Michael J. Zimmer THE NEW DISCRIMINATION LAW: PRICE WATERHOUSE IS DEAD, WHITHER MCDONNELL DOUGLAS? 53 Emory Law Journal 1887 (Fall 2004) I met a traveller from an antique land Who said: Two vast and trunkless legs of stone Stand in the desert. Near them, on the sand Half sunk, a shatter'd visage lies, whose frown And wrinkled lip, and sneer of cold command Tell that its sculptor well those passions read Which yet survive, stamp'd on these lifeless things, The hand that mock'd them... 2004
David A. Super THE QUIET "WELFARE" REVOLUTION: RESURRECTING THE FOOD STAMP ROGRAM IN THE WAKE OF THE 1996 WELFARE LAW 79 New York University Law Review 1271 (October, 2004) Cash-assistance programs have long been a focus of both liberal and conservative efforts to make symbolic statements. In this regard, the 1996 dismantlement of federal entitlement to cash assistance was nothing new. Although the 1996 welfare law also made deep cuts to in-kind programs, such as food stamps, these programs had less symbolic... 2004
Alfreda Robinson TROUBLING "SETTLED" WATERS: THE OPPORTUNITY AND PERIL OF AFRICAN-AMERICAN REPARATIONS 24 Boston College Third World Law Journal 139 (Winter, 2004) This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004
Alfreda Robinson TROUBLING "SETTLED" WATERS: THE OPPORTUNITY AND PERIL OF AFRICAN-AMERICAN REPARATIONS 24 Boston College Third World Law Journal 139 (Winter, 2004) This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004
Jocelyn B. Garovoy "A BREATHTAKING ASSERTION OF POWER" ? 30 Ecology Law Quarterly 543 (2003) In Pronsolino v. Nastri, the Ninth Circuit Court of Appeals upheld a landmark district court decision interpreting Section 303 of the Clean Water Act to apply to nonpoint source pollution. The Pronsolino decision affirms EPA's authority to enforce Total Maximum Daily Loads(TMDLs) in waters polluted exclusively by nonpoint sources. While this... 2003
Gary E. Marchant, Andrew Askland GM FOODS: POTENTIAL PUBLIC CONSULTATION AND PARTICIPATION MECHANISMS 44 Jurimetrics Journal 99 (Fall, 2003) One direct mechanism for improving public confidence in genetically modified foods may be to provide a greater role for the public in making policy decisions about such products. There are compelling normative and practical reasons for involving the public in such decisions. Yet, effective and meaningful public participation is made... 2003
Devon Battersby RUNNING ON EMPTY . OR WATER OR GATORADE? SAFFERO v. ELITE RACTING 1 DePaul Journal of Sports Law & Contemporary Problems 97 (Spring, 2003) Millions of people participate successfully in marathons each year. The days are gone where only super fit, workout fanatics run marathons. While more accessible to the average person these days, a marathon is still a grueling 26.2 miles. So grueling, in fact, that the term marathon was coined by the ancient Greeks when a messenger ran this... 2003
Jonathan S. Goldman TAKE THAT TOBACCO SETTLEMENT AND SUPER-SIZE IT!: THE DEEP-FRYING OF THE FAST FOOD INDUSTRY? 13 Temple Political & Civil Rights Law Review 113 (Fall 2003) [S]ome of the tactics that are so effective against smoking could also be useful against obesity. . . . Fast-food companies could soon face similar suits for failing to disclose in commercials that some of their meals contain many times the recommended daily allowance of fat. Obesity is a public health epidemic that costs the U.S. economy more than... 2003
Robert A. Kearney THE HIGH PRICE OF PRICE WATERHOUSE: DEALING WITH DIRECT EVIDENCE OF DISCRIMINATION 5 University of Pennsylvania Journal of Labor and Employment Law 303 (Winter 2003) An employer swings by his sales agent's office to deliver his recent subpar sales figures. After dropping the agent's sales figures on the agent's desk, the boss shakes his head and utters, Just like a Dago. Later that day he fires the agent. The agent decides to sue. But what kind of a case will he have? It is undeniable that his sales were low,... 2003
Eyal Benvenisti WATER CONFLICTS DURING THE OCCUPATION OF IRAQ 97 American Journal of International Law 860 (October, 2003) The Security Council's recognition of the presence of American and British forces in Iraq as an occupation subject to the Hague Regulations of 1907 and the Fourth Geneva Convention of 1949 is a rare and significant event in the history of the troubled law on occupations. This rich body of law, developed during the late nineteenth and early... 2003
Joshua Harris A LASTING PROPOSAL FOR ENDANGERED BAY-DELTA FISH SURVIVAL: THE ENVIRONMENTAL WATER ACCOUNT AND THE ACCUMULATION OF WATER CONTRACT RIGHTS IN THE CENTRAL VALLEY PROJECT AND THE STATE WATER PROJECT 26-FALL Environs Environmental Law and Policy Journal 121 (Fall, 2002) In their operation of the Delta export pumps, the water agencies have routinely exceeded the take limits for winter-run salmon and Delta smelt ever since these fish were listed under the Endangered Species Act and the take limits were established. These unconscionable fish kills are threatening the very existence of these species, and are illegal.... 2002
Robert Haskell Abrams INTERSTATE WATER ALLOCATION: A CONTEMPORARY PRIMER FOR EASTERN STATES 25 University of Arkansas at Little Rock Law Review 155 (Fall 2002) Interstate water allocation law in the United States is roughly 100 years old at this point in history. To date, with a few notable exceptions, the states of the American West have made the law. This is to be expected because allocation becomes vital as a means of providing predictability and security of right under conditions of scarcity and... 2002
Andrew P. Morriss , Bruce Yandle , Roger E. Meiners THE FAILURE OF EPA'S WATER QUALITY REFORMS: FROM ENVIRONMENT-ENHANCING COMPETITION TO UNIFORMITY AND POLLUTER PROFITS 20 UCLA Journal of Environmental Law & Policy 25 (2001/2002) I. Evolving Federalism in Water Quality Regulation. 27 II. The Need for Federalism in Water Pollution Control. 34 III. EPA's Water Quality Initiative. 40 A. The New Regulations. 41 B. Implications of the New Rules. 45 1. Highly Specific National Controls Do Not Respect the Local Nature of Water Bodies and Conflict with the Goal of Congress. 47 2.... 2002
Tom I. Romero, II UNCERTAIN WATERS AND CONTESTED LANDS: EXCAVATING THE LAYERS OF COLORADO'S LEGAL PAST 73 University of Colorado Law Review 521 (Spring 2002) During one of his judicial tours throughout Colorado in the 1870s, Judge Moses Hallett, the John Marshall of the Colorado legal system, recognized that many of the same jurors who served in one location would re-appear for jury service in the next. When Judge Hallett asked the reason for this strange coincidence, the local sheriff responded: The... 2002
Andrew P. Morriss LESSONS FROM THE DEVELOPMENT OF WESTERN WATER LAW FOR EMERGING WATER MARKETS: COMMON LAW VS. CENTRAL PLANNING 80 Oregon Law Review 861 (Fall 2001) Population growth, particularly in the arid regions of the world, has pushed water resource questions to the forefront. Even conservative estimates of the world's population project that it will reach 8,043,000,000 by 2030, an increase of more than two billion people from 1998. Such an increase will result in greater demands on water resources, and... 2001
Chris Calfee SOME, FOR ALL, FOR EVER: DEFENDING THE CONSTITUTIONALITY OF SOUTH AFRICA'S NATIONAL WATER ACT OF 1998 7 U.C. Davis Journal of International Law and Policy 57 (Winter, 2001) L1-4,T4INTRODUCTION 58 I. L2-4,T4BACKGROUND 61 A. L3-4,T4Development of South Africa's Water Law 62. 1. Public and Private Water. 65 2. Use of Public Water. 69 3. Constitution of 1996. 72 II. L2-4,T4THE NATIONAL WATER ACT 34 OF 1998 81 III. L2-4,T4ANALYSIS OF THE NWA 84 A. L3-4,T4The NWA Is Constitutional 87. 1. The Bill of Rights. 88 2. The... 2001
Regina Austin "BAD FOR BUSINESS": CONTEXTUAL ANALYSIS, RACE DISCRIMINATION, AND FAST FOOD 34 John Marshall Law Review 207 (Fall 2000) If race truly mattered, legal argument, writing, and scholarship would pay much more attention to context than it does today. Not being particularly interested in the material/social interactions and positioning of the parties that lead up to lawsuits or the material/social consequences of decisions after they are rendered, legal analysis as it is... 2000
G. Emlen Hall HISTORICAL AND PHYSICAL INTERNATIONAL BOUNDARIES IN BORDERLANDS WATER CONFLICTS: A COMMENTARY 40 Natural Resources Journal 865 (Fall, 2000) This commentary places in the context of boundaries a historical discussion of nineteenth century Native American/Hispanic conflict over water in southern California, a potential conflict between adjoining Mexican and U.S. municipalities along a shared international border, and a threatened Mexican wetland at the downstream end of a highly... 2000
Reginald Leamon Robinson RACE CONSCIOUSNESS: CAN THICK, LEGAL CONTEXTUAL ANALYSIS ASSIST POOR, LOW-STATUS WORKERS OVERCOME DISCRIMINATORY HURDLES IN THE FAST FOOD INDUSTRY? A REPLY TO REGINA AUSTIN 34 John Marshall Law Review 245 (Fall 2000) Racists are people who are afraid. [T]he general effect of the dominance-subjection relation is to destroy both parties, each by the other, and each in a specific manner. Though the corrosive suffering of the victim is wholly incommensurate with and overshadows the psychic deformation of the victimizer, one nevertheless does not transform oneself... 2000
A. Dan Tarlock RECONNECTING PROPERTY RIGHTS TO WATERSHEDS 25 William and Mary Environmental Law and Policy Review 69 (Autumn, 2000) This article examines the extent to which common law property rights use watershed resources to promote watershed conservation. The modest thesis of the article is that for over two centuries, land and water law has functioned to detach property rights from specific landscapes and, thus, has contributed to landscape degradation. There is a need to... 2000
Kate A. Berry WATER USE AND CULTURAL CONFLICT IN 19TH CENTURY NORTHWESTERN NEW SPAIN AND MEXICO 40 Natural Resources Journal 759 (Fall, 2000) This article contributes an historical geographic perspective to water conflicts in U.S.-Mexico borderlands during a period of time when friction between competing values and uses of water significantly influenced the context and nature of cultural interactions. The events and ideas surrounding water use that created cultural conflicts are examined... 2000
A. Dan Tarlock , Sarah B. Van de Wetering GROWTH MANAGEMENT AND WESTERN WATER LAW FROM URBAN OASES TO ARCHIPELAGOS 5 Hastings West-Northwest Journal of Environmental Law and Policy 163 (Winter, 1999) 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... 1999
John Remington Graham , Pierre-Jean Morin HIGHLIGHTS IN NORTH AMERICAN LITIGATION DURING THE TWENTIETH CENTURY ON ARTIFICIAL FLUORIDATION OF PUBLIC WATER SUPPLIES 14 Journal of Land Use & Environmental Law 195 (Spring, 1999) I. Introduction. 195 II. The Nature of Police Power. 200 III. Natural Law Jurisprudence. 205 IV. Health Freedom. 210 V. The Key Decisions Sustaining Fluoridation. 214 VI. The Epidemiological Evidence. 218 VII. The Judicial Findings Condemning Fluoridation. 228 A. The Pittsburgh Case. 229 B. The Alton Case. 232 C. The Houston Case. 235 VIII. The... 1999
John F. Hart PROPERTY RIGHTS, COSTS, AND WELFARE: DELAWARE WATER MILL LEGISLATION, 1719-1859 27 Journal of Legal Studies 455 (June, 1998) Gristmills and other water-powered mills played a central part in American economic development and were a common subject of early legislation. This article studies Delaware's water mill legislation from 1719 to 1859, which has not featured in any of the previous historical literature. These laws fall into three categories. First, Delaware's mill... 1998
Larry W. George PUBLIC RIGHTS IN WEST VIRGINIA WATERCOURSES: A UNIQUE LEGACY OF VIRGINIA COMMON LANDS AND THE JUS PUBLICUM OF THE ENGLISH CROWN 101 West Virginia Law Review 407 (Winter, 1998) I. L2-3,T3introduction 409. II. L2-3,T3the Common Law 411. A. Historical Context: Land Policy and Non-tidal Navigation During the Colonial Period. 411 B. Non-tidal Watercourses Conveyed to Riparian Patentees and Grantees. 413 C. Sovereign Protection of Certain Public Uses as Jus Publicum. 415 III. L2-3,T3statutory Revisions in the Common Law 417.... 1998
Barbara A. Cosens THE 1997 WATER RIGHTS SETTLEMENT BETWEEN THE STATE OF MONTANA AND THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION: THE ROLE OF COMMUNITY AND OF THE TRUSTEE 16 UCLA Journal of Environmental Law & Policy 255 (1997-1998) Established on September 7, 1916 for Rocky Boy's Band of Chippewas and . . . other homeless Indians, the Rocky Boy's Reservation is home to over 3,000 Tribal members. The Reservation's annual population growth rate is in excess of three percent. The Reservation has an estimated seventy percent unemployment. Forty-nine percent of the population... 1998
Brenda D. Diluigi THE NOTARI ALTERNATIVE: A BETTER APPROACH TO THE SQUARE-PEG-ROUND-HOLE PROBLEM FOUND IN REVERSE DISCRIMINATION CASES 64 Brooklyn Law Review 353 (Spring 1998) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. Title VII creates a comprehensive scheme, defining unfair employment practices and... 1998
Anthony Paul Kearns, III THE RIGHT TO FOOD EXISTS VIA CUSTOMARY INTERNATIONAL LAW 22 Suffolk Transnational Law Review 223 (Winter, 1998) For the first time in history, international agricultural output exceeds the amount of food necessary to feed the entire world. Despite this monumental milestone, over twenty-four people will die, either directly or indirectly from hunger in the time it takes the average reader to read this introduction. Chronic hunger has many victims. It afflicts... 1998
Victor B. Flatt A DIRTY RIVER RUNS THROUGH IT (THE FAILURE OF ENFORCEMENT IN THE CLEAN WATER ACT) 25 Boston College Environmental Affairs Law Review 1 (Fall, 1997) On March 15, 1996, the Atlanta Bar Association's Section on Environmental Law hosted a presentation concerning the City of Atlanta's continuing non-compliance with the terms of its NPDES permit related to municipal sewage treatment discharges. This ongoing problem recently had come to the forefront of local news stories, and the meeting was heavily... 1997
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