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Articles 1 - 5 of 5

Full-Text Articles in Law

The Fatal Flaw Of Standing: A Proposal For An Article I Tribunal For Environmental Claims, Timothy C. Hodits Jan 2006

The Fatal Flaw Of Standing: A Proposal For An Article I Tribunal For Environmental Claims, Timothy C. Hodits

Washington University Law Review

No abstract provided.


Structural Racism, Structural Pollution And The Need For A New Paradigm, Luke W. Cole, Caroline Farrell Jan 2006

Structural Racism, Structural Pollution And The Need For A New Paradigm, Luke W. Cole, Caroline Farrell

Washington University Journal of Law & Policy

Any serious attempt to address the issues of poverty, wealth and the working poor would do well to learn from the Environmental Justice movement, a broad-based national social movement that has emerged from the ground up over the past twenty years. The movement operates at the intersection of race, poverty and the environment, and offers hope in an otherwise bleak landscape of environmental and social justice advocacy. The movement offers a new paradigm for community leadership and control. This Essay explores the need for that new paradigm, using one community’s struggle against toxic intrusion to illustrate the failure of ...


The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Ilya Somin, Jonathan H. Adler Jan 2006

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Ilya Somin, Jonathan H. Adler

Washington University Law Review

This Article provides the first detailed analysis of the environmental effects of Kelo and economic development takings generally. It contends that environmentalist support for economic development takings is misguided, and that the rule embodied by the Supreme Court’s Kelo decision is bad for property owners and environmental protection alike. There is a strong environmental rationale for strictly limiting or prohibiting the use of eminent domain for economic development. Part I of this Article briefly explains the rationales of the Kelo and Hathcock decisions and shows why a Hathcock-like ban on economic development takings is highly unlikely to impede ...


China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr. Jan 2006

China's Cities, Globalization, And Sustainable Development: Comparative Thoughts On Urban Planning, Energy, And Environmental Policy, Edward H. Ziegler Jr.

Washington University Global Studies Law Review

This Article notes that despite China’s policy to encourage automobile ownership, China’s urban planning policies seem aimed at avoiding the development of a completely automobile dependent economy and culture, unlike the United States’ economy and culture. This Article concludes with the observation that growth management and energy policies in both the United States and China appear to be on a collision course with the new global energy and environmental realities of the twenty-first century.


Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman Jan 2006

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

Washington University Global Studies Law Review

These remarks by a panel of scholars address issues of climate change, as well as legal solutions to these problems. In particular is a focus on the Kyoto Protocol, an alliance of nation states dedicated to the reduction of harmful greenhouse gases.