AuthorTitleCitationSummaryYear
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
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
Robyn Stein WATER LAW IN A DEMOCRATIC SOUTH AFRICA: A COUNTRY CASE STUDY EXAMINING THE INTRODUCTION OF A PUBLIC RIGHTS SYSTEM 83 Texas Law Review 2167 (June, 2005) Amanzi Ayimpilo--Water is Life--It is indispensable to survival and there can be no livelihood, no growth, and no economic development in its absence. In this drought prone, water scarce country, it is our responsibility to ensure water security for all time. The National Water Act has effected a transformation of the regulatory regime governing... 2005
Sheree R. Weisz CONSTITUTIONAL LAW--FEDERAL INDIAN LAW: THE EROSION OF TRIBAL SOVEREIGNTY AS THE PROTECTION OF THE NONINTERCOURSE ACT CONTINUES TO BE REDEFINED MORE NARROWLY 80 North Dakota Law Review 205 (2004) In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... 2004
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