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Articles 1 - 30 of 56
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Harm Egalitarianism, Michael E. Herz
Harm Egalitarianism, Michael E. Herz
Faculty Articles
In the last few years, law schools and law professors have given new attention to how questions of race can be interwoven into courses that are not explicitly about race. Much has been written about how to do so in both first-year and upper-level courses, and, from all reports, the law school classroom has meaningfully changed. My sense, though it is completely impressionistic and unscientific, is that the typical Administrative Law course may have changed less than many others. It seems fair to say, at least, that there has not developed a standard suite of topics that a professor wanting …
Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival
Can Environmental Law Solve The "Forever Chemical" Problem?, Mark P. Nevitt, Robert V. Percival
Faculty Articles
Although federal environmental law purports to provide the public with comprehensive protection against chemical risks, the U.S. chemical industry is characterized by self regulation. This self-regulation is exemplified by the dangers posed by per- and polyfluoroalkyl substances (''PFAS'') broad classes of persistent toxic substances that have now entered nearly every American's bloodstream and hundreds of public drinking water systems. Despite data linking exposure to these "forever chemicals" to cancer, infertility, and a host of other public health harms, environmental law has failed to safeguard the American people from PFAS' toxic legacy. How did this occur? And what should be done …
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Health Reform Reconstruction, Lindsay F. Wiley, Elizabeth Y. Mccuskey, Matthew B. Lawrence, Erin C. Fuse Brown
Faculty Articles
This Article connects the failed, inequitable U.S. coronavirus pandemic response to conceptual and structural constraints that have held back U.S health reform for decades and calls for reconstruction. For more than a half-century, a cramped “iron triangle” ethos has constrained health reform conceptually. Reforms aimed to balance individual interests in cost, quality, and access to health care, while marginalizing equity, solidarity, and public health. In the iron triangle era, reforms unquestioningly accommodated four legally and logistically entrenched fixtures — individualism, fiscal fragmentation, privatization, and federalism — that distort and diffuse any reach toward social justice. The profound racial disparities and …
Is Climate Change A National Emergency?, Mark P. Nevitt
Is Climate Change A National Emergency?, Mark P. Nevitt
Faculty Articles
The next decade is critical for climate action. As sea levels rise, wildfires rage, and disasters increase in frequency and scale, it is clear that the U.S. must leverage an expanding menu of legal, policy, and technological tools to address climate change’s destabilizing effects. At present, we remain off-track to reduce our collective greenhouse gas (“GHG”) emissions and avoid irreversible, catastrophic harm. The emissions gap — the difference between the world’s current emissions trajectory and what we must emit to avoid climate change’s most severe consequences — continues to grow. Although President Biden and the 117th congressional leadership have pledged …
U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap
U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap
Faculty Articles
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial society whose laws, institutions and systems of governance continue to reenact the three processes upon which the United States was built—Indigenous elimination, anti-Black racism, and immigrant exploitation. This Essay connects these foundational processes—and their underlying White supremacist logics—to the disparate health impacts of COVID-19 on Indigenous, Black, and immigrant of color communities …
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
Faculty Articles
This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …
Vulnerability And Social Justice, Martha Albertson Fineman
Vulnerability And Social Justice, Martha Albertson Fineman
Faculty Articles
This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest …
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Faculty Articles
No abstract provided.
Faculty Scholarship Brochure 2018, Seattle University School Of Law
Faculty Scholarship Brochure 2018, Seattle University School Of Law
Faculty Articles
No abstract provided.
International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu
International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu
Faculty Articles
No abstract provided.
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Faculty Articles
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, the U.S. has …
Laudato Si': Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell
Laudato Si': Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell
Faculty Articles
This Essay considers the 2015 papal encyclical Laudato si's' engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world,2 while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si' is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening a space …
Faculty Scholarship Brochure 2017, Seattle University School Of Law
Faculty Scholarship Brochure 2017, Seattle University School Of Law
Faculty Articles
No abstract provided.
Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger
Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger
Faculty Articles
From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth. …
Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill
Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill
Faculty Articles
Environmental agencies determine the future state of our air, waters, and soil by reference to people’s recent-past practices. Agency exposure assessors inquire “to what are people exposed?”, and then set health-based standards accordingly. That is, they require environmental conditions sufficient to support only people’s contemporary pursuits. This Article observes that this approach suffers from several infirmities, such that exposure assessment as practiced fails to advance – and often undermines – the health-based goals of environmental and other laws. This Article examines the development of exposure assessment at EPA to uncover how agencies’ inquiry came to focus on contemporary behaviors, rather …
The Environmental Justice Implications Of Biofuels, Carmen Gonzalez
The Environmental Justice Implications Of Biofuels, Carmen Gonzalez
Faculty Articles
Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of environmental justice – including climate justice and food justice. The Article examines the impact of biofuels on the global food system and on the planet’s most food-insecure populations. It concludes that the laws and policies promoting the cultivation of biofuels have contributed to global malnourishment by raising food …
U.S. Tax Imperialism, Diane Lourdes Dick
U.S. Tax Imperialism, Diane Lourdes Dick
Faculty Articles
This article uses historical and legal analysis to demonstrate how U.S. domination over Puerto Rico's tax and fiscal policies has been the centerpiece of a colonial system and an especially destructive form of economic imperialism. Specifically, this article develops a novel theory of U.S. tax imperialism in Puerto Rico, chronicling the sundry ways in which the United States has used tax laws to exert economic dominance over its less developed island colony. During the colonial period, U.S. officials wrote and revised Puerto Rican tax laws to serve U.S. economic interests. In more recent years, U.S. tax laws have disadvantaged Puerto …
Environmental Justice, Human Rights, And The Global South, Carmen Gonzalez
Environmental Justice, Human Rights, And The Global South, Carmen Gonzalez
Faculty Articles
From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez
Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez
Faculty Articles
This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …
World Poverty And Food Insecurity, Carmen Gonzalez
World Poverty And Food Insecurity, Carmen Gonzalez
Faculty Articles
Our present global economic order produces a stable pattern of widespread malnutrition and starvation among the poor, with some eighteen million persons dying each year from poverty related causes, and there are likely to be feasible alternative regimes that /ill not produce similarly severe deprivations. If this is so, the victims of avoidable deprivations are not merely poor and starving, but impoverished and starved through an institutional order coercively imposed upon them. There is an injustice to this economic order, which it would be wrong for its more affluent participants to perpetuate.
Cost-Benefit Analysis As A Commitment Device, Matthew Wansley
Cost-Benefit Analysis As A Commitment Device, Matthew Wansley
Faculty Articles
Cost-benefit analysis does not age well. As scientific understanding of health, safety, and environmental risks accumulates over time — and as the technology to mitigate those risks becomes more affordable — the assumptions underlying a rule’s cost-benefit analysis obsolesce. Yet because of agency inaction, rulemaking ossification, and inattention to priority setting, outdated rules persist. In order to combat obsolescence, agencies should use cost-benefit analysis as a commitment device. When an agency analyzes a rule, it should precommit to subsequently adopting a more stringent rule than the one it initially promulgates, if and when a private actor credibly demonstrates that the …
The Therapeutic Function Of Testamentary Formality, Mark Glover
The Therapeutic Function Of Testamentary Formality, Mark Glover
Faculty Articles
Therapeutic jurisprudence is concerned with the psychological consequences of the law This article uses this burgeoning field to analyze one aspect of the estate planning process namely the formalities of willexecution The article first identifies the positive and negative psychological consequences of the formalities that require valid wills to be written signed and witnessed Although the analysis suggests that when coupled with a rule of strict compliance these formalities can negatively affect the testator's psychological wellbeing the article ultimately concludes that testamentary formality serves an overall therapeutic function The article then examines various reforms of the law of wills such …
A Therapeutic Jurisprudential Framework Of Estate Planning, Mark Glover
A Therapeutic Jurisprudential Framework Of Estate Planning, Mark Glover
Faculty Articles
The psychological consequences of the law of succession largely have been overlooked This oversight is confounding given that the estate planning and probate processes are emotionally charged and raise a number of psychological issues Filling this analytical void this article examines the estate planning process from a therapeutic jurisprudential perspective and makes two primary contributions to the study of the law of succession First the article identifies the psychological consequences of the estate planning process Although the analysis suggests that certain aspects of preparing and implementing an estate plan can negatively affect one's psychological wellbeing the analysis also reveals that …
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Faculty Articles
Comments Submitted to the Washington State Department of Ecology.
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Faculty Articles
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Faculty Articles
When conducting research with American Indian tribes, informed consent beyond conventional Institutional Review Board (IRB) review is needed because there may be potential for adverse consequences at a community or governmental level that are unrecognized by academic researchers. This paper reviews sovereignty, research ethics, and data-sharing considerations when doing community-based participatory health-related or natural resource-related research with American Indian nations and presents a model material and data-sharing agreement that meets tribal and university requirements. Only tribal nations themselves can identify potential adverse outcomes, and they can do this only if they understand the assumptions and methods of the proposed research. …
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
Faculty Articles
The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …
Housing And Human Services: Intergenerational Policy Considerations, Tony Carrizales, Andrew I.E. Ewoh
Housing And Human Services: Intergenerational Policy Considerations, Tony Carrizales, Andrew I.E. Ewoh
Faculty Articles
The Journal of Public Management and Social Policy begins its seventeenth volume by examining various issues that not only impact people today, but have policy implications for future generations. Intergenerational social policy is a critical discussion for academic and practitioners to continually have and we hope this particular issue of JPMSP furthers those discussions. Some underscoring themes found in this issue's articles include housing and human services. Overall, the issue brings together five general articles in the first issue of this seventeenth volume of JPMSP.
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
An Environmental Justice Critique Of Comparative Advantage: Indigenous Peoples, Trade Policy, And The Mexican Neoliberal Economic Reforms, Carmen G. Gonzalez
Faculty Articles
The free market reforms adopted by Mexico in the wake of the debt crisis of the 1980s and in connection with the North American Free Trade Agreement (NAFTA) have jeopardized the physical and cultural survival of Mexico’s indigenous peoples, increased migration to the United States, threatened biological diversity in Mexico, and imposed additional stress on the environment in the United States. Despite these negative impacts, NAFTA continues to serve as a template for trade agreements in the Americas. Unless this template is fundamentally restructured, future trade agreements may replicate throughout the Western hemisphere many of the economic, ecological and social …
Climate Change, Food Security, And Agrobiodiversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez
Climate Change, Food Security, And Agrobiodiversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez
Faculty Articles
The global food system is in a state of profound crisis. Decades of misguided aid, trade and production policies have resulted in an unprecedented erosion of agrobiodiversity that renders the world’s food supply vulnerable to catastrophic crop failure in the event of drought, heavy rains, and outbreaks of pests and disease. Climate change threatens to wreak additional havoc on food production by increasing the frequency and severity of extreme weather events, depressing agricultural yields, reducing the productivity of the world’s fisheries, and placing pressure on scarce water resources. Furthermore, the climate crisis and the biodiversity crisis are occurring at a …