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
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
Derrick Howard THE APPEARANCE OF SOLIDITY: LEGAL IMPLEMENTATION OF THE HUMAN RIGHT TO WATER IN THE UNITED STATES 11 Appalachian Journal of Law 123 (Winter 2011) George Orwell once noted that [p]olitical language . . . is designed . . . to give an appearance of solidity to pure wind. One cannot change this all in a moment, but one can at least change one's own habits. You need not be cynical to agree that this premise is reflected in various facets of American society, particularly when disputes arise... 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
©Nancy Ehrenreich, Beth Lyon THE GLOBAL POLITICS OF FOOD: A CRITICAL OVERVIEW 43 University of Miami Inter-American Law Review 1 (Fall 2011) Like many other arenas of life, the world of food is a world of politics and power. Inequalities of power and privilege across the globe affect who has access to food and who does not, who controls its production and who is harmed by that production, how consumptive choices are constructed and constrained, and whether eating is seen as a complex,... 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
Joseph Norris WATER: BEYOND DAMS AND DIVERSIONS 14 University of Denver Water Law Review 428 (Spring, 2011) [A Panel Session Sponsored by the University of Denver Water Law Review] As moderator for the panel discussion, Peter Pollock of the Lincoln Institute of Land Policy posed the question of how we get beyond the current solutions to water management and land use in the West when there is such a poor link between the two. Water conservation, new... 2011
Carmela Murdocca "THERE IS SOMETHING IN THAT WATER": RACE, NATIONALISM, AND LEGAL VIOLENCE 35 Law and Social Inquiry 369 (Spring, 2010) This article analyzes the issue of water contamination in Kashechewan, Ontario, Canada. Through an inquiry into the way in which water contamination in one Aboriginal community was handled by the local and federal governments, this article examines processes of ongoing colonialism in Canada. Drawing on an array of sources, this article explores... 2010
Reed D. Benson A BRIGHT IDEA FROM THE BLACK CANYON: FEDERAL JUDICIAL REVIEW OF RESERVED WATER RIGHT SETTLEMENTS 13 University of Denver Water Law Review 229 (Spring 2010) INTRODUCTION. 230 I. WINTERS AND MCCARRAN: FEDERAL CLAIMS, STATE COURTS. 232 A. Reserved Rights Jurisdiction. 232 B. Reserved Right Litigation and Settlement in State Courts. 234 II. THE BLACK CANYON RESERVED WATER RIGHTS CONTROVERSY. 238 A. The Black Canyon and its Reserved Water Rights. 238 B. Cutting The Claim: A Partial Federal-State... 2010
Jodi Schuette Green CHEESEBURGER IN PARADISE? AN ANALYSIS OF HOW NEW YORK STATE RESTAURANT ASSOCIATION V. NEW YORK CITY BOARD OF HEALTH MAY REFORM OUR FAST FOOD NATION 59 DePaul Law Review 733 (Winter 2010) [P]eople should know what lies behind the shiny, happy surface of every fast food transaction. They should know what really lurks between those sesame-seed buns. As the old saying goes: You are what you eat. . . . [T]hink about it. Then place your order. Or turn and walk out the door. It's not too late. Even in this fast food nation, you can still... 2010
Mariana Chilton, Jenny Rabinowich ENDING CHILDHOOD HUNGER IN AMERICA 37-WTR Human Rights 14 (Winter, 2010) Preventing child hunger is possible; so is ending it. When compared to developing countries, where a child dies every five seconds of malnutrition, it may seem like the United States has no hunger problem worth mentioning. But just because hunger is not as visible in this country does not mean that there is no problem: The more than 17 million... 2010
Bekah Mandell FEASTS OF OZ: CLASS, FOOD, AND THE RISE OF GLOBAL CAPITALISM 20 Southern California Interdisciplinary Law Journal 93 (Fall 2010) In many ways, the Land of Oz in L. Frank Baum's books is a utopian world apart and unencumbered by the unfulfilled wants and desires of capitalism, a world in which: Every one worked half the time and played half the time, and the people enjoyed the work as much as they did the play, because it is good to be occupied and to have something to do.... 2010
A. Dan Tarlock FOUR CHALLENGES FOR INTERNATIONAL WATER LAW 23 Tulane Environmental Law Journal 369 (Summer 2010) I. Introduction: Scarcity, Unilateral Action, Climate Change, Environmental Degradation, and Social Inequity: A Recipe for Regional Conflict?. 370 II. International Water Law: Fair Distribution Versus Unilateral Action To Dam and Divert. 372 III. Large Dams, Large Problems. 378 IV. Global Climate Change. 380 V. The Subordination of Aquatic... 2010
Sharmila L. Murthy IRAQ'S CONSTITUTIONAL MANDATE TO JUSTLY DISTRIBUTE WATER: THE IMPLICATIONS OF FEDERALISM, ISLAM, INTERNATIONAL LAW AND HUMAN RIGHTS 42 George Washington International Law Review 749 (2010) With the impending water crisis in Iraq as a backdrop, this Article examines the implications of Iraq's constitutional mandate to ensure the just distribution of water. In 2005, Iraq adopted a new Constitution with a federal structure intended to balance power between its Shia, Sunni and Kurdish communities. Water is a unique case study for... 2010
Marlynn Wei, MD, JD , Rebecca W. Brendel, MD, JD PSYCHIATRY AND HUNGER STRIKES 23 Harvard Human Rights Journal 75 (Spring 2010) Psychiatrists play an instrumental role in the evaluation of hunger strikers in correctional and detention facilities. This article focuses on the role that psychiatrists play in evaluating the capacity of an individual who is voluntarily fasting. It examines theoretical and legal definitions of hunger strikes, including the criteria applied in... 2010
Lucy A. Williams THE JUSTICIABILITY OF WATER RIGHTS: MAZIBUKO V. CITY OF JOHANNESBURG 18 Willamette Journal of International Law and Dispute Resolution 211 (2010) I. Abstract. 211 II. Introduction. 213 III. Decisions of the South African Constitutional Court that Form the Legal Background to Mazibuko. 219 IV. The Ruling in Mazibuko v. City of Johannesburg. 229 A. The Johannesburg Water System. 229 B. The Township of Phiri and Operation Gcinámanzi. 230 C. Water Supply to the Rest of Johannesburg. 235 D. The... 2010
Aravind R. Ganesh THE RIGHT TO FOOD AND BUYER POWER 11 German Law Journal 1190 (November 1, 2010) Modern global food supply chains are characterized by extremely high levels of concentration in the middle of those chains. This paper argues that such concentration leads to excessive buyer power, which harms the consumers and food producers at the ends of the supply chains. It also argues that the harms suffered by farmers are serious enough as... 2010
Jon Izak Monger THIRSTING FOR EQUAL PROTECTION: THE LEGAL IMPLICATIONS OF MUNICIPAL WATER ACCESS IN KENNEDY v. CITY OF ZANESVILLE AND THE NEED FOR FEDERAL OVERSIGHT OF GOVERNMENTS PRACTICING UNLAWFUL RACE DISCRIMINATION 59 Catholic University Law Review 587 (Winter, 2010) The sound of rain on the roof is music to Jerry Kennedy's ears. Kennedy's appreciation is practical--for fifty-four years of his life, Kennedy did not have running water in his home and he and his family relied on rainwater to do their laundry. Kennedy lives outside Zanesville, a city at the confluence of the Muskingum and Licking Rivers in the... 2010
Priyanka Sundareshan USING THE TRANSFER OF WATER RIGHTS AS A CLIMATE CHANGE ADAPTATION STRATEGY: COMPARING THE UNITED STATES AND AUSTRALIA 27 Arizona Journal of International & Comparative Law 911 (Fall, 2010) Water was the theme of the 2008 World Expo, hosted in Zaragoza, Spain. Along with showcasing the culture and products of its home country, each country's pavilion provided additional information about the water scarcity it faces, the solutions it devised, and the problems that still loom. From Qatar and Saudi Arabia, which demonstrated the water... 2010
James Chyau CASTING A GLOBAL SAFETY NET--A FRAMEWORK FOR FOOD SAFETY IN THE AGE OF GLOBALIZATION 64 Food & Drug Law Journal 313 (2009) In mid-March 2007, Ontario-based Menu Foods Inc. started recalling its cuts and gravy style pet food, after receiving information that pets that had eaten the product had fallen ill. Within a week, the company was inundated with complaints and expressions of concern from about 200,000 of its customers. The U.S. Food and Drug Administration (FDA)... 2009
Robert Creighton CHEESEBURGERS, RACE, AND PATERNALISM 30 Journal of Legal Medicine 249 (April-June, 2009) A Big Mac, medium fries, and a medium Coke from McDonald's contain an astounding 1,130 calories. A double Whopper, medium fries and Coke from Burger King contain a whopping 1,410 calories. A double cheeseburger, medium fries and Coke from Wendy's contains 1,020 calories. From Hardee's, a 2/3 pound Thickburger, medium fries, and small Coke contain a... 2009
Christopher L. Burrell CO-SIGNING DANGER: WHY THE FDA SHOULD TIGHTEN REGULATIONS ON THE USE OF TRANS FAT IN FOODS IN ORDER TO LIMIT ITS ADVERSE EFFECTS ON THE HEALTH OF LOW-INCOME AFRICAN-AMERICANS 3 Southern Regional Black Law Students Association Law Journal 1 (Spring, 2009) Food today is produced faster, grown larger, and is often produced and grown more cheaply. However, improved food products have come with a cost. While farmers and scientists have collaborated to develop chemicals and methods to produce crops faster and larger, while continuing to provide a price break to consumers, not all of these advances are... 2009
Sonje Hawkins DESERT IN THE CITY: THE EFFECTS OF FOOD DESERTS ON HEALTHCARE DISPARITIES OF LOW-INCOME INDIVIDUALS 19 Annals of Health Law Advance Directive 116 (Fall, 2009) Food is necessary for the very existence of human beings, but food is not always a privilege that all enjoy. The lack of access to healthy foods is a silent problem in the United States that has been largely dwarfed by starvation in other areas of the world. A growing amount of research has begun to surface surrounding areas in the U.S. with little... 2009
Nareissa Smith EATIN' GOOD? NOT IN THIS NEIGHBORHOOD A LEGAL ANALYSIS OF DISPARITIES IN FOOD AVAILABILITY AND QUALITY AT CHAIN SUPERMARKETS IN POVERTY-STRICKEN AREAS 14 Michigan Journal of Race and Law 197 (Spring 2009) Many Americans--especially the poor--face severe hurdles in their attempts to secure the most basic of human needs--food. One reason for this struggle is the tendency of chain supermarkets to provide a limited selection of goods and a lower quality of goods to patrons in less affluent neighborhoods. Healthier items such as soy milks, fresh fish,... 2009
Avi Brisman FOOD JUSTICE AS CRIME PREVENTION 5 Journal of Food Law & Policy 1 (Spring, 2009) In December 2008, Governor David Paterson (D-NY) proposed an 18 percent tax on nondiet sodas and fruit drinks containing less than 70 percent natural fruit juice. While the tax was part of a broader budget proposal designed to address New York State's fiscal crisis a plan that that included new taxes and tax hikes on 137 items and services state... 2009
Reed N. Colfax KENNEDY v. CITY OF ZANESVILLE 36-FALL Human Rights 18 (Fall, 2009) On July 1, 2008, Barack Obama's presidential campaign stopped in Zanesville, Ohio, a small city in Muskingum County that is sixty miles east of Columbus. While there, Obama gave a speech at the Eastside Community Ministry about his plans for faith-based partnerships. The church was a mere stone's throw away from the small, predominantly African... 2009
Brent A. Fewell , James Murphy POINT-COUNTERPOINT: REPAIRING THE CLEAN WATER ACT 10 Engage: The Journal of the Federalist Society Practice Groups 58 (July 1, 2009) The authors wish to dedicate this debate to the late Jim Range, one of the nation's most prominent advocates for natural resource conservation and a tireless proponent of clear air and water. Jim died in January 2009 after a courageous battle with kidney cancer. His cumulative influence on the modern-day conservation movement is inestimable and he... 2009
Noah D. Hall PROTECTING FRESHWATER RESOURCES IN THE ERA OF GLOBAL WATER MARKETS: LESSONS LEARNED FROM BOTTLED WATER 13 University of Denver Water Law Review 1 (Fall 2009) INTRODUCTION. 2 I. THE BOTTLED WATER MARKET AND CONTROVERSY. 7 A. A Brief History of Bottled Water. 7 B. The Business of Bottled Water. 9 C. Opposition to Bottled Water. 10 II. THE GROUND RULES: INTERNATIONAL AND FEDERAL LAW. 18 A. International Trade Law and Bottled Water. 19 B. Federal Regulation of Bottled Water as a Food Product. 21 III. ON THE... 2009
Stephen C. McCaffrey , Kate J. Neville SMALL CAPACITY AND BIG RESPONSIBILITIES: FINANCIAL AND LEGAL IMPLICATIONS OF A HUMAN RIGHT TO WATER FOR DEVELOPING COUNTRIES 21 Georgetown International Environmental Law Review 679 (Summer, 2009) As a cholera epidemic sweeps across Zimbabwe, and as climate change models predict increasing droughts across parts of sub-Saharan Africa, the urgency of the need for access to clean water in southern Africa has re-emerged in the media. A right to water, internationally recognized through General Comment 15 of the United Nations Committee on... 2009
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