Digital Commons Network^™

Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James May, Erin Daly

Erin Daly

This article examines the extent to which constitutionally embedded fundamental environmental rights have met the promise of ensuring a right to an adequate environment. It explains these results and suggests ways to neutralize judicial resistance to these emerging constitutional rights. In Part II we explain the prevalence of constitutionally entrenched rights to a quality environment. In Part III, we provide examples of the extent to which courts have enforced these provisions. In Part IV, we examine institutional and structural factors, conceptual disjunctions, and pragmatic considerations that help to explain judicial receptivity to constitutionally entrenched environmental rights. And in Part V …

Labor Union Coalition Challenges To Governmental Action: Defending The Civil Rights Of Law-Wage Workers, Maria Ontiveros

Maria L. Ontiveros

(This paper is a working draft, which will be published in final form by the University of Chicago Legal Forum, Vol. 2009.)

The article examines international and domestic legal challenges filed by traditional labor unions, in coalition with others, against the government of the Unites States of America. The article argues that these lawsuits can help protect the civil rights of low-wage workers by creating a coherent legal theory defending the civil rights of low-wage workers and by creating an identifiable change agent to work on that defense. The lawsuits include those challenging governmental action with respect to immigrant workers, …

Race, Class, And Katrina : Human Rights And (Un)Natural Disaster, Hope Lewis

Hope Lewis

This essay reflects on the international human rights implications of Hurricane Katrina. For those of us in the human rights movement, it seemed natural to see Katrina and its aftermath as both a massive international humanitarian disaster and a human rights crisis. This was not just the awful result of a huge storm having hit a densely populated area and thereby necessitating the marshalling of public and private humanitarian aid. It also revealed government inaction and affirmatively abusive actions before, during, and after the storm hit that implicate international human rights standards.

We know that Katrina was not the last …

Global Sustainable Values – Video Interviews To Selected Global Leaders, Marco Tavanti

Marco Tavanti

Dr. Tavanti's interviews to selected global leaders exemplifying teaching values on sustainability, human rights, international development, social responsibility and public service

Vindicating Fundamental Environmental Rights: Judicial Acceptance Of Constitutionally Entrenched Environmental Rights, James R. May, Erin Daly

James R. May

This article examines the extent to which constitutionally embedded fundamental environmental rights have met the promise of ensuring a right to an adequate environment. It explains these results and suggests ways to neutralize judicial resistance to these emerging constitutional rights. In Part II we explain the prevalence of constitutionally entrenched rights to a quality environment. In Part III, we provide examples of the extent to which courts have enforced these provisions. In Part IV, we examine institutional and structural factors, conceptual disjunctions, and pragmatic considerations that help to explain judicial receptivity to constitutionally entrenched environmental rights. And in Part V …