAPACITY-BASED ENVIRONMENTAL AND LAND USE PERMITTING DECISIONS 35 Nova Law Review 711 (Summer, 2011) I. Introduction. 713 II. Legal Framework in Florida Law for Ecological and Fiscal Sustainability. 715 A. The Florida Constitution. 717 B. Private Property Rights. 717 C. Florida Law Protecting Wetlands and Water Quality and Quantity. 718 1. Environmental Resource Permit Laws: Chapter 373 of the Florida Statutes. 718 a. The Environmental Resource... 2011
H. Spencer Banzhaf REGULATORY IMPACT ANALYSES OF ENVIRONMENTAL JUSTICE EFFECTS 27 Journal of Land Use & Environmental Law 1 (Fall, 2011) I. Introduction. 1 II. Environmental Justice Objectives and Regulatory Actions. 5 III. Diffusing the Situation. 10 IV. Distribution of What?. 16 A. General Considerations. 16 B. Cost-side Considerations. 17 C. Indirect Costs. 17 D. Inter-group Heterogeneity in Values. 20 E. Nonuse Values. 24 V. Incorporating Distributional Effects. 25 VI.... 2011
Delivered by: Gwendolyn Keyes Fleming REMARKS TO THE FLORIDA A&M UNIVERSITY COLLEGE OF LAW ENVIRONMENTAL LAW AND JUSTICE SYMPOSIUM 6 Florida A & M University Law Review 191 (Spring 2011) I have spent much of my 17-year professional life protecting communities and children against crime so it is especially pleasing to see that FAMU has joined with the Florida Department of Juvenile Justice to open the Juvenile Justice Research Institute. An Institute aimed at identifying research, implementing cutting edge juvenile justice services... 2011
Robert H. Cutting , Lawrence B. Cahoon , Jefferson F. Flood , Laura Horton , Michael Schramm SPILL THE BEANS: GOODGUIDE, WALMART AND EPA USE INFORMATION AS EFFICIENT, MARKET-BASED ENVIRONMENTAL REGULATION 24 Tulane Environmental Law Journal 291 (Summer 2011) I. Introduction. 292 II. Background: Consumer as King. 298 III. Are We There Yet?. 300 IV. Sticks and Stones . . . So Why Use Words?. 305 A. Information as a Market-Based Tool. 305 B. Consumers, Investors, Regulators, and Competitors All Benefit. 307 1. Green Investing: Investors Seeking a Responsible Company That Will Avoid Huge Liabilities (from... 2011
Daniel Farber SYMPOSIUM INTRODUCTION: NAVIGATING THE INTERSECTION OF ENVIRONMENTAL LAW AND DISASTER LAW 2011 Brigham Young University Law Review 1783 (2011) In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between... 2011
Bonnie A. Malloy TESTING COOPERATIVE FEDERALISM: WATER QUALITY STANDARDS UNDER THE CLEAN WATER ACT 6 Environmental & Energy Law & Policy Journal 63 (Spring 2011) Introduction. 64 I. The Clean Water Act. 68 A. The History Behind Water Quality Standards. 69 B. The Operation of Water Quality Standards. 72 C. Cooperative Federalism. 74 D. The Judiciary's Limitations. 76 1. States retained jurisdiction over land-use and water allocation. 76 2. States can condition federal permits under the CWA. 77 II.... 2011
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
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