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Articles 1 - 30 of 34
Full-Text Articles in Law
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Articles & Chapters
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Articles & Chapters
No abstract provided.
Therapeutic Jurisprudence And Environmental Law – One Missing Link, Michael L. Perlin
Therapeutic Jurisprudence And Environmental Law – One Missing Link, Michael L. Perlin
Other Publications
No abstract provided.
Environmental Law: The Role Of Congress In Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, Nicholas Robinson
Environmental Law: The Role Of Congress In Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, Nicholas Robinson
Articles & Chapters
No abstract provided.
Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies
Lionfish As A Metaphor For Governance In An Era Of Climate Change, Rebecca M. Bratspies
NYLS Law Review
No abstract provided.
Reflections On The New Haven School, Molly Land
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer
The Conceptual And Jurisprudential Aspects Of Property In The Context Of The Fundamental Rights Of Indigenous People: The Case Of The Shuar Of Ecuador, Winston P. Nagan, Craig Hammer
NYLS Law Review
No abstract provided.
Expanding The “Geography” Of Policy Options To Reduce Greenhouse Gas Emissions: A Commentary On Hari Osofsky’S The Geography Of Solving Global Environmental Problems, William Ascher
NYLS Law Review
No abstract provided.
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
The Geography Of Solving Global Environmental Problems: Reflections On Polycentric Efforts To Address Climate Change, Hari M. Osofsky
NYLS Law Review
No abstract provided.
The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod
The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod
Other Publications
Congress could add half year to the life of the average american by eliminating two false assumptions built into the foundation of the CleanAir Act: (1) All pollutants have a safe level (2) pollution is local.
Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon
Northeast Natural Energy, Llc V. City Of Morgantown, Emery L. Lyon
NYLS Law Review
No abstract provided.
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
Elected Lawmakers Accountable For The Laws — Gasp! The House, David Schoenbrod
Elected Lawmakers Accountable For The Laws — Gasp! The House, David Schoenbrod
Other Publications
No abstract provided.
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
Does Cercla Preempt New York State Law Claims For Cost Recovery And Contribution?, Kristi Weiner
NYLS Law Review
No abstract provided.
The Clean Air Act Is In No Shape To Be Celebrated, David Schoenbrod
The Clean Air Act Is In No Shape To Be Celebrated, David Schoenbrod
Other Publications
No abstract provided.
How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre
How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre
NYLS Law Review
No abstract provided.
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Other Publications
Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Articles & Chapters
No abstract provided.
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
NYLS Law Review
No abstract provided.
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
Postscript To The Environment And The World Trade Organization, Amy Wichowski
Postscript To The Environment And The World Trade Organization, Amy Wichowski
NYLS Journal of International and Comparative Law
No abstract provided.
What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson
What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson
Articles & Chapters
This essay focuses on the critical reaction to Bjorn Lomborg's book, The Skeptical Environmentalist. After the book was glowingly reviewed in the Washington Post, the Economist, and other influential publications, it was critically reviewed in Scientific American, Nature, and Science and criticized by environmental organizations. The criticism went beyond trying to show him wrong on environmental policy to claim that he should be disqualified as a participant in debates on environmental policy. The basis for the disqualification was that he does not understand the science or was disingenuous in his treatment of it. In analyzing this effort to disqualify him, …
Fishing For Cancer, David Schoenbrod
Fishing For Cancer, David Schoenbrod
Other Publications
After protracted deliberations, the Environmental Protection Agency decided to dredge large quantities of sediment from the upper reach of the Hudson River in order to remove a small portion of the PCB's that came from two General Electric factories. They used these chemicals from the 1940s through the mid-1970s. The corporation will be required to pay for the clean up. The agency's administrators appointed by both Presidents Clinton and Bush as well as leading newspapers explained the decision to the public as required to protect the broad public from a significant risk to human health. This explanation is inconsistent with …
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
Articles & Chapters
This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Clean Air, Congress And The Constitution: Why Delegation Ruling Was Correct, David Schoenbrod
Other Publications
No abstract provided.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Administrative Rulemaking (Testimony), David Schoenbrod
Administrative Rulemaking (Testimony), David Schoenbrod
Other Publications
This post originally appeared on https://www.cato.org/publications/congressional-testimony/administrative-rulemaking
Courting Public Opinion, Ross Sandler