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Selected Works

2015

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Full-Text Articles in Entire DC Network

The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan Flocks Dec 2015

The Environmental And Social Injustice Of Farmworker Pesticide Exposure, Joan Flocks

Joan D. Flocks

Farmworkers in the United States are recognized as an environmental justice community. The farmworker population is low-income and primarily Hispanic, and is at a disproportionate risk from exposure to an environmental contaminant pesticides. Farmworkers face distributional, procedural, corrective, and social challenges with this exposure, as is common with other environmental justice communities. Social challenges include socioeconomic and political inequities that are grounded in the historical domination of the agricultural industry over its labor force. The production and use of pesticides is a function of the economic priorities of industry. Employers profit from pesticide use and are able to maximize their …


Risky Business: Sustainability And Industrial Land Use Across Seattle’S Gentrifying Riskscape, Troy D. Abel, Jonah White, Stacy Clauson Nov 2015

Risky Business: Sustainability And Industrial Land Use Across Seattle’S Gentrifying Riskscape, Troy D. Abel, Jonah White, Stacy Clauson

Troy D. Abel

This paper examines the spatial and temporal trajectories of Seattle’s industrial land use restructuring and the shifting riskscape in Seattle, WA, a commonly recognized urban model of sustainability. Drawing on the perspective of sustainability as a conflicted process, this research explored the intersections of urban industrial and nonindustrial land use planning, gentrification, and environmental injustice. In the first part of our research, we combine geographic cluster analysis and longitudinal air toxic emission comparisons to quantitatively investigate socioeconomic changes in Seattle Census block-groups between 1990, 2000, and 2009 coupled with measures of pollution volume and its relative potential risk. Second, we …


Walking Is A Right (Civil And Human), Robert Bullard Nov 2015

Walking Is A Right (Civil And Human), Robert Bullard

Robert D Bullard

PowerPoint opening keynote presented at the National Walking Summit in Washington, DC last month. Here is link to the Summit. http://walkingsummit.org/keynote-speakers . Some of themes include - walking as a right, "outdoor apartheid," "walking while black," and connecting nature walks and health (walking is good for the mind, body, spirit and soul) run through the talk.


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall Nov 2015

Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall

John Travis Marshall

No abstract provided.


Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener Oct 2015

Shared Spatial Regulating In Sharing-Economy Districts, Michael N. Widener

Michael N. Widener

Technology, coupled with present economic conditions and the interest of younger Americans in sustainability, is enabling a climate favorable to collaborative consumption. More individuals will be engaged over time in this “sharing economy” because underemployment of the middle class, and a majority of all non- or under-skilled workers, is a chronic condition eluding public sector solution. This new resources “lending” and social networking culture assures ongoing introductions of sharing producers and consumers to each other and into residential neighborhoods. The results will include increased traffic trips, overtaxed curbside parking spaces, additional ambient noise and stress upon electric and other utility …


Limitations Of Nuclear Power As A Sustainable Energy Source, Joshua M. Pearce Oct 2015

Limitations Of Nuclear Power As A Sustainable Energy Source, Joshua M. Pearce

Joshua M. Pearce

This paper provides a review and analysis of the challenges that nuclear power must overcome in order to be considered sustainable. The results make it clear that not only do innovative technical solutions need to be generated for the fundamental inherent environmental burdens of nuclear energy technology, but the nuclear industry must also address difficult issues of equity both in the present and for future generations. The results show that if the concept of just sustainability is applied to the nuclear energy sector a global large-scale sustainable nuclear energy system to replace fossil fuel combustion requires the following: (i) a …


Need Demographic Statistics? Numbers For Grants, Reports, And Patrons In All Libraries, Stacey Knight-Davis, Daneen Richardson Oct 2015

Need Demographic Statistics? Numbers For Grants, Reports, And Patrons In All Libraries, Stacey Knight-Davis, Daneen Richardson

Stacey Knight-Davis

Need accurate, free demographic information about your city, county, or school district? Whether you need statistical information for a grant application, facts to support a program, or need to help a student write a term paper, this session will help you find what you need. Statistics are often required to make a point. Finding the statistics you need can be a challenge. We will demonstrate several free online demographic and statistical resources at the state and federal level, as well as show you how to generate custom maps, and give you list of helpful people you can call for assistance.


Utility Air Regulatory Group V. Environmental Protection Agency: The Apotheosis Of Implicit Bias In The Supreme Court Of The United States Of America Against Environmental Interests And Their Advocates, Jason W. Jutz Oct 2015

Utility Air Regulatory Group V. Environmental Protection Agency: The Apotheosis Of Implicit Bias In The Supreme Court Of The United States Of America Against Environmental Interests And Their Advocates, Jason W. Jutz

Jason W Jutz

No abstract provided.


The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott Oct 2015

The Networked Infrastructure Of Fossil Capitalism: Implications Of The New Pipeline Debates For Environmental Justice In Canada, Dayna Nadine Scott

Dayna N. Scott

No abstract provided.


Body Polluted: Questions Of Scale, Gender, And Remedy, Dayna Nadine Scott Oct 2015

Body Polluted: Questions Of Scale, Gender, And Remedy, Dayna Nadine Scott

Dayna N. Scott

This Article offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the "injury" of endocrine disruption in a Canadian Aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how …


Body Polluted: Questions Of Scale, Gender And Remedy, Dayna Nadine Scott Oct 2015

Body Polluted: Questions Of Scale, Gender And Remedy, Dayna Nadine Scott

Dayna N. Scott

This paper offers a critique of tort remedies grounded in feminist theory of the body. It demonstrates how tort law is invested in a notion of an individuated legal subject, which fails to capture the critical interconnectedness of bodies in a social, political, historical, and colonial context. Taking the ‘injury’ of endocrine disruption in a Canadian aboriginal community as an example of a contemporary pollution harm, the analysis considers various torts on a conceptual level, and what they might offer the Aamjiwnaang First Nation in the way of remedies. In each case, what the tort can do depends on how …


What Is Environmental Justice?, Dayna Nadine Scott Oct 2015

What Is Environmental Justice?, Dayna Nadine Scott

Dayna N. Scott

This posting outlines the concept of "environmental justice" as I recently described it for an encyclopedia entry in the field of "Action Research". In this discipline, the term "environmental justice" describes more than a fair outcome. It is a social movement, and a theoretical lens, that is focused on fairness in the distribution of environmental benefits and burdens, and in the processes that determine those distributions. In both cases, an attention to environmental justice means amplifying the voices of poor, racialized and Indigenous communities in environmental and natural resource policy-making venues -- places that have typically produced decisions resulting in …


Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott Oct 2015

Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School hosts "Law's Slow Violence Workshop" with Rob Nixon, Rachel Carson Professor of English from the University of Wisconsin. With a response from Professor Dayna Scott of Osgoode Hall Law School.


Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott Oct 2015

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Dayna N. Scott

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …


Law's Slow Violence: A Review Of Rob Nixon's "Slow Violence And The Environmentalism Of The Poor" (Hup, 2010), Dayna Nadine Scott Oct 2015

Law's Slow Violence: A Review Of Rob Nixon's "Slow Violence And The Environmentalism Of The Poor" (Hup, 2010), Dayna Nadine Scott

Dayna N. Scott

With gripping urgency, Rob Nixon’s book "Slow Violence and the Environmentalism of the Poor" seeks to reveal the “occluded relationships” between transnational economic actors and the things that tie them to particular places, such as labour, land, resources and commodity dynamics. He brings into view the bodies caught in the middle – those that have been raced and erased, made invisible, and wiped away -- by exposing the violence perpetrated against them across time and space. Nixon’s work is a broad synthesis of a seemingly disparate set of literatures in post-colonial studies, eco-criticism and literary studies. His arresting narrative engages …


Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott Oct 2015

Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.


Situating Sarnia: 'Unimagined Communities' In The New National Energy Debate, Dayna Nadine Scott Oct 2015

Situating Sarnia: 'Unimagined Communities' In The New National Energy Debate, Dayna Nadine Scott

Dayna N. Scott

This paper argues that the active “unimagining” of downstream communities is crucial to maintaining a notion of unitary national ascent in the rhetoric surrounding the articulation of a new national energy strategy, specifically in relation to the pipeline debates that have gripped and divided Canadians. The exclusion of these unimagined communities downstream is demonstrated by situating Sarnia, Ontario — home to Canada’s biggest petro-chemical complex — both legally and spatially. Examining in detail the recent decision of the National Energy Board approving Enbridge’s application to reverse the flow of oil over a portion of its “Line 9” pipeline between Sarnia …


Critical Third World Approaches To International Law (Twail): Theory, Methodology, Or Both?, Obiora Chinedu Okafor Oct 2015

Critical Third World Approaches To International Law (Twail): Theory, Methodology, Or Both?, Obiora Chinedu Okafor

Obiora Chinedu Okafor

This paper engages with the question of whether TWAIL is a theory, a methodology, or both. It takes the mainstream positivist understandings of the concepts of "theory" and "methodology" seriously in order to assess TWAIL scholarship against those (admittedly contingent) measures. It argues that TWAIL offers both theories of, and methodologies for, analysing international law and institutions, before concluding that TWAIL can be usefully thought of in the way suggested by its very appellation: as a broad approach.


Environmental Law In Developing Countries: Selected Issues, Ikechi Mgbeoji, Nazrul Islam, Isabel Martinez, Wang Xi Oct 2015

Environmental Law In Developing Countries: Selected Issues, Ikechi Mgbeoji, Nazrul Islam, Isabel Martinez, Wang Xi

Ikechi Mgbeoji

This publication contains four papers on different legal issues of interest to developing countries. The papers were researched and written by four Carl Duisberg Gesellscaft (CDG) Fellows who came to Germany from Bangladesh, Venezuela, Nigeria and China to study under the host leadership of the IUCN Environmental Law Centre. Subjects chosen by these Fellows vary widely, and cover ISO 14001, access to environmental justice in Latin America, patents and plant resources-related knowledge, and law and policy of the European Union on the reduction of greenhouse gas emissions and their significance to China.


Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal Oct 2015

Accountability Across Borders: Mining In Guatemala And The Canadian Justice System, Shin Imai, Bernadette Maheandiran, Valerie Crystal

Shin Imai

This paper has been updated and revised and is now available on ssrn as: "Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala" http://ssrn.com/abstract=2358981.


Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel Sep 2015

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …


The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu Aug 2015

The North-South Divide In International Environmental Law: Framing The Issues, Carmen G. Gonzalez, Sumudu Atapattu

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …


International Environmental Law And The Global South, Carmen G. Gonzalez Aug 2015

International Environmental Law And The Global South, Carmen G. Gonzalez

Carmen G. Gonzalez

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have compromised the effectiveness of international environmental law, leading to deadlocks in environmental treaty negotiations and non-compliance with existing agreements. Through contributions from scholars based in five continents, International Environmental Law and the Global South examines both the historical origins of the North-South divide in European colonialism as well as its contemporary manifestations in a range of issues, including food justice, energy justice, …


Prof. Vibhuti Patel Safe Cities And Gender Budgeting Peoples Reporter Vol. 28 No. 15 2015, Professor Vibhuti Patel Aug 2015

Prof. Vibhuti Patel Safe Cities And Gender Budgeting Peoples Reporter Vol. 28 No. 15 2015, Professor Vibhuti Patel

Professor Vibhuti Patel

Urbanisation often goes hand in hand with a rise in urban violence and crime that manifests in terms of street harassment of women and girls, stalking, sexual violence, blackmailing and extortion rackets. Children and women are seen as soft spots who can be victimized by predators. One such incident in the city is enough and the feeling of insecurity is spread like wild fire. It not only frightens girls and women, it controls every act they consider doing then onwards. Smart cities have to be safe cities: Town planners, policy makers and budget experts need to do gender budgeting incorporating …


A Historical Perspective Of The Evolution Of Australian Built Heritage And Its Management, Johari Hussein, Lynne Armitage, Linda Too Aug 2015

A Historical Perspective Of The Evolution Of Australian Built Heritage And Its Management, Johari Hussein, Lynne Armitage, Linda Too

Lynne Armitage

This paper analyses the origin and parameters that contribute to the development of Australian built heritage, identifies the underlying challenges and issues that stakeholders face in their management, and thereby develops a basis for further research. A literature review was conducted on published resources related to heritage buildings in an historical context to categorise contributory parameters that have shaped Australian built environment over the past two centuries. It is perceived by researchers that modernisation, sustainability and technology are factors that help to retain built heritage values. However, this review suggests that the way in which these factors are applied often …


Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development, Michael Widener Aug 2015

Millennial Pivot: Sustainability-Purposed Performance Zoning Guidelines In Urban Commercial Development, Michael Widener

Michael N Widener

This paper argues that economic competitiveness requires cities and towns to reimagine their zoning regulations, leveraging technology advances to address challenges revealed by demands for sustainability in building urban projects. The optimal means to accomplish this is to use performance zoning, a method encouraging creative solutions to problems caused by increasing development densities. Performance zoning consists of a series of standards addressing specific sub-optimal neighborhood or community impacts of commercial development; these standards can be negative or positive expressions of municipal goals for sustainability and environmental justice. Pivoting to performance zoning is desirable because the development community has a firmer …


Pining For Sustainability, Timothy M. Mulvaney Jul 2015

Pining For Sustainability, Timothy M. Mulvaney

Timothy M. Mulvaney

The survey results discussed in Part I below reveal substantial paper consumption excesses in the existing law journal system. Though only thirty-three primary law journals responded to the survey, making extrapolation across the general population of all law journals difficult, the aggregate data is illuminating nonetheless. Based upon a very conservative evaluation of the data set, the respondent journals reported printing nearly seventeen million pages of paper in the one-year term of the 2008-2009 editorial boards. Isolated practices proved particularly disconcerting. For instance, one journal reported printing a full, single-sided copy of each of the more than two thousand electronically …


Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer Jul 2015

Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer

Andrew P. Morriss

The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled "heretics, " while appeals for environmental "stewardship" echo Biblical texts. Religious groups play an important role in defining environmental policy issues, and both supporters and critics of specific environmental policy views have labeled particular sets of beliefs about the environment a "religion." In this Article we engage in a thought experiment, arguing that there are valuable lessons to be learned from treating …


The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss Jul 2015

The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.