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2016 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2016 National Environmental Law Moot Court Competition Problem
2016 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Pace Environmental Law Review
This article is based on the 2015 Pace Garrison Lecture that occurred on April 1, 2015. Fittingly for a talk given on April Fool’s Day, this article focuses on tricksters. It posits that framing climate change as one incarnation of a mythological trickster can give us a better cultural narrative framework for thinking about environmental, natural resources, and energy law and policy in a climate change era. The trickster narrative can helpfully displace the dominant engineering framework that informs most of American10 environmental, natural resources, and energy law and policy and open the way to a more productive policy context …
Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller
Student Scholarship
Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.
When evaluating claims that allege violations of the “take” prohibition, …
Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler
Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler
Seattle Journal of Environmental Law
No abstract provided.
Why Black Homeowners Are More Likely To Be Caribbean-American Than African-American In New York: A Theory Of How Early West Indian Migrants Broke Racial Cartels In Housing, Eleanor Marie Brown
Why Black Homeowners Are More Likely To Be Caribbean-American Than African-American In New York: A Theory Of How Early West Indian Migrants Broke Racial Cartels In Housing, Eleanor Marie Brown
GW Law Faculty Publications & Other Works
Why are the black brownstone owners in Harlem and Brooklyn disproportionately West Indian? The landlords, West Indian-American? The tenants African-American? These are tough questions. For students of housing discrimination, West Indian Americans have long presented a quandary. If it is reasonable to assume that racial exclusions are being consistently applied to persons who are dark-skinned, one would expect to find that housing discrimination has had similar effects on West Indian-Americans and African-Americans. Yet this is not the case: West Indian-Americans generally own and rent higher quality housing than African-Americans.
Moreover, these advantages began long ago. For example, when racial covenants, …