Jeff Wright, CEO Karegnondi Water Authority THE FLINT WATER CRISIS, DWSD, AND GLWA: MONOPOLY, PRICE GOUGING, CORRUPTION, AND THE POISONING OF A CITY 18 Journal of Law in Society 53 (Fall, 2018) MICHIGAN CIVIL RIGHTS COMMISSION-FLINT WATER CRISIS COMMITTEE November 22, 2016 Much has been said about the Flint Water Crisis, the causes, the effects, who is responsible, and what should be done about it now. Many have been blamed... Governor Rick Snyder; former State Treasurer Andy Dillon; Emergency Managers Ed Kurtz, Mike Brown, Darnell... 2018
Peter J. Hammer THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM 18 Journal of Law in Society 1 (Fall, 2018) Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis July 18, 2016 C1-2Table of Contents I. Flint, Municipal Distress, Emergency Management and Strategic-Structural Racism. 2 A. What is structural and strategic racism?. 2 B. Knowledge, power, emergency management and race. 4 C. Flint from a... 2018
Peter J. Hammer THE FLINT WATER CRISIS, KWA AND STRATEGIC-STRUCTURAL RACISM: A REPLY TO JEFF WRIGHT, GENESEE COUNTY DRAIN COMMISSIONER AND CEO KAREGNONDI WATER AUTHORITY 18 Journal of Law in Society 83 (Fall, 2018) Written Testimony Submitted to the Michigan Civil Rights Commission Hearings on the Flint Water Crisis December 31, 2016 C1-2Table of Contents I. Introduction. 84 II. Motive. 84 III. Methodology. 85 IV. Water Rates 101: A Guide to Flint's Spiraling Rate Increases. 88 V. A Reply to Mr. Wright's testimony. 91 A. KWA maintained an inappropriately... 2018
Report of the Michigan Civil Rights Commission THE FLINT WATER CRISIS: SYSTEMIC RACISM THROUGH THE LENS OF FLINT: REPORT OF THE MICHIGAN CIVIL RIGHTS COMMISSION, FEBRUARY 17, 2017 18 Journal of Law in Society 115 (Fall, 2018) In January 2016, a series of states of emergency for the city of Flint were declared by the Mayor, the Governor and even the President. These declarations turned the attention of the state and nation to the Flint water crisis. As a result, state, local and federal governments sprang into action. The National Guard was tasked to assist. FEMA sent... 2018
Sydney Donovan, Alexandra Tressler, Michael Larrick THE UNIVERSITY OF DENVER WATER LAW REVIEW ELEVENTH ANNUAL SYMPOSIUM: FORGING SOVEREIGNTY, SELF DETERMINATION, AND SOLIDARITY THROUGH WATER LAW 21 University of Denver Water Law Review 291 (Spring, 2018) Denver, Colorado March 30, 2018 2018
Kyle J. Conway THERE'S SOMETHING IN THE WATER: HOW APATHETIC STATE OFFICIALS LET THE PEOPLE OF FLINT, MICHIGAN DOWN 29 Villanova Environmental Law Journal 57 (2018) In February 2015, a rash appeared on Lee-Anne Walters' children due to bathing in water drawn from the Flint River. The family first began to avoid ingesting the water almost four months prior due to its abnormal qualities--a harsh brown tint and unsettling odors that could not be ignored. After an inspection, the Michigan Department of... 2018
Edwin Lindo , Brenda Williams , Marc-Tizoc González UNCOMPROMISING HUNGER FOR JUSTICE: RESISTANCE, SACRIFICE, AND LATCRIT THEORY 16 Seattle Journal for Social Justice 727 (Spring, 2018) Introduction. 730 I. Brenda Williams, Silence as a Precursor. 732 A. The Frisco 5 Hunger Strike for Justice. 738 B. Collecting the Facts of Injustice in San Francisco. 741 C. From Silence to Action. 744 D. Justicia: From the Background to the Center of Dialogue. 747 II. Edwin Lindo--Justicia y Sacraficio (Justice and Sacrifice). 751 A. Four... 2018
Heather Payne A FIX FOR A THIRSTY WORLD--MAKING DIRECT AND INDIRECT REUSE LEGALLY POSSIBLE 42 William and Mary Environmental Law and Policy Review 201 (Fall, 2017) Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water... 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
Melanie Pugh A RECIPE FOR JUSTICE: SUPPORT FOR A FEDERAL FOOD JUSTICE INTERAGENCY WORKING GROUP 72 Food & Drug Law Journal 341 (2017) Systemic social justice issues are characterized as having complex and far-reaching causes. Food justice is one such an issue. Food justice is defined as justice for all [people] in the food system, from agricultural production to consumer products. Policies seeking to remedy systemic social justice issues often need to include the attention of... 2017
Garrett M. Broad AFTER THE WHITE HOUSE GARDEN: FOOD JUSTICE IN THE AGE OF TRUMP 13 Journal of Food Law & Policy 33 (Spring, 2017) In October of 2016, one month before Donald Trump won a surprise victory in the United States Electoral College, First Lady Michelle Obama announced a number of measures to protect and maintain her famed White House vegetable garden. Initially constructed back in 2009, the garden had been expanded to include a larger seating area and a prominent... 2017
Cole L. Gustafson CONSTITUTIONAL LAW--CAMOUFLAGED SPEECH SUPPRESSION: W. WATERSHEDS PROJECT v. MICHAEL, 196 F. SUPP. 3D 1231 (D. WYO. 2016) 17 Wyoming Law Review 39 (2017) I Introduction. 39 II. Background. 41 A. Statutes. 41 B. Relevant Case Law. 42 1. The Rules Regarding General Applicability. 42 2. Content Discrimination. 46 III. Principal Case. 47 IV. Analysis. 51 A. The Requirement that a Law Be Generally Applicable. 51 B. Content Discrimination. 53 V. Conclusion. 56 2017
Marc-Tizoc González CRIMINALIZING CHARITY: CAN FIRST AMENDMENT FREE EXERCISE OF RELIGION, RFRA, AND RLUIPA PROTECT PEOPLE WHO SHARE FOOD IN PUBLIC? 7 UC Irvine Law Review 291 (June, 2017) Introduction. 293 I. Contested (Emic and Etic) Meanings of Sharing Food in Public. 301 A. Religious Charity or Ministry. 302 B. Political Solidarity or Mutual Aid. 307 C. Municipal Terms. 313 1. Food Distribution. 313 2. Homeless or Large Group Feeding. 315 3. Social Service Facilities and Outdoor Food Distribution Centers. 317 II. Publicly Sharing... 2017
Ryelle Seymour FOOD DESERTS ARE RIPE FOR BUSINESS 44 Boston College Environmental Affairs Law Review 421 (2017) People living in food deserts lack access to nutritious food. Although growing awareness of food deserts has prompted federal and state governments to allocate resources to combat the problem, many municipal and state governments lack the funding, personnel, and expertise necessary to develop and implement programs to address food... 2017
Lauren Tonti FOOD FOR THOUGHT: FLEXIBLE FARM TO SCHOOL PROCUREMENT POLICIES CAN INCREASE ACCESS TO FRESH, HEALTHY SCHOOL MEALS 27 Health Matrix: Journal of Law-Medicine 463 (2017) C1-2Contents Introduction. 464 I. Overview of the National School Lunch Program and School Breakfast Program. 468 A. What are the National School Lunch and School Breakfast Programs?. 468 B. How Do Schools Use Government Funds to Purchase School Meals?. 470 C. What Roles do Food Service Management Companies Play in School Meal Programs?. 472 II.... 2017
Jeff Lingwall FOOD FORENSICS IN CLASS ACTION LITIGATION: THE RACE BETWEEN PLEADING STANDARDS AND TECHNOLOGY 52 Tulsa Law Review 213 (Winter, 2017) This Article examines the emerging use of food forensics to discover injury in class action litigation. Based on increased public interest in what goes inside food, plaintiffs are beginning to rely on statistical and chemical testing to verify label claims. The test results often spur producers to re-examine their products, but can also raise... 2017
Ernesto Hernández-López FOOD, ANIMALS, AND THE CONSTITUTION: CALIFORNIA BANS ON PORK, FOIE GRAS, SHARK FINS, AND EGGS 7 UC Irvine Law Review 347 (June, 2017) Animal welfare policies focused on food production cook up significant constitutional controversies. Since 2008, California has tried to ban the sale of certain edible items made from animals. Eaters and farmers challenge these policies, citing economic discrimination and preemption by federal statutes, in violation of the Constitution's Dormant... 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
Richard Moore NASTY WEATHER AND UGLY PRODUCE: CLIMATE CHANGE, AGRICULTURAL ADAPTATION, AND FOOD WASTE 57 Natural Resources Journal 493 (Summer, 2017) Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered... 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
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
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
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
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
Jonathon Lubrano WATER, LEAD, AND ENVIRONMENTAL JUSTICE: EASING THE FLINT WATER CRISIS WITH A PUBLIC WATER CONTAMINATION LIABILITY FUND 42 William and Mary Environmental Law and Policy Review 331 (Fall, 2017) On April 25, 2014, the city of Flint, Michigan switched water sources from the Detroit Water and Sewage Department to the Flint River. By the next month, residents were already complaining about color and smell. It wasn't until August 2014, four months after the switch, that high levels of dangerous bacteria were detected, requiring residents to... 2017
Linh T. Nguyen WOULD YOU LIKE TAX EXEMPTIONS WITH THAT? HOW FOOD EXEMPTIONS UNDER STATE SALES TAX ARE NOT REACHING LOWER INCOME COMMUNITIES IN FOOD DESERTS 20 Journal of Gender, Race and Justice 187 (February, 2017) I. Introduction. 187 II. Background. 188 A. History of Sales Tax. 189 B. History of American Grocery Stores. 190 C. The Impact of the Sales Tax on the Development of Large Grocery Stores. 192 D. The Modern Food Desert Landscape. 194 E. Legal Foundations of the Sales Tax. 196 F. Food Exemptions, Defined. 197 G. A More Streamlined Definition of Food.... 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
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
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
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