Skye M. Walker, 2021-2022 Symposium Editor THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? 52 Environmental Law I (Summer, 2022) Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... 2022
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022
Stella Emery Santana THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA 32 Indiana International & Comparative Law Review 287 (2022) This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... 2022
Michelle Bryan THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION 25 University of Denver Water Law Review 227 (Spring, 2022) INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... 2022
Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES 50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... 2022
Heather J. Tanana, Elisabeth Paxton Parker THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS 37-FALL Natural Resources & Environment 12 (Fall, 2022) When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... 2022
Dr. Katharine M. Broton, Charlotte Lenkaitis, Sarah Henry UNIVERSITIES AS PRODUCERS, MANAGERS, AND OPPONENTS OF POVERTY: THE CASE OF FOOD INSECURITY ON CAMPUS 29 Georgetown Journal on Poverty Law and Policy 337 (Spring, 2022) Given growing awareness of and actions to address food insecurity challenges in higher education, this paper is a response to the Georgetown Journal on Poverty Law and Policy 2022 Symposium call to examine universities as producers, managers, and opponents of poverty. Bringing together the unique perspectives of a faculty scholar and two recent... 2022
Rebecca Glenn UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION 25 University of Denver Water Law Review 287 (Spring, 2022) I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... 2022
Timothy D. Lytton USING INSURANCE TO REGULATE FOOD SAFETY: FIELD NOTES FROM THE FRESH PRODUCE SECTOR 52 New Mexico Law Review 282 (Summer, 2022) Foodborne illness is a public health problem of pandemic proportions. In the United States alone, contaminated food sickens an estimated 48 million consumers annually, causing 128,000 hospitalizations and 3,000 deaths. Nowhere is this crisis more acute than in the fresh produce sector, where microbial contamination in growing fields and packing... 2022
Travis Brammer USING LAND AND WATER CONSERVATION FUND MONEY TO PROTECT WESTERN MIGRATION CORRIDORS 22 Wyoming Law Review 61 (2022) I. Introduction. 62 II. Background. 63 A. Importance of Migration Corridors. 64 B. Threats to Migration Corridors. 71 C. The Land and Water Conservation Fund. 74 III. Migration Corridor Conservation Funding. 77 A. Existing Efforts to Protect Migration Corridors. 78 B. Need for Additional Federal Funding. 83 IV. Using LWCF Money. 84 A. LWCF Funding... 2022
Michael C. Blumm , Michael Benjamin Smith WALKER LAKE AND THE PUBLIC TRUST IN NEVADA'S WATERS 40 Virginia Environmental Law Journal 1 (2022) The public expects this unique natural resource to be preserved and for all of us to always be able to marvel at this massive glittering body of water lying majestically in the midst of a dry mountainous desert. --Justice Robert Rose Walker Lake, a terminal desert lake in western Nevada's Mineral County was once home to a thriving trout fishery... 2022
Abigail R. Brown WATER JUSTICE UNDER THE BIG SKY: LOCATING A HUMAN RIGHT TO WATER IN MONTANA LAW 45 Public Land & Resources Law Review 41 (2022) I. Introduction. 42 II. Background: Water Scarcity in Montana's Communities. 44 III. Montana's Prior Appropriation Doctrine and Domestic Preference. 49 A. Prior Appropriation in Montana. 49 B. Domestic Preference: An Exception to the Rule of Priority. 52 C Montana's Legal Authority to Recognize a Domestic Preference: Reconsidering Mettler. 54 IV. A... 2022
Richard A. Monette WATER LAW IN NATIVE NATION TERRITORIES 95-OCT Wisconsin Lawyer 10 (October, 2022) Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... 2022
John A. Kolanz WHY COLORADO SHOULD EVALUATE CLEAN WATER ACT SECTION 404 PROGRAM ASSUMPTION 33 Colorado Environmental Law Journal 55 (Winter, 2022) C1-2Table of Contents Introduction. 56 I. Background. 57 II. Discussion. 59 A. Why Colorado Might Reach a Different Conclusion This Time Around. 59 1. Removal of Certain Barriers to State Section 404 Program Assumption. 59 a. The Assumable Waters Barrier. 60 b. The Endangered Species Act (ESA) Barrier. 65 c. The Program Administration Funding... 2022
Anne MacKinnon WYOMING WATER LAW GIVES STATE KEY ROLE THROUGH CHANGING TIMES 45-JUN Wyoming Lawyer 42 (June, 2022) Most people interested in water in Wyoming know the name of Elwood Mead, who as a young engineer in the 1880s wrote the core of water law promoted as a model for other states at the time. Mead adopted the common Western principle of prior appropriation, first in time, first in right, that provides that the earliest rights can get water first. But... 2022
Amanda Chan , Anna Nathanson "NOT FOR HUMAN CONSUMPTION": PRISON FOOD'S ABSENT REGULATORY REGIME 29 William & Mary Bill of Rights Journal 1009 (May, 2021) Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight... 2021
Margaret L. Satterthwaite ASSESSING THE RIGHTS TO WATER AND SANITATION: BETWEEN INSTITUTIONALIZATION AND RADICALIZATION 52 Georgetown Journal of International Law 315 (Winter, 2021) In the past two decades, the human rights to water and sanitation have emerged, matured, and taken their place at the center of discussions about rights, sustainable development, global health, and climate change. While there was early hope that these rights--especially the right to water--would provide a strong basis for rejecting the... 2021
George Rice COVID-19 & FOOD INSECURITY: HOW THE COVID-19 PANDEMIC HAS EXACERBATED FOOD INSECURITY AND WILL DISPROPORTIONALLY AFFECT LOW INCOME AND MINORITY GROUPS 21 University of Maryland Law Journal of Race, Religion, Gender and Class 160 (Spring, 2021) The COVID-19 pandemic has highlighted several health disparities that exist between primarily White, affluent populations and low-income and minority communities. While diet-related health disparities have come to the forefront during the pandemic, they have existed for generations, and can be attributed, in part, to systemic inequality in food... 2021
Stephen Wilks DISTURBING THE MODERN PLANTATION: HOW COVID-19 IS REINFORCING THE FOOD SUPPLY CHAIN'S FUNCTION AS A SOCIAL SORTING TOOL 30 Cornell Journal of Law & Public Policy 539 (Spring, 2021) Overview. 540 I. The Position of Food Supply Chain Workers Within the US Economy. 546 A. Falling Unemployment Rates and Service Sector Job Growth. 546 B. An Overview of the US Food Supply Chain, Its Workers, and Their Earnings. 548 C. Occupational Hazard. 550 D. Law's Role in Forming the Relationships Between Workers, Pay, and Conditions. 551 II.... 2021
D'Andra Millsap Shu FOOD ALLERGY BULLYING AS DISABILITY HARASSMENT: HOLDING SCHOOLS ACCOUNTABLE 92 University of Colorado Law Review 1 (Winter, 2021) Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death.... 2021
Ernesto Hernández-López FOOD OPPRESSION: LESSONS FROM SKIMMED FOR A PANDEMIC 57 California Western Law Review 243 (Spring, 2021) In her book, Skimmed: Breastfeeding, Race, and Injustice, Andrea Freeman powerfully illustrates how differences in circumstances shape the decisions Black and White mothers make to feed their infants. Skimmed explores an important topic, which surely impacts each person as newborns--breastfeeding. Specifically, the book presents how White privilege... 2021
Martha F. Davis FREEDOM FROM THIRST: A RIGHT TO BASIC HOUSEHOLD WATER 42 Cardozo Law Review 879 (June, 2021) C1-2Table of Contents Introduction. 879 I. A Fifth Freedom?. 887 II. Finding the Human Right to Water. 894 III. The Constitutional Right to Water Around the World. 900 IV. Constitutional Rights to Basic Water under United States Law. 904 Conclusion. 910 2021
Dr. Tomaso Ferrando GANGMASTERING PASSATA: MULTI-TERRITORIALITY OF THE FOOD SYSTEM AND THE LEGAL CONSTRUCTION OF CHEAP LABOR BEHIND THE GLOBALIZED ITALIAN TOMATO 14 FIU Law Review 521 (Spring, 2021) Italy is the second largest producer of tomatoes in the world after the United States, and it is often considered the homeland of this food. Yet, the Italian tomato is much more than Italian. If one considers the people, geography, regulations, and history behind the golden pome (pomo-d'oro in Italian), there is no other conclusion than it is... 2021
David B. Schorr HORIZONTAL AND VERTICAL INFLUENCES IN COLONIAL LEGAL TRANSPLANTATION: WATER BY-LAWS IN BRITISH PALESTINE 61 American Journal of Legal History 308 (September, 2021) Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial... 2021
Brendan W. Williams HUNGER GAMES: RACIAL POLITICS AND THE U.S. DEPARTMENT OF AGRICULTURE 43 North Carolina Central Law Review 103 (2021) The United States Department of Agriculture (USDA) was established by a law signed by President Abraham Lincoln in 1862, with the benign charge to diffuse among the people of the United States useful information on subjects connected with agriculture in the most general and comprehensive sense of that word, and to procure, propagate, and... 2021
Dr. Daniel Rietiker INDIGENOUS PEOPLES' RIGHT TO WATER IN TIMES OF COVID-19: ASSESSMENT OF THE PROTECTION UNDER INTERNATIONAL LAW AND RECOMMENDATIONS FOR HUMAN RIGHTS LITIGATION 44 Suffolk Transnational Law Review 1 (Winter, 2021) While rivers flow through Navajo lands and are used to irrigate golf courses in Phoenix, the Navajo lack legal entitlement to that water and amidst the coronavirus crisis, cannot even get sufficient plumbing to wash their hands. Indigenous peoples have suffered and continue to suffer from human rights abuses more than the rest of the population.... 2021
A. Camille Karabaich MORE THAN HUNGRY: HOW POLITICAL NARRATIVES BUILT & MAINTAIN HUNGER IN THE UNITED STATES 27 William and Mary Journal of Race, Gender, and Social Justice 541 (Winter, 2021) Introduction I. Building Hunger A. Housing 1. Housing & the Native Americans 2. Housing During Slavery 3. Housing & Land Ownership 4. Housing & Home Ownership B. Incarceration 1. Incarceration & Hunger C. Inaccessibility 1. Monetary and Time Inaccessibility 2. Geographic Inaccessibility D. Food 1. Food Insecurity 2. Food & Control 3. Food & Health... 2021
Samia R. Broadaway, Paulina Williams RETROSPECTIVE ON DRINKING WATER LITIGATION FROM FLINT, MICHIGAN 52 ABA Trends 6 (March/April, 2021) The facts of Flint, Michigan's water crisis are now well known: in April 2014, the city of Flint, facing serious financial trouble, was supervised by an emergency manager appointed by then-Governor Snyder. The emergency manager was tasked with implementing cost-saving measures. In one such cost-saving effort, the city switched its water supply from... 2021
Katelyn Healy RIGHT TO FOOD GONE IN A SNAP? EVALUATING SECTION 12-4.13C OF THE ILLINOIS PUBLIC AID CODE AND WHETHER IT ADEQUATELY ADDRESSES CITIZENS' "RIGHT" TO FOOD 53 UIC John Marshall Law Review 1125 (Spring, 2021) I. Introduction: Food Insecurity in One of the Richest Countries. 1125 II. Background. 1128 A. The Right to Food in the United States and Timeline Through Federal Food Programs. 1128 1. First Food Stamp Program. 1129 2. The Pilot Food Stamp Program from 1961-1964. 1130 3. The Food Stamp Act of 1964. 1130 4. The 1960s Through the 1980s. 1131 5.... 2021
1 2 3 4 5 6 7 8 9 10 11