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Full-Text Articles in Civil Rights and Discrimination
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Using § 1983 To Enforce Title Vi's Section 602 Regulations, Bradford Mank
Faculty Articles and Other Publications
This Article examines the circumstances under which § 1983 suits may be used to enforce agency regulations in general, and Title VI's disparate impact regulations in particular.
Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank
Environmental Justice And Discriminatory Siting: Risk-Based Representation And Equitable Compensation, Bradford Mank
Faculty Articles and Other Publications
This Article proposes a new risk-based approach to representing and compensating not only minorities but any person affected by a siting decision. This proposal would create a formal mechanism for achieving the desire of many environmental justice advocates to empower those local residents most affected by a siting decision. The EPA or state siting agencies, however, would provide a technocratic framework for assessing the scope of risks, despite the limitations of risk and cost-benefit analysis; would set limits on the maximum amount of risk in any community; and would specify the minimum compensation required from a developer. Immediate neighbors, political …