AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Lane Kaiwi Opulauoho TRUST LANDS FOR THE NATIVE HAWAIIAN Nation: LESSONS FROM FEDERAL Indian LAW PRECEDENTS 43 American Indian Law Review 75 (2018) From time immemorial, Native Hawaiians, the aboriginal peoples who settled the isolated Hawaiian Archipelago surrounded by the vast Pacific Ocean, have lived and prospered. These peoples provided the foundation of a nation that exercised sovereignty over these islands. This jurisdiction has had several titles: first, the Hawaiian Kingdom, a... 2018  
Susan M. Larned WATER IS LIFE: THE NATIVE AMERICAN TribAL ROLE IN PROTECTING NATURAL RESOURCES 8 Barry University Environmental and Earth Law Journal 52 (2018) So, the monarch [butterfly] is also part of the protest, part of the movement, with its drumbeat reverberating across the planet. The tribal peoples of Earth are making their voices heard in so many ways. Their mission is to reconnect the modern world with the circle of life--a circle that much of humanity left behind maybe ten millennia ago, in... 2018  
Reginald L. Streater ZIMBABWE'S STRUGGLE TO BREAK THE CHAINS OF COLONIALISM: SELF-DETERMINation, LAND REFORM, AND INTERNationAL LAW 33 Temple International and Comparative Law Journal 119 (Fall, 2018) Zimbabwe--like most African Post-Colonial nation states--has been criticized and castigated for exercising its legal rights to self-determination, autonomy and sovereignty over land and resources--especially when these conflict with the economic and/or geo-political interests of the West, or white expats who once dominated these former colonies.... 2018  
Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat A COLLECTIVE MEMORY OF INJUSTICE: RECLAIMING HAWAI'I'S CROWN LANDS TRUST IN RESPONSE TO JUDGE JAMES S. BURNS 39 University of Hawaii Law Review 481 (Summer, 2017) I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... 2017  
Emily M. Hoyle A POOL OF CANDIDATES WHO REFUSE TO SWIM: THE 2016 PRESIDENTIAL ELECTION AND THE DEMISE OF TESTING THE WATERS 85 George Washington Law Review 312 (January, 2017) In the 2016 presidential election, many candidates delayed announcing their candidacy until long after anyone who was paying attention realized that they were considering a run for office. In the past, these candidates may have been considered to be testing the waters, a special status proscribed by the Federal Election Campaign Act (FECA) that... 2017  
Shelley Cavalieri BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM 95 Denver Law Review 73 (Fall, 2017) Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... 2017  
Lucia A. Silecchia CONFLICTS AND LAUDATO SI': TEN PRINCIPLES FOR ENVIRONMENTAL DISPUTE RESOLUTION 33 Journal of Land Use & Environmental Law 61 (Fall, 2017) I. Introduction to the Problem. 61 II. Laudato Si' and Environmental Dispute Resolution. 67 A. Principle One: Stakeholder Involvement Should Be Expansive. 68 B. Principle Two: Environmental Issues Should Be Defined Broadly. 71 C. Principle Three: Intergenerational Obligations Are Sacred and Need Protection. 73 D. Principle Four: The Rule of Law... 2017  
Kirsten H. Engel DEMOCRATIC ENVIRONMENTAL EXPERIMENTALISM 35 UCLA Journal of Environmental Law & Policy 57 (2017) Scholars of democratic experimentalism and new governance rightly criticize the static allocations of authority found in the American traditional federalism framework for its rigidity and potential to stifle innovation at the state and local levels. Nevertheless, this critique underappreciates the level of experimentation harbored by this... 2017  
Raymond Cross DEVELOPMENT'S VICTIM OR ITS BENEFICIARY?: THE IMPACT OF OIL AND GAS DEVELOPMENT ON THE FORT BERTHOLD Indian RESERVATION 38 Public Land & Resources Law Review 249 (2017) I. Introduction. 250 II. Why Development is Different on the Fort Berthold Indian Reservation. 255 A. The Tribal People's Unbreakable Geographic Ties to the Fort Berthold Indian Reservation. 257 1. Their Treaty-Based Geographic Ties to Fort Berthold. 258 2. Their Territorially-Based Rights of Sovereignty Within Fort Berthold. 259 3. Their... 2017  
Felycia Itza ENVIRONMENTAL EDUCATION IN THE EVERY STUDENT SUCCEEDS ACT AND THE ROLE OF ADVOCATES 29 Georgetown Environmental Law Review 417 (Winter, 2017) In December of 2015, the Every Student Succeeds Act was signed into law. For the first time ever, a federal education statute will provide funding for environmental education. Although exciting, this new statute will require additional effort by advocates to realize the full potential of the Act. The new law allows states to choose environmental... 2017  
Shannon Elizabeth Bell ENVIRONMENTAL INJUSTICE AND THE PURSUIT OF A POST-CARBON WORLD: THE UNINTENDED CONSEQUENCES OF THE CLEAN AIR ACT AS A CAUTIONARY TALE FOR SOLAR ENERGY DEVELOPMENT 82 Brooklyn Law Review 529 (Winter, 2017) The combustion of fossil fuels (coal, oil, and gas) and, to a lesser extent, changes in land cover, have led to a rise in greenhouse gasses (GHG) in the atmosphere and an increase in global average surface temperatures. This human-induced warming is causing dramatic changes in the climate that are manifesting in numerous ways throughout the world,... 2017  
Jin Hyung Lee ESTABLISHING APPLICABLE WATER QUALITY STANDARDS FOR SURFACE WATERS ON Indian RESERVATIONS 66 Emory Law Journal 965 (2017) The Clean Water Act is the foundational water law in the United States. It seeks to protect the nation's waters through establishing programs that limit pollutant discharge into surface waters. Water quality standards serve an essential role in protecting the surface waters of the United States because they set effluent limitations necessary to... 2017  
Hope Babcock HERE TODAY, GONE TOMORROW--IS GLOBAL CLIMATE CHANGE ANOTHER WHITE MAN'S TRICK TO GET Indian LAND? THE ROLE OF TREATIES IN PROTECTING TribES AS THEY ADAPT TO CLIMATE CHANGE 2017 Michigan State Law Review 371 (2017) Indian Tribes are at the tip of the spear when it comes to climate change. Their dependence on their homelands for subsistence and cultural sustenance has made them vulnerable to climate-driven changes like sea level rise, shoreline erosion, and drought. As climate change makes their land less suitable for the animals and plants they depend on,... 2017  
Dr. Waseem Ahmad Qureshi INDUS WATERS TREATY: AN IMPEDIMENT TO THE Indian HYDRO-HEGEMONY 46 Denver Journal of International Law and Policy 45 (Fall, 2017) Water is the most exquisite commodity, and its utility in the sectors of economy, food, and power production is exceptional. To capture this resource more effectively, powerful nations are racing to raise water management infrastructure in order to seize the reins of regional political supremacy by establishing hydro-hegemony. Within this context,... 2017  
Alyssa Titche LAND GRABS & FOOD SECURITY: THE INTERNationAL COMMUNITY SHOULD ADOPT A CODE OF CONDUCT TO PROTECT LOCAL COMMUNITIES AND IMPROVE GLOBAL FOOD SECURITY 7 UC Irvine Law Review 473 (June, 2017) Land acquisition by foreign countries and corporations has increased since the 2008 economic crisis. If land grabs continue at the current pace and with the same disregard to local host country populations, the food security of host countries will be put at great risk. In order to prevent future land grabs and make land grabs that do occur more... 2017  
Steven J. Eagle LAND USE REGULATION AND GOOD INTENTIONS 33 Journal of Land Use & Environmental Law 87 (Fall, 2017) This Essay surveys contemporary issues in American land use regulation. Its central claim is that, despite good intentions, regulations often have either been ineffective or exacerbated existing problems. The problems underlying regulation include contested understandings of private property rights, continual economic and social change, and a... 2017  
Lorenzo Cotula LAND, PROPERTY AND SOVEREIGNTY IN INTERNationAL LAW 25 Cardozo Journal of International and Comparative Law 219 (Spring, 2017) 220 I. Introduction. 221 II. Land, Property and Sovereignty in Historical Perspective. 226 A. Land in the Early History of International Law. 226 B. Colonialism and the Emergence of Modern International Law. 228 C. Historical Legacies and External Dimensions in Land, Property and Sovereignty. 232 III. Land and International Human Rights... 2017  
K.A. McConnell LIMITS OF AMERICAN FARM BUREAU FEDERATION v. EPA AND THE CLEAN WATER ACT'S TMDL PROVISION IN THE MISSISSIPPI RIVER BASIN 44 Ecology Law Quarterly 469 (2017) Under the Clean Water Act, a troubling regulatory gap exists wherein the federal government is unable to directly regulate diffuse sources of water pollution in interstate waters. This gap has left many of the nation's most important watersheds flooded with nutrient pollution from agricultural runoff, contrary to the purpose of the statute. Working... 2017  
Azadeh Shahshahani , Kathryn Madison NO PAPERS? YOU CAN'T HAVE WATER: A CRITIQUE OF LOCALITIES' DENIAL OF UTILITIES TO UNDOCUMENTED IMMIGRANTS 31 Emory International Law Review 505 (2017) Access to utility services is a crucial part of a person's ability to live and make a home in a particular place. For those who are denied service by the local agency or company that provides public utilities--like electricity and water--there are very few ways to achieve a decent and dignified life in that locality. Even in the twenty-first... 2017  
Erin Yerke PERSONALIZING POLLUTION AND LANDSCAPE DESTRUCTION: HOW NATIVE AMERICAN AND INTERNationAL PERSPECTIVES SHOULD BE INTEGRATED INTO FEDERAL ENVIRONMENTAL POLICY 19 Rutgers Journal of Law & Religion 73 (Fall, 2017) Every part of this soil is sacred in the estimation of my people. Every hillside, every valley, every plain and grove, has been hallowed by some sad or happy event in days long vanished. Even the rocks, which seem to be dumb and dead as they swelter in the sun along the silent shore, thrill with memories of stirring events connected with lives of... 2017  
James Johnson, Class of 2018, University of New Mexico School of Law PLASTIC WATER: THE SOCIAL AND MATERIAL LIFE OF BOTTLED WATER BY GAY HAWKINS, EMILY POTTER, AND KANE RACE (MIT PRESS; 260 PAGES; 2015) 57 Natural Resources Journal 321 (Winter, 2017) On January 26, 2016, during the height of public awareness surrounding the Flint, Michigan water crisis, Walmart, Coca-Cola, Nestlé, and PepsiCo pledged to meet the daily needs of over 10,000 school children for the balance of the calendar year by donating up to 6.5 million bottles of water [to] help with relief efforts. In the face of a... 2017  
Brie D. Sherwin PRIDE AND PREJUDICE AND ADMINISTRATIVE ZOMBIES: HOW ECONOMIC WOES, OUTDATED ENVIRONMENTAL REGULATIONS, AND STATE EXCEPTIONALISM FAILED FLINT, MICHIGAN 88 University of Colorado Law Review 653 (Summer, 2017) It was just over forty years ago, shortly before the Safe Drinking Water Act was passed, that a group of mothers in the small, sleepy town of Woburn, Massachusetts realized there just may have been a connection between their children's leukemia and the town's water supply. They withstood the terrible smell and masked the water's rancid flavor with... 2017  
Tess Godhardt RECONCILING THE HISTORY OF THE HANGMAN'S NOOSE AND ITS SEVERITY WITHIN HOSTILE WORK ENVIRONMENT CLAIMS 51 John Marshall Law Review 137 (Fall, 2017) I. Introduction. 137 II. Background. 139 A. The History of the Noose. 139 1. Lynching During the Reconstruction Era. 140 2. Lynching from the Years 1880 to 1930. 141 B. Prevalence of the Noose Today. 143 1. Congressional Efforts Concerning the Hangman's Noose. 145 2. Judicial Decisions Involving the Hangman's Noose. 145 C. Title VII of the Civil... 2017  
Daniel C. Esty RED LIGHTS TO GREEN LIGHTS: FROM 20TH CENTURY ENVIRONMENTAL REGULATION TO 21ST CENTURY SUSTAINABILITY 47 Environmental Law 1 (Winter, 2017) Twentieth century environmental protection delivered significant improvements in America's air and water quality and led companies to manage their waste, use of toxic substances, and other environmental impacts with much greater care. But the pace of environmental progress has slowed as the limits of the command-and-control regulatory model have... 2017  
Jonathan Lovvorn SPECIAL PREVIEW: CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION 29 Georgetown Environmental Law Review Online 1 (February 3, 2017) C1-2Table of Contents Introduction. 1 I. The Basic Science of Climate Change. 11 II. The Tenuous Legal Framework for Climate Change Emissions. 14 III. The Intersectional and Discriminatory Impacts of Climate Change. 20 A. Poverty, Public Health, and Climate Change. 23 B. Race and Climate Change. 29 C. Women and Climate Change. 34 D. Children and... 2017  
Elana Ramos THE DANGERS OF WATER PRIVATIZATION: AN EXPLORATION OF THE DISCRIMINATORY PRACTICES OF PRIVATE WATER COMPANIES 7 Barry University Environmental and Earth Law Journal 188 (2017) In a rural Midwestern hospital, a mother and father closely watch their three-month premature son; his parents watch in horror as the infant is resuscitated and kept alive by the help of a machine. The little boy makes it home, but not without a heart monitor and a lifetime of concerning health issues. Down the hall is a disabled mother who... 2017  
David M. Driesen THE ENDS AND MEANS OF POLLUTION CONTROL: TOWARD A POSITIVE THEORY OF ENVIRONMENTAL LAW 2017 Utah Law Review 57 (2017) C1-2Table of Contents Introduction. 58 I. Environmental Law's Ends. 64 A. Protecting Public Health and the Environment: Effects-Based Standards. 66 1. Examples. 66 2. Analytical Features. 68 3. Normative Underpinning. 71 B. Maximizing Feasible Reductions: Technology-Based Standards.. 71 1. Examples. 71 2. Analytical Features. 72 3. Normative... 2017  
Itzchak Kornfeld THE IMPACT OF CLIMATE CHANGE ON AMERICAN AND CANADIAN IndigenOUS PEOPLES AND THEIR WATER RESOURCES 47 Environmental Law Reporter News & Analysis 10245 (March, 2017) Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities. This Article, adapted from Chapter 10 of Climate Justice: Case Studies in... 2017  
Erica L. Sieg THE LAND OF THE FREE?: THE ALLOW ACT AND ECONOMIC LIBERTY FROM OCCUPATIONAL LICENSING 24 Washington and Lee Journal of Civil Rights and Social Justice 261 (Fall, 2017) C1-2Table of Contents I. Introduction. 261 II. Occupational Regulation: Classification, History, Benefits, and Repercussions. 266 A. What is Occupational Licensing?. 268 B. Origins of Occupational Licensing. 274 C. The History of Free Market Theory and Occupational Licensing's Influences. 277 D. Who Feels the Effects of Occupational Licensing?. 280... 2017  
Joseph Patterson THE NATIVE AMERICAN STRUGGLE BETWEEN ECONOMIC GROWTH AND CULTURAL, RELIGIOUS, AND ENVIRONMENTAL PROTECTION: A CORPORATE SOLUTION 92 Notre Dame Law Review Online 140 (2017) Four days following his inauguration, President Donald Trump signed an executive order expedit[ing] the Dakota Access Pipeline (DAPL), otherwise known as the Bakken Oil Pipeline. This executive order sparked new rounds of protests by the Standing Rock Sioux Tribe, the Oglala Sioux Tribe, and environmentalists, who opposed the construction of the... 2017  
Jonathan Zasloff THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT 48 Columbia Human Rights Law Review 98 (Spring, 2017) Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... 2017  
Peter M. Mansfield THE RETALIATORY HOSTILE WORK ENVIRONMENT 64-JUN Federal Lawyer 46 (June, 2017) The retaliatory hostile work environment is a hybrid claim drawing upon Supreme Court precedent analyzing separate provisions of Title VII of the Civil Rights Act of 1964. Despite the high volume of Title VII litigation, confusion persists in federal courts regarding the proper standard to apply to this claim. As outlined below, the courts'... 2017  
Tracey Meares THIS LAND IS MY LAND?: VAGRANT Nation. BY RISA GOLUBOFF. NEW YORK, N.Y.: OXFORD UNIVERSITY PRESS. 2016. PP. VII, 471. $29.95 130 Harvard Law Review 1877 (May, 2017) Almost twenty years ago, I wrote in a piece with Professor Dan Kahan that one of the central features of modern criminal procedure was its unrelenting hostility toward institutionalized racism. Specifically, we argued that the Supreme Court in a series of cases such as Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright, and Papachristou v. City... 2017  
David E. Adelman , Graeme W. Austin TRADEMARKS AND PRIVATE ENVIRONMENTAL GOVERNANCE 93 Notre Dame Law Review 709 (December, 2017) This Article examines the relationship between private environmental governance and trademark law. Over the past two decades, green trademarks and other forms of private governance have flourished in tandem with the retreat from national and international public law modalities of environmental regulation. The rising political opposition to... 2017  
Raymond Cross TribES AS RICH NationS 38 Public Land & Resources Law Review 117 (2017) I. Introduction. 119 A. The Life-Cycle of the Tribe. 123 1. Birth. 123 2. Childhood. 127 3. Adolescence. 128 4. Death. 133 5. Rebirth. 143 II. The Failed Effort to Emancipate the American Indian Peoples. 146 A. The Origin of Tribal Self-Determination. 147 1. Evaluating the Self-Determination Component. 148 2. Evaluating the Tribal Component. 149... 2017  
Rhett Larson, Brian Payne UNCLOUDING ARIZONA'S WATER FUTURE 49 Arizona State Law Journal 465 (Summer, 2017) A cloud hangs over the future of Arizona's water. The cloud has hung low and heavy for over forty years. The cloud is the ongoing adjudication of water rights in Arizona's courts, where the priority, amount, and use of virtually all non-Colorado River water in Arizona remain in dispute. Arizona's general stream adjudications cost the state, cities,... 2017  
Leah H. Kim UNREASONABLE DISCRIMINation AGAINST AIR TRAVEL PASSENGERS 54 Washington University Journal of Law & Policy 275 (2017) The United States has implemented numerous fundamental changes in its policies to build greater national security in response to the events of September 11, 2001. Observing many changes and implementations, no aspect has been more drastically impacted than air travel. However, the greater change has come from individuals' perceptions of outsiders... 2017  
Claire Glenn UPHOLDING CIVIL RIGHTS IN ENVIRONMENTAL LAW: THE CASE FOR EX ANTE TITLE VI REGULATION AND ENFORCEMENT 41 New York University Review of Law and Social Change 45 (2017) In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement. The old model is a poor fit for today's reality. Nowhere is this truth more... 2017  
Rhett B. Larson WATER SECURITY 112 Northwestern University Law Review 139 (2017) Climate change, as the dominant paradigm in natural resource policy, is obsolete and should be replaced by the water security paradigm. The climate change paradigm is obsolete because it fails to adequately resonate with the concerns of the general public and fails to integrate fundamental sustainability challenges related to economic... 2017  
Catherine Danley WATER WARS: SOLVING INTERSTATE WATER DISPUTES THROUGH CONCURRENT FEDERAL JURISDICTION 47 Environmental Law Reporter News & Analysis 10980 (November, 2017) As climate change shifts precipitation patterns, warms seasonal temperatures, and causes severe droughts, the value of and demand for water rises. Consequently, competition for water resources is likely to increase among the states and lead to more Supreme Court original jurisdiction cases over water disputes than ever before. While the Court holds... 2017  
Michael Lewyn ZONING AND LAND USE PLANNING 46 Real Estate Law Journal 447 (Winter 2017) Historically, municipal zoning codes have made housing more expensive by restricting housing supply, thus excluding low-income households from many neighborhoods. Political progressives once opposed such exclusionary zoning. But some progressives now argue that new housing may displace the poor by encouraging gentrification, and thus favor more... 2017  
Sharmila L. Murthy A NEW CONSTITUTIVE COMMITMENT TO WATER 36 Boston College Journal of Law & Social Justice 159 (2016) Cass Sunstein coined the term constitutive commitment to refer to an idea that falls short of a constitutional right but that has attained near-constitutional significance. This Article argues that access to safe and affordable water for drinking, hygiene, and sanitation has attained this status and that national legislation is needed... 2016  
D. Kapua‘ala Sproat AN IndigenOUS PEOPLE'S RIGHT TO ENVIRONMENTAL SELF-DETERMINation: NATIVE HAWAIIANS AND THE STRUGGLE AGAINST CLIMATE CHANGE DEVASTATION 35 Stanford Environmental Law Journal 157 (June, 2016) I. Introduction. 158 II. Climate Change and Its Impacts on Native Peoples and Resources. 163 A. Climate Change and Environmental Injustice for Indigenous Peoples. 163 B. Knaka Maoli Cultural Survival and the Integrity of Hawaii's Natural and Cultural Resources. 167 C. Climate Change's Projected Impacts on Traditional and Customary Practices. 172... 2016  
Kevin C. Foy BALANCING MULTIPLE GOALS AT THE LOCAL LEVEL: WATER QUALITY, WATER EQUITY, AND WATER CONSERVATION 26 Duke Environmental Law and Policy Forum 241 (Spring, 2016) Water is essential to life, but that is not what makes it unique. Water is unique for a variety of reasons, including its physical and chemical structure, as well as its geographic distribution throughout the earth. Water can also take many forms. Sometimes it falls from the sky, sometimes it is deep underground, sometimes it is a placid lake, and... 2016  
Tom I. Romero, II BRIDGING THE CONFLUENCE OF WATER AND IMMIGRATION LAW 48 Texas Tech Law Review 779 (Summer, 2016) I. Introduction. 780 II. The Irrigation Era and the Need for a Docile Labor Supply. 782 III. The Metropolitan Revolution and the Rise of the Illegal Gardner. 798 IV. The Great Local Thirst for Proper Documentation. 807 V. Conclusion. 815 Appendix: A Timeline of Important Moments in Water and Immigration Law and Policy. 817 2016  
Jonathan Lovvorn CLIMATE CHANGE BEYOND ENVIRONMENTALISM PART I: INTERSECTIONAL THREATS AND THE CASE FOR COLLECTIVE ACTION 29 Georgetown Environmental Law Review 1 (Fall, 2016) C1-3Table of Contents L1-2Introduction . R31. I. The Basic Science of Climate Change. 9 II. The Tenuous Legal Framework for Climate Change Emissions. 11 III. The Intersectional and Discriminatory Impacts of Climate Change. 17 A. Poverty, Public Health, and Climate Change. 19 B. Race and Climate Change. 24 C. Women and Climate Change. 29 D. Children... 2016  
Giovanna Gismondi DENIAL OF JUSTICE: THE LATEST IndigenOUS LAND DISPUTES BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS AND THE NEED FOR AN EXPANSIVE INTERPRETATION OF PROTOCOL 1 18 Yale Human Rights and Development Law Journal 1 (2016) In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that... 2016  
Elizabeth Jones DRINKING WATER IN CALIFORNIA SCHOOLS: AN ASSESSMENT OF THE PROBLEMS, OBSTACLES, AND POSSIBLE SOLUTIONS 35 Stanford Environmental Law Journal 251 (June, 2016) In the last several years, hundreds of schools across California have been forced to restrict students' access to drinking water due to lead, nitrate, arsenic, and other serious contaminants. News reports and water quality databases indicate that problems are especially significant in schools in low-income communities of color--where many children... 2016  
Tyler Kennedy EXPANDING JURISDICTION: INCREASING TribAL ABILITY TO PROSECUTE CRIMINAL BEHAVIOR ON NATIVE AMERICAN LAND 15 Seattle Journal for Social Justice 465 (Fall, 2016) The long and complex relationship between Native American tribes and the US government has created a variety of issues deeply entrenched in the historical tensions between the two parties. The ebb and flow of history has brought about waves of progress, contrasted with eras of great oppression and subjugation. In recent years, criminal... 2016  
Jessica Scott FROM ENVIRONMENTAL RIGHTS TO ENVIRONMENTAL RULE OF LAW: A PROPOSAL FOR BETTER ENVIRONMENTAL OUTCOMES 6 Michigan Journal of Environmental & Administrative Law 203 (Fall, 2016) [L]egal recognition of a right is useless if it cannot be translated into a victory in the field. With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special... 2016  
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