Law Commons^™

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.

Tackling Climate Change: Don't Forget Energy Efficency, Joel B. Eisen

Law Faculty Publications

Todd S. Aagaard and Joel B. Eisen write that one option available for states under the EPA's high-profile Clean Power Plan is relying on greater efficiency in energy usage and other demand-side strategies such as "demand response," which involves programs to reduce consumption at specific times of high electricity demand. However, a federal court recently cast a cloud over demand response's future.

Smart Regulation And Federalism For The Smart Grid, Joel B. Eisen

Law Faculty Publications

This Article examines the “Smart Grid,” a set of concepts, technologies, and operating practices that may transform America’s electric grid as much as the Internet has done, redefining every aspect of electricity generation, distribution, and use. While the Smart Grid’s promise is great, this Article examines numerous key barriers to its development, including early stage resistance, a lack of incentives for consumers, and the adverse impacts of the federal-state tension in energy regulation. Overcoming these barriers requires both new technologies and transformative regulatory change, beginning with the development of a foundation of interoperability standards (rules of the road governing interactions …

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.

Reclaiming Global Environmental Leadership: Why The United States Should Ratify Ten Pending Environmental Treaties, Noah M. Sachs

Law Faculty Publications

For more than a century, the United States has taken the lead in organizing international responses to international environmental problems. The long list of environmental agreements spearheaded by the United States extends from early treaties with Canada and Mexico on boundary waters and migratory birds to global agreements restricting trade in endangered species and protecting against ozone depletion.

In the last two decades, however, U.S. environmental leadership has faltered. The best known example is the lack of an effective response to climate change, underscored by the U.S. decision not to join the Kyoto Protocol. But that is not the only …

Carbon Capture And Storage: An Option For Helping To Meet Growing Global Energy Demand While Countering Climate Change, Victor K. Der

University of Richmond Law Review

No abstract provided.

Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis

University of Richmond Law Review

No abstract provided.

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

Offshore Windfall: What Approval Of The United States' First Offshore Wind Project Means For The Offshore Wind Energy Industry, Michael P. Giordano

University of Richmond Law Review

This comment explores the Cape Wind project with an emphasis on its role as the first United States offshore wind energy project. Part II of this comment explains the potential energy resource that offshore wind provides and examines some of the economic, technological, and regulatory challenges facing the development of offshore wind projects in United States waters. Part III of this comment introduces the Cape Wind project as a case study by briefly describing the particular political struggles and permitting challenges faced by its developers. Part IV of this comment analyzes how DOI approval and the eventual construction of Cape …

The Nuclear Fuel Cycle, Global Security, And Climate Change: Weighing The Costs And Benefits Of Nuclear Power Expansion, Christopher E. Paine

University of Richmond Law Review

No abstract provided.

Obesity, Poverty, And The Built Environment: Challenges And Opportunities, Wendy Collins Perdue

Law Faculty Publications

Obesity is linked to behaviors related to food consumption and physical activity. Although the factors affecting behaviors in these areas are complex, there is growing evidence that the physical characteristics of many of our communities, and particularly poorer communities, encourage obesity-generating behaviors including a sedentary lifestyle arid unhealthy eating habits. This paper explores the relationship between obesity causing behavior and the physical characteristics of communities and highlights some of the challenges and opportunities associated with changing those physical characteristics.

The Environmental Responsibility Of The Regionalizing Electric Utility Industry, Joel B. Eisen

Law Faculty Publications

In this Article, I will address environmental issues in the context of our rapidly evolving understanding of "restructuring." The market for electricity is fast becoming a series of regional marketplaces for wholesale transactions, operating on bid-based systems that move power at the lowest cost. There are plenty of states where power is still delivered as it has been for decades: by "bundled" service provided by vertically integrated utilities. However, the trend is toward regionalization, where independent entities control the transmission grid and play a major role in determining how power is delivered. These market participants, confusingly, have been known by …

Environmental Law, Benjamin A. Thorp Iv, William K. Taggart

University of Richmond Law Review

No abstract provided.

Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill

Law Faculty Publications

Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.