Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
Articles 1 - 14 of 14
Full-Text Articles in Law
Climate Discrimination, Duane Rudolph
Climate Discrimination, Duane Rudolph
Catholic University Law Review
This Article focuses on the coming legal plight of workers in the United States, who will likely face discrimination as they search for work outside their home states. The Article takes for granted that climate change will have forced those workers across state and international boundaries, a reality dramatically witnessed in the United States during the Dust Bowl of the 1930s. During that environmental emergency (and the devastation it wrought), workers were forced across boundaries only to be violently discriminated against upon arrival in their new domiciles. Such discrimination is likely to recur, and it will threaten the livelihoods of …
My Friend, Charles Reich, Hon. Guido Calabresi
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
University of Colorado Law Review
Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …
Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner
Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner
Pace Environmental Law Review
This Note examines the merits of the “bodily integrity” claim that the Flint residents have alleged in Mays (but does not discuss any claims asserted in Earley, the case Mays was consolidated with on appeal), and asserts that they should be successful on this claim on remand, assuming that the facts alleged in the Flint residents’ complaint are true. This Note outlines the alleged facts and then discusses the existing case law on bodily integrity claims generally, both in the non-environmental justice and environmental justice fields. Following is an explanation of the specific bodily integrity claim the Flint residents have …
Environmental Injustice And The Problem Of The Law, Uma Outka
Environmental Injustice And The Problem Of The Law, Uma Outka
Maine Law Review
Over the past fifteen years, legal academia has produced a sizeable body of scholarship on the widely acknowledged problem of environmental injustice. Although there have been positive responses in the policy arena, no similar level of concern is evident in the courts. Most legal claims directly addressing environmental injustice fail, recent developments in civil rights case law are discouraging, and current constructions of environmental laws are proving theoretically inadequate to protect communities already subjected to disproportionate toxic exposure or threatened by new pollution. This Comment explores the state of the law of environmental justice and offers an analysis of why …
Reflections On Social Change And Law Reform, John D. Leshy
Reflections On Social Change And Law Reform, John D. Leshy
University of Colorado Law Review
No abstract provided.
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney
Pepperdine Dispute Resolution Law Journal
Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
St. Mary's Law Journal
The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
City Versus Countryside: Environmental Equity In Context, A. Dan Tarlock
Fordham Urban Law Journal
This Article takes an approach to the problem of environmental equity that is different from the remedies advocated by the leaders of the environmental equity movement. The plea that the benefits of environmental protection be extended to all groups in society is, of course, a legitimate one, but the movement is too narrowly focused and its aims are too modest. I dissent from the two central premises held by environmental equity advocates. First, the movement assumes that judicially recognized and enforced rights will lead to improved public health. Second, the movement asserts that disadvantaged communities should adopt a “Not in …
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Environmental Justice Litigation: Another Stone In David’S Sling, Luke W. Cole
Fordham Urban Law Journal
This Article attempts to synthesize some of the lessons environmental justice lawyers have learned, in order to offer a practitioner’s perspective on environmental justice cases. The author’s ambition in setting out these lessons is to allow community groups and attorneys entering the struggle to learn from mistakes, emulate successes, and avoid re-inventing the wheel. Without addressing the strategic and tactical drawbacks of litigation, this Article assumes that a community group has decided to pursue litigation. This Article will only discuss siting cases, as siting disputes have been the primary context for environmental justice litigation thus far. The Article proposes a …
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
Nonparties To Employment Discrimination Consent Decrees May Attack, In A Collateral Lawsuit, Decisions Made Pursuant To The Decrees., Michael T. Larkin
St. Mary's Law Journal
In Martin v. Wilks, the United States Supreme Court held nonparties to employment discrimination consent decrees may attack, in a collateral lawsuit, decisions made pursuant to the decrees. A consent decree is a voluntary judgment between parties which facilitates settlement of litigation by providing one party with equitable relief. Courts retain jurisdiction over parties to a consent decree, and they can issue contempt orders to parties violating the terms of the decree. Unlike judgments, the parties cannot challenge the consent decrees, except in limited circumstances. Recently, federal courts have widened the scope of preclusion law by defining the term “claim” …
Administrative Law: Due Process Requirements Of Notice And Hearing Apply To Native Claims Under Administrative Procedure Act; Civil Rights: Challenging Tribal Membership Ordinance; Criminal Law: Nor Prejudice To Indian Defendant Sentenced Under State Due To Additional Or Alternative Fina Authorized By Federal Statute; Due Process: Tribal Elections And The Indian Civil Rights Act; Environment: Standing Of Non-Indians To Challenge Validity Of Coal Leases On Indian Land; Evidence: Indian Concept Of "Toka" As Concerning Issues Of Provocation And Justification; Indian Civil Rights Act: Residency Requirements For Tribal Political Office Upheld; Indian Lands: Quiet Title Action By Indian Allottees Against Railroad Holding Easement In The Nature Of A Limited Fee; Jurisdiction: Adoption Where All Parties Are Residents Of An Indian Reservation; Jurisdiction: New Mexico State Constitution As Affecting Adjudication Of Indian Water Rights; Taxation: State Right Of Taxation On Reservations When Commerce Effectuated Between Indians And Non-Indians
American Indian Law Review
No abstract provided.
The Right To Counsel In Federal Courts And The Proposed Amendments To The Federal Rules Of Criminal Procedure
Indiana Law Journal
No abstract provided.