| Author | Title | Citation | Summary | Year |
| Reid Peyton Chambers |
PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT |
2022 Wisconsin Law Review 383 (2022) |
Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... |
2022 |
| Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
RESILIENCE JUSTICE AND URBAN WATER PLANNING |
52 Seton Hall Law Review 1399 (2022) |
I. Introduction. 1400 II. Urban Water Planning And Institutions. 1405 A. Urban Water Planning. 1405 B. Local Water Institutions. 1408 C. State Water Institutions. 1409 D. Federal Water Institutions. 1414 III. Resilience Justice. 1417 IV. Case Studies: Fresno and Sacramento. 1423 A. Overview. 1423 B. Fresno Case Study. 1425 C. Sacramento Case Study.... |
2022 |
| Heather J. Tanana |
SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES |
69-APR Federal Lawyer 52 (March/April, 2022) |
Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... |
2022 |
| Silvia M. Radulescu |
SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN |
29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) |
Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... |
2022 |
| Iselin Gambert |
SHOULD THE GREAT FOOD TRANSFORMATION BE FAKE-MEAT FREE? CONSIDERING STRATEGIES FOR A FUTURE OF FOOD THAT IS KINDER TO PEOPLE, ANIMALS, AND THE PLANET |
6 Business, Entrepreneurship & Tax Law Review 96 (Spring, 2022) |
There is another world, but it is in this one.- Paul Éluard In 2019, former Trump White House adviser Sebastian Gorka infamously denounced advocates of the Green New Deal with the pithy admonishment, They want to take away your hamburgers. This rhetoric is ironic given that none of the politicians supporting the Deal have suggested widescale... |
2022 |
| Samuel T. Ayres |
STATE WATER OWNERSHIP AND THE FUTURE OF GROUNDWATER MANAGEMENT |
131 Yale Law Journal 2213 (May, 2022) |
Climate change--bringing worse drought and more erratic weather--will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump aquifers... |
2022 |
| Luis Inaraja Vera |
TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS |
44 Cardozo Law Review 271 (October, 2022) |
The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... |
2022 |
| 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 |
| Ellen Smith Yost |
CURBING A STEALTH HEALTH THREAT: REGULATION OF CHILD-DIRECTED "STEALTH" JUNK FOOD MARKETING |
41 Journal of Legal Medicine 83 (January-June, 2021) |
C1-2Table of contents I. INTRODUCTION. 83 II. STEALTH MARKETING'S IMPACT ON CHILDREN'S JUNK FOOD CONSUMPTION. 84 III. CURBING CHILD-DIRECTED STEALTH MARKETING OF UNHEALTHY FOODS. 89 |
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 |