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Against The ‘Safety Net’, Matthew Lawrence Feb 2020

Against The ‘Safety Net’, Matthew Lawrence

Matthew B. Lawrence

Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as …


Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu Oct 2019

Climate Change, The Paris Agreement, And Subsidiarity, 52 Uic J. Marshall L. Rev. 257 (2019), Paul Lewis, Giovanni Coinu

Paul Lewis

No abstract provided.


The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield Oct 2019

The Rise Of The Working Class Shareholder: An Application, An Extension And A Challenge, Kent Greenfield

Kent Greenfield

A review and analysis of David Webber's book The Rise of the Working Class Shareholder, with ideas on how to extend his points, and a challenge to one of his underlying assumptions with regard to the impact of Citizens United v Federal Election Commission.


Humane Education: An Annotated Bibliography [1991-2019], Erich Yahner Sep 2019

Humane Education: An Annotated Bibliography [1991-2019], Erich Yahner

Erich Yahner, MSLIS

No abstract provided.


Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack Sep 2019

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

Linda A. Malone

No abstract provided.


Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone Sep 2019

Environmental Justice Reimagined Through Human Security And Post-Modern Ecological Feminism: A Neglected Perspective On Climate Change, Linda A. Malone

Linda A. Malone

No abstract provided.


De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso Sep 2019

De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths, Nicholas F. Stump, Anne Marie Lofaso

Nicholas Stump

No abstract provided.


Beyond The Beltway: A Report On State Energy And Climate Policies, Daniel A. Farber Aug 2019

Beyond The Beltway: A Report On State Energy And Climate Policies, Daniel A. Farber

Daniel A Farber

Federal policy receives the bulk of the nation’s attention to energy and climate matters, from President Obama’s Clean Power Plan to President Trump’s withdrawal from the Paris Agreement. Yet much of our nation’s energy and climate policy is made by governors, state legislatures and agencies across the country. However, it can be very difficult to track these disparate actions to understand where progress is being made and which states are falling behind. Beyond the Beltway provides insight into the range of factors – political, geographical, economic and more – that determine the immensely varied state energy and climate policies across …


Transformation From Within: Practicing Global Education Through Critical Feminist Pedagogy, Ann M. Oberhauser Aug 2019

Transformation From Within: Practicing Global Education Through Critical Feminist Pedagogy, Ann M. Oberhauser

Ann Oberhauser

This paper examines the transformative role of critical feminist pedagogy as it applies to global experiential learning. I argue that a feminist approach to global education challenges racialized, neoliberal, and colonizing dimensions of higher education. Global experiential learning provides the basis for an interactive or relational form of critical feminist pedagogy within cross-cultural and transnational communities. The methodology for this research is grounded in decolonizing and feminist pedagogies that address multiple levels of engagement within the education process and among students, faculty, and communities. This discussion demonstrates how critical feminist pedagogy effectively addresses societal issues concerning power, privilege, and knowledge …


Just Preservation, A. Treves, F. J. Santiago-Ávila, W. S. Lynn Aug 2019

Just Preservation, A. Treves, F. J. Santiago-Ávila, W. S. Lynn

William S. Lynn, PhD

We are failing to protect the biosphere. Novel views of conservation, preservation, and sustainability are surfacing in the wake of consensus about our failures to prevent extinction or slow climate change. We argue that the interests and well-being of non-humans, youth, and future generations of both human and non-human beings (futurity) have too long been ignored in consensus-based, anthropocentric conservation. Consensus-based stakeholder-driven processes disadvantage those absent or without a voice and allow current adult humans and narrow, exploitative interests to dominate decisions about the use of nature over its preservation for futurity of all life. We propose that authentically non-anthropocentric …


Foreword, Holly Doremus, Robert D. Infelise Aug 2019

Foreword, Holly Doremus, Robert D. Infelise

Holly Doremus

No abstract provided.


Why Dan Tarlock Is My Hero, Holly Doremus Aug 2019

Why Dan Tarlock Is My Hero, Holly Doremus

Holly Doremus

No abstract provided.


Losing Faith: The Supreme Court And The Abandonment Of The Adjudicatory Process, Erwin Chemerinsky Aug 2019

Losing Faith: The Supreme Court And The Abandonment Of The Adjudicatory Process, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Kimberley Transitions: Collaborating To Care For Our Common Home. Beginnings..., Sandra Wooltorton, Sandy Toussaint, Anne Poelina, Anne Jennings, Stephen Muecke, Kevin Kenneally, Jacqueline Remond, Schipf Arjati, Louisa Stredwick Aug 2019

Kimberley Transitions: Collaborating To Care For Our Common Home. Beginnings..., Sandra Wooltorton, Sandy Toussaint, Anne Poelina, Anne Jennings, Stephen Muecke, Kevin Kenneally, Jacqueline Remond, Schipf Arjati, Louisa Stredwick

Sandra Wooltorton

This scoping paper is a preliminary introduction to the aspirations, interrelated literature and research involved in development of the Kimberley Transitions project. Our focus is on northern Western Australia’s Kimberley region, a landscape of immense natural and cultural significance. Along with the rest of Australia and indeed the world in which we all live, the Kimberley is on the verge of major climate, political, social and economic change. The direction of changes being proposed by governments and industry are regularly criticized, both globally and locally, by individuals and organisations concerned about damage to its rich biodiversity and cultural integrity. With …


Using Single-Case Participatory Action Research As A Methodology To Explore Appalachian Summer Camp Communities, Barry A. Garst, Nancy K. Franz, Brian Peters, Chris Smith, Sarah Baughman Jul 2019

Using Single-Case Participatory Action Research As A Methodology To Explore Appalachian Summer Camp Communities, Barry A. Garst, Nancy K. Franz, Brian Peters, Chris Smith, Sarah Baughman

Barry A Garst

Community educators have long known the value of direct experience in the learning process. Participatory action research extends this philosophy to the realm of research. This article examines the value of involving front line camp staff, members of the camp community in Appalachia as practitioner researchers with university scientists in studying the type and conditions of transformative learning in young adult camp staff. A young adult who was a camp community member assisted the researchers with methodology, data analysis, data interpretation, and dissemination of findings. This resulted in a more accurate, richer, and thicker description of the camp community member’s …


Practical Representation And The Multiracial Social Movement, Vernon D. Johnson, Kelsie Benslimane Jul 2019

Practical Representation And The Multiracial Social Movement, Vernon D. Johnson, Kelsie Benslimane

Vernon D. Johnson

The issue of representation has been brought to us by scholars in social theory, ethnic and women’s studies, and literary and cultural criticism. In political science representation became an issue as various social movements became concerned with their empowerment. This work is focused on the social movement side of the study of representation. It is concerned with the political construction of racial identity and movements for empowerment based upon those identities. Utilizing Stuart Hall’s theory of representation (1997); and building upon Winant’s model of racial hegemonic projects (1990), this paper identifies ideas and practices of racial identity and representation within …


Solidarity Economy Lawyering, Renee Hatcher Jul 2019

Solidarity Economy Lawyering, Renee Hatcher

Renee Hatcher

This essay explores lawyering in the solidarity economy movement as an emergent approach to progressive transactional lawyering. The solidarity economy movement is a set of value-driven theories and practices that seeks to transform the global economy into a just economy that centers the needs of people and the planet. While the solidarity economy movement has been established for several decades in other parts of the world, the solidarity economy movement in the United States emerged in 2007. Over the last decade the movement has grown and gained significant momentum, with the rise of solidarity economy organizations and initiatives, as well …


Final Round Table, Clara Irazabal Phd, Heidi Sohn Phd, Maria Paula Gonzalez, Jeffrey Morgan, Marwan Ghandour, Maximilian . Viatori Phd Jul 2019

Final Round Table, Clara Irazabal Phd, Heidi Sohn Phd, Maria Paula Gonzalez, Jeffrey Morgan, Marwan Ghandour, Maximilian . Viatori Phd

Marwan Ghandour

No abstract provided.


What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser Jun 2019

What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser

Susan Poser

Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …


The Social-Ecological Resilience Of An Eastern Urban-Suburban Watershed: The Anacostia River Basin, Craig Anthony (Tony) Arnold, Et Al. Apr 2019

The Social-Ecological Resilience Of An Eastern Urban-Suburban Watershed: The Anacostia River Basin, Craig Anthony (Tony) Arnold, Et Al.

Craig Anthony (Tony) Arnold

No abstract provided.


Resilient Cities And Adaptive Law, Craig Anthony (Tony) Arnold Apr 2019

Resilient Cities And Adaptive Law, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

No abstract provided.


Litigation's Bounded Effectiveness And The Real Public Trust Doctrine: The Aftermath Of The Mono Lake Case, Craig Anthony (Tony) Arnold, Leigh A. Jewell Apr 2019

Litigation's Bounded Effectiveness And The Real Public Trust Doctrine: The Aftermath Of The Mono Lake Case, Craig Anthony (Tony) Arnold, Leigh A. Jewell

Craig Anthony (Tony) Arnold

No abstract provided.


The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander Apr 2019

The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander

Craig Anthony (Tony) Arnold

No abstract provided.


Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold Apr 2019

Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

No abstract provided.


Topic Modeling The President: Conventional And Computational Methods, J.B. Ruhl, John Nay, Jonathan Gilligan Mar 2019

Topic Modeling The President: Conventional And Computational Methods, J.B. Ruhl, John Nay, Jonathan Gilligan

J.B. Ruhl

Legal and policy scholars modeling direct actions into substantive topic classifications thus far have not employed computational methods. To compare the results of their conventional modeling methods with the computational method, we generated computational topic models of all direct actions over time periods other scholars have studied using conventional methods, and did the same for a case study of environmental-policy direct actions. Our computational model of all direct actions closely matched one of the two comprehensive empirical models developed using conventional methods. By contrast, our environmental-case-study model differed markedly from the only empirical topic model of environmental-policy direct actions using …


Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce Mar 2019

Towards Quantifiable Metrics Warranting Industry-Wide Corporate Death Penalties, Joshua M. Pearce

Joshua M. Pearce

In the singular search for profits, some corporations inadvertently kill humans. If this routinely occurs throughout an industry, it may no longer serve a net positive social purpose for society and should be eliminated. This article provides a path to an objective quantifiable metric for determining when an entire industry warrants the corporate death penalty. First, a theoretical foundation is developed with minimum assumptions necessary to provide evidence for corporate public purposes. This is formed into an objective quantifiable metric with publicly-available data and applied to two case studies in the U.S.: the tobacco and coal mining industries. The results …


Making Pigs Local: Discerning The Sensory Character Of Place, Brad Weiss Mar 2019

Making Pigs Local: Discerning The Sensory Character Of Place, Brad Weiss

Brad Weiss

This article offers an attempt to characterize the relationship between “taste” and “place” as cultivated and embodied in the production, circulation, and consumption of pasture‐raised pork. I focus on the Piedmont region of North Carolina, and offer ethnographic evidence drawn from working with farmers, chefs and restaurant workers, as well as consumers at farmers’ markets to give substance to these discussions. The argument problematizes the category of “local food,” to interrogate the very notion of “place” and its many “tastes” (and other experiential qualities) with respect to the remaking and remapping of food production in the Piedmont. “Local food” is …


Reparation Ecologies: Regimes Of Repair In Populist Agroecology, K. Valentine Cadieux, Stephen Carpenter, Alex Liebman, Renata Blumberg, Bhaskar Upadhyay Feb 2019

Reparation Ecologies: Regimes Of Repair In Populist Agroecology, K. Valentine Cadieux, Stephen Carpenter, Alex Liebman, Renata Blumberg, Bhaskar Upadhyay

K. Valentine Cadieux

Amidst the backdrop of attention to populism in general, it is instructive to understand populism through
social movements focused on food and agriculture. Agrarian populism is particularly salient in agrifood
movements. Agroecology has been widely identified as a domain of populist claims on environmental and
social governance surrounding agricultural-ecological and political-economic systems. As authoritarian
populist leaders gain power throughout the world at a time of expanding economic globalization and
contingent socio-ecological crises, contests over populism in agrifood regimes can highlight current
dynamics relevant for formative evaluation of alternative political agroecology strategies, and of populist
environmental governance more broadly. Can populism …


Coming To Know About Sacrifice Zones And Eco-Activism: Teaching And Learning About Climate Change, Alexandra Panos, James Damico Jan 2019

Coming To Know About Sacrifice Zones And Eco-Activism: Teaching And Learning About Climate Change, Alexandra Panos, James Damico

Alexandra Panos

This paper shares curricular tools to engage in inquiry around issues related to environmental justice for upper elementary and middle grades students. Focusing on developing background knowledge and critical reading practices, the unit offers approaches to fiction and non-fiction online sources that promote an inquiry stance based in empathy and exploration. In addition to developing critical stances and questions to explore sacrifice zones and eco-activism, this paper shares many resources (texts and scaffolded tools) for praxical application in classrooms.


Beyond Sanctioned Activism In Carl Hiaasen’S Flush: Sacrifice Zones In Realistic Fiction, Alexandra Panos Jan 2019

Beyond Sanctioned Activism In Carl Hiaasen’S Flush: Sacrifice Zones In Realistic Fiction, Alexandra Panos

Alexandra Panos

This literary analysis considers realistic children’s literature as a powerful means of exploring children’s futures within the challenge of environmental and economic degradation today.