Kate Celender THE IMPACT OF FEEDLOT WASTE ON WATER POLLUTION UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 33 William and Mary Environmental Law and Policy Review 947 (Spring, 2009) Meat recalls have become such a common place news topic that an announcement from the United States Department of Agriculture (USDA) recalling 143 million pounds of ground beef, the largest recall in history, hardly sparked much public interest. Like many other farming practices, raising and slaughtering livestock has become an industrialized... 2009
Karen Kong THE RIGHT TO FOOD FOR ALL: A RIGHT-BASED APPROACH TO HUNGER AND SOCIAL INEQUALITY 32 Suffolk Transnational Law Review 525 (Summer 2009) The right to food under Article 11 of the International Covenant on Economic, Social and Cultural Rights is an endeavor under international human rights law to deal with the problem of hunger using a right-based approach which guarantees accountability, transparency, equality and non-discrimination. From an analysis of the reports of various... 2009
Mary Turnipseed , Stephen E. Roady , Raphael Sagarin , Larry B. Crowder THE SILVER ANNIVERSARY OF THE UNITED STATES' EXCLUSIVE ECONOMIC ZONE: TWENTY-FIVE YEARS OF OCEAN USE AND ABUSE, AND THE POSSIBILITY OF A BLUE WATER PUBLIC TRUST DOCTRINE 36 Ecology Law Quarterly 1 (2009) Sustainably managing marine ecosystems has proved nearly impossible, with few success stories. Ecosystem management failures largely stem from the traditional sector-by-sector, issue-by-issue approach to managing ocean-borne activities--an approach that is fundamentally unable to keep pace with the dynamics of coupled human, ecological and... 2009
Taunya Lovell Banks TROUBLED WATERS: MID-TWENTIETH CENTURY AMERICAN SOCIETY ON "TRIAL" IN THE FILMS OF JOHN WATERS 39 Stetson Law Review 153 (Fall 2009) Iconoclast filmmaker John Waters grew up in racially segregated Baltimore, Maryland during the stifling conformity of the 1950s and early 1960s. Waters, now an openly gay man, came of age as a filmmaker in the late sixties. As a young man, he lived in a closed society where racial mixing and homosexual sodomy were illegal. Furthermore, the emerging... 2009
Craig Anthony (Tony) Arnold WATER PRIVATIZATION TRENDS IN THE UNITED STATES: HUMAN RIGHTS, NATIONAL SECURITY, AND PUBLIC STEWARDSHIP 33 William and Mary Environmental Law and Policy Review 785 (Spring, 2009) Current debates in U.S. law and politics seem to be questioning whether national security and human rights are in fundamental tension with each other, as our legal and political systems struggle with the scope of government powers to fight terrorism and the legal limits on the detention, interrogation, and punishment of suspected terrorists, such... 2009
Avi Brisman FAIR FARE?: FOOD AS CONTESTED TERRAIN IN U.S. PRISONS AND JAILS 15 Georgetown Journal on Poverty Law and Policy 49 (Spring, 2008) The degree of civilization of a society is revealed by entering its prisons. No one truly knows a nation until one has been inside its jails. Prisons and jails, by their very nature, implicate power relations. Although attitudes towards conditions of confinement, as well as the conditions themselves, have changed over the years (evolved or... 2008
Guadalupe T. Luna FARMER OPERATIONS OF COLOR AND FOOD BASED COALITIONS 20 Saint Thomas Law Review 580 (Spring 2008) I. Introduction. 580 II. An Agricultural History. 582 III. New Demographic Trends. 585 IV. An Agrarian Possibility? An Agricultural Antitrust Exception. 587 V. Conclusion. 592 2008
Shin-Yi Chou , Inas Rashad , Michael Grossman , Lehigh University, Georgia State University, City University of New York FAST-FOOD RESTAURANT ADVERTISING ON TELEVISION AND ITS INFLUENCE ON CHILDHOOD OBESITY 51 Journal of Law & Economics 599 (November, 2008) Childhood obesity is an escalating problem around the world that is especially detrimental as its effects carry on into adulthood. In this paper we employ the 1979 Child-Young Adult National Longitudinal Survey of Youth and the 1997 National Longitudinal Survey of Youth to estimate the effects of television fast-food restaurant advertising on... 2008
Lewis A. Grossman FOOD, DRUGS, AND DROODS: A HISTORICAL CONSIDERATION OF DEFINITIONS AND CATEGORIES IN AMERICAN FOOD AND DRUG LAW 93 Cornell Law Review 1091 (July, 2008) This Article explores the evolution and interaction of the legal and cultural categories food and drug from the late nineteenth century to the present. The federal statutory definitions of food and drug have always been ambiguous and plastic, providing the FDA with significant regulatory flexibility. Nevertheless, the agency is not... 2008
A. Dan Tarlock , Sarah B. Van de Wetering GROWTH MANAGEMENT AND WESTERN WATER LAW: FROM URBAN OASES TO ARCHIPELAGOS 14 Hastings West-Northwest Journal of Environmental Law, Policy 983 (Winter 2008) The West is in another boom cycle and all projections indicate that this unique region will continue to capture a substantial share of the country's population growth well into the next century. Western states grew by about 32 percent in the past twenty-five years, compared with 19 percent in the rest of the nation. From 1990 to 1995, ten of the... 2008
James Salzman IS IT SAFE TO DRINK THE WATER? 19 Duke Environmental Law and Policy Forum 1 (Fall 2008) If you board a ferry in bustling Hong Kong, cross to Lantau Island, and get on a local bus, the forests of cranes atop new buildings soon give way to forested hills, too steep for the construction boom to reach. An hour's ride up the spines of the mountain range brings you to Po Lin Monastery. Towering above the temple buildings sits Tian Tan... 2008
Thomas J. Graff, Jennifer Pitt LIVING WITH OURSELVES: WHAT TRADE OFFS WILL GET MADE TO SUPPLY GROWING WESTERN COMMUNITIES WITH WATER, AND WHO DECIDES? 38 Environmental Law Reporter News & Analysis 10590 (August, 2008) Will the water demands of the apparently unstoppable population increases of the ever-exploding cities of America's Southwest ultimately be a factor in limiting that expansion? Historically the Field of Dreams phenomenon has ruled the day: the suburbs have sprouted and the water to keep them green has arrived. Are times changing? What happens if... 2008
Andrew L. Magaziner THE TRICKLE DOWN EFFECT: THE PHIRI WATER RIGHTS APPLICATION AND EVALUATING, UNDERSTANDING, AND ENFORCING THE SOUTH AFRICAN CONSTITUTIONAL RIGHT TO WATER 33 North Carolina Journal of International Law and Commercial Regulation 509 (Spring 2008) I. Introduction. 510 II. History of the South African Constitution and Understanding Constitutionalism . 512 III. The Phiri Water Rights Case. 521 A. South African Water Policy: A Brief Review. 522 B. The Phiri Applicants: Their Stories and Legal Claims. 527 IV. Interpreting the 1996 Constitutional Text: Implications for Phiri Residents. 530 A.... 2008
Elizabeth Burleson WATER IS SECURITY 31-SPG Environs Environmental Law and Policy Journal 197 (Spring 2008) Introduction. 197 I. The Shared Responsibility Of Water. 200 II. Indigenous Peoples And Water. 203 III. Civil Society Participation And Public Education. 206 IV. Pollution. 209 Conclusion. 214 Reasonable and equitable water resource decision-making is at the core of good governance around the world. Some solutions are as simple as rainwater... 2008
Chelsea Peters WHOLE FOODS, UNWHOLESOME PRACTICES: WILL SOCK PUPPETEERS BE HELD ACCOUNTABLE FOR PSEUDONYMOUS WEB POSTINGS? 5 Shidler Journal of Law, Commerce & Technology 4 (Summer, 2008) The Federal Trade Commission recently exposed Whole Foods' CEO John Mackey for having made pseudonymous posts on financial message boards for over seven years. Mackey's practice of sock puppeting, or posting under a false identity to praise and build support for one's company, is becoming more common among high-powered corporate executives who... 2008
Andrea Freeman FAST FOOD: OPPRESSION THROUGH POOR NUTRITION 95 California Law Review 2221 (December, 2007) Fast food has become a major source of nutrition in low-income, urban neighborhoods across the United States. Although some social and cultural factors account for fast food's overwhelming popularity, targeted marketing, infiltration into schools, government subsidies, and federal food policy each play a significant role in denying inner-city... 2007
Stephen D. Sugarman , Nirit Sandman FIGHTING CHILDHOOD OBESITY THROUGH PERFORMANCE-BASED REGULATION OF THE FOOD INDUSTRY 56 Duke Law Journal 1403 (April, 2007) That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific... 2007
John B. Weldon, Jr. , Lisa M. McKnight FUTURE INDIAN WATER SETTLEMENTS IN ARIZONA: THE RACE TO THE BOTTOM OF THE WATERHOLE? 49 Arizona Law Review 441 (Summer 2007) Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... 2007
Emma Coleman Jordan "JUST LIKE A TREE PLANTED BY THE WATERS, I SHALL NOT BE MOVED:" CHARLES OGLETREE, JR., AND THE PLAIN VIRTUES OF LAWYERING FOR RACIAL EQUALITY 22 Harvard BlackLetter Law Journal 121 (Spring, 2006) It was a moment of unbelievable risk, a precipice of career suicide, a decision that would challenge the careful planning of more timid lawyers. His wife urged caution; a Harvard colleague explored back channels with the Senate Judiciary Committee to telegraph warning to him of unseen torpedoes that might lie in his path. Even he hesitated in the... 2006
  ENVIRONMENTAL JUSTICE: ACCESS TO CLEAN DRINKING WATER 57 Hastings Law Journal 1367 (June, 2006) Firestone: My name is Laurel Firestone. I'm an attorney with the Center on Race, Poverty and the Environment. I work in Delano, which is on the border of Kern and Tulare Counties in the Central Valley, and I run the rural poverty water project. I am fortunate enough to moderate the panel today on Access to Clean Drinking Water and Environmental... 2006
William J. Wailand EVOLVING STRATEGIES FOR TWENTY-FIRST CENTURY NATURAL RESOURCE PROBLEMS 81 New York University Law Review 1518 (October, 2006) East Central Florida sits atop the Floridan Aquifer, an underground water source covering 100,000 square miles and spanning Alabama, South Carolina, Georgia, and Florida (Berardo, pp. 64-65). As the population soars in this region, demand for water will likely increase dramatically, and average water consumption may reach 926 million gallons per... 2006
Reynaud Daniels IMPLEMENTATION OF THE RIGHT OF ACCESS TO SUFFICIENT WATER THROUGH PRIVATIZATION IN SOUTH AFRICA 15 Penn State Environmental Law Review 61 (Fall 2006) Over 1 billion people across the world lack access to potable water and more than 2 billion are without access to sanitation. In addition, approximately 2 million deaths result from easily preventable diarrhea-related sicknesses annually. Water is critical to sustaining human life. Access to safe water is vital to ensuring that human beings enjoy a... 2006
Hope M. Babcock RESERVED INDIAN WATER RIGHTS IN RIPARIAN JURISDICTIONS: WATER, WATER EVERYWHERE, PERHAPS SOME DROPS FOR US 91 Cornell Law Review 1203 (September 1, 2006) In this Article, the author explores the question of whether nonfederally recognized eastern Indian tribes can claim reserved tribal rights to water under the Winters doctrine. The urgency of resolving this question in the tribes' favor is underscored by the mounting problem of water scarcity in the East, where most such tribes live, and the... 2006
K. Heidi Gudgell, Steven C. Moore, Geoffrey Whiting THE NEZ PERCE TRIBE'S PERSPECTIVE ON THE SETTLEMENT OF ITS WATER RIGHT CLAIMS IN THE SNAKE RIVER BASIN ADJUDICATION 42 Idaho Law Review 563 (2006) In order to understand the Nez Perce Tribe's (Tribe) perspective on the settlement of its water right claims in the Snake River Basin Adjudication (SRBA), and its perspective on the claims themselves, it is necessary to understand some of the history of the Nez Perce people and the nature and purpose of the rights reserved by the Tribe in the... 2006
Kimberly Breedon THE REACH OF RAICH: IMPLICATIONS FOR LEGISLATIVE AMENDMENTS AND JUDICIAL INTERPRETATIONS OF THE CLEAN WATER ACT 74 University of Cincinnati Law Review 1441 (Summer, 2006) Letting the days go by/water flowing underground . . . . Under the rocks and stones/there is water underground . . . . Same as it ever was . . . . Same as it ever was . . . . Same as it ever was . . . . In 1972, Congress responded to the growing national water pollution problem by passing the Clean Water Act (CWA) in an effort to protect and... 2006
David H. Getches INDIGENOUS PEOPLES' RIGHTS TO WATER UNDER INTERNATIONAL NORMS 16 Colorado Journal of International Environmental Law and Policy 259 (Spring 2005) In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the... 2005
Denise Lach , Helen Ingram , Steve Rayner MAINTAINING THE STATUS QUO: HOW INSTITUTIONAL NORMS AND PRACTICES CREATE CONSERVATIVE WATER ORGANIZATIONS 83 Texas Law Review 2027 (June, 2005) Water managers are falling behind in the race to resolve mounting troubles. Adverse environmental and social consequences of past management practices are evidenced by endangered species' lost habitats, the billions of people without access to clean water or sanitation services, and fierce competition among advocates for the use of diminishing... 2005
Ann Hopkins PRICE WATERHOUSE V. HOPKINS: A PERSONAL ACCOUNT OF A SEXUAL DISCRIMINATION PLAINTIFF 22 Hofstra Labor and Employment Law Journal 357 (Spring 2005) I was asked to discuss my experience with the legal system and to go beyond previously published material to answer some questions. Why did the case succeed? What happened after you went back to Price Waterhouse? What changed after the litigation? What advice would you offer to people who seek to combat discrimination? In this article, I... 2005
Craig Anthony (Tony) Arnold PRIVATIZATION OF PUBLIC WATER SERVICES: THE STATES' ROLE IN ENSURING PUBLIC ACCOUNTABILITY 32 Pepperdine Law Review 561 (2005) I. Overview II. The Status of Water Privatization in the United States A. History B. Current Status 1. The Trend Towards Privatization 2. The Types of Privatization 3. The Forces Pushing Privatization 4. The Response to Privatization III. Legal Authority and Limits A. Legal Authorization of Privatization B. Legal Limits on Privatization IV. Issues... 2005
Rose Francis WATER JUSTICE IN SOUTH AFRICA: NATURAL RESOURCES POLICY AT THE INTERSECTION OF HUMAN RIGHTS, ECONOMICS, AND POLITICAL POWER 18 Georgetown International Environmental Law Review 149 (Fall, 2005) C1-3Contents I. Introduction. 149 II. The Legacy of Apartheid Land & Water Policies. 153 III. Democratic Transition and the Politics of Globalization. 155 IV. Transformations in Water Law and Policy. 160 A. The National Water Act. 161 1. Decentralization. 165 2. Cost Recovery. 170 3. Privatization. 176 B. South Africa's Free Basic Water Policy. 178... 2005
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