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Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Selected Works

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Hugh Mundy

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira 2016 Barry University School of Law

Case Study On The Galapagos Islands: Balance For Biodiversity & Migration, Cesar E. Neira

Environmental and Earth Law Journal (EELJ)

In this comment, the author will examine the Special Organic Law of the Galapagos. To better understand the impacts of the law, the comment will examine some of the more notable provisions of the 1998 version, and a few of the amended changes in 2015. Throughout this comment, themes such as migration and preserving biodiversity will be discussed. As we will see, this notion of balancing human needs and ecosystem in the islands is not always straight-forward.


Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb 2016 Barry University School of Law

Trouble In Paradise: Maintaining The Eu Ideal For Environmental Policy In Eestern Europe, Amanda L. Harb

Environmental and Earth Law Journal (EELJ)

Ten Central and Eastern European nations have joined the EU in the last decade. The conditions for joining the EU are scrupulous and expansive, covering everything from: election rules, food product labels, and battery disposal. CEE states who are newly inducted into the EU are currently striving to successfully implement the complete extent of collected EU law. Eastern Europe has long lagged behind the west in environmental policy. Extreme industrialization and widespread deregulation over the last century produced many areas with environmental degradation. The idea is that by adopting European environmental policy, Eastern European states can cash in on European ...


Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez 2016 Barry University School of Law

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb ...


Equal Protection For Animals, Pat Andriola 2016 New York University School of Law

Equal Protection For Animals, Pat Andriola

Environmental and Earth Law Journal (EELJ)

This paper presents a simple argument: through a Dworkinian moral reading of the Constitution, nonhuman animals fall under the Supreme Court’s equal protection doctrinal framework for suspect classification. Therefore, nonhuman animals are protected by the Fourteenth Amendment. The moral principle underlying equal protection is the ensuring of government’s empathetic and equitable treatment toward not just subgroups of humans (which have been judicially delineated by social constructs of race, gender, sexuality, and other defining characteristics), but toward all sentient beings who may become victim to the “tyranny of the majority.


Climate Change And The Evolution Of Property Rights, Holly Doremus 2016 UC Berkeley

Climate Change And The Evolution Of Property Rights, Holly Doremus

Holly Doremus

No abstract provided.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


Climate Change And The Evolution Of Property Rights, Holly Doremus 2016 UC Berkeley

Climate Change And The Evolution Of Property Rights, Holly Doremus

Holly Doremus

No abstract provided.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts, Alexander D. Torres 2016 Villanova University Charles Widger School of Law

Oneok, Inc. V. Learjet, Inc.: The Supreme Court Narrows The Preemptive Scope Of The Natural Gas Act And Extracts A Win For State Courts, Alexander D. Torres

Villanova Environmental Law Journal

No abstract provided.


Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth, Gabriella T. Soreth 2016 Villanova University Charles Widger School of Law

Cracks' In The Court's Analysis? Court Strikes Balancing Act Between Citizens' Constitutional Rights And Government's Exploitation Of Natural Gas Reserves In Pennsylvania Environmental Defense Foundation V. Commonwealth, Gabriella T. Soreth

Villanova Environmental Law Journal

No abstract provided.


Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman 2016 University of Georgia School of Law

Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon 2016 International Bank for Reconstruction and Development

Legal Aspects Of World Bank Participation In Mineral Exploitation Projects, David M. Sassoon

Georgia Journal of International & Comparative Law

No abstract provided.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Seattle University School of Law

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Seattle University Law Review

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal 2016 Osgoode Hall Law School of York University

Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Shin Imai, Bernadette Maheandiran, Valerie Crystal

Shin Imai

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v ...


Recent Case Decisions, 2016 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin 2016 University of Oklahoma College of Law

Voter Beware: Colorado’S Ballot Initiatives And The Taking Of Private Property Under The U.S. Constitution, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr. 2016 University of Oklahoma College of Law

Excerpt From Oil Capital: The History Of American Oil, Wildcatters, Independents And Their Bankers, Bernard F. Clark, Jr.

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


When Is Whenever? Epa’S Retroactive Withdrawal Authority In Mingo Logan, Hale Melnick 2016 Boston College Law School

When Is Whenever? Epa’S Retroactive Withdrawal Authority In Mingo Logan, Hale Melnick

Boston College Environmental Affairs Law Review

In 2007, the United States Army Corps of Engineers granted Mingo Logan Coal Co. a permit to discharge dredge and fill material into four West Virginia streams and their tributaries. The U.S. Environmental Protection Agency (EPA) did not file an objection despite concerns about the discharge’s environmental impacts. Two years later, EPA moved to withdraw the permit in light of new information and circumstances regarding the discharge’s impact on wildlife. EPA claimed that it was authorized to withdraw the permit under Section 404(c) of the Clean Water Act, which provides the Administrator of EPA with the ...


Permitting Efficiency In Storm Water Effluent Compliance, Ryelle Seymour 2016 Boston College Law School

Permitting Efficiency In Storm Water Effluent Compliance, Ryelle Seymour

Boston College Environmental Affairs Law Review

In Natural Resources Defense Council, Inc. v. County of Los Angeles, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of National Pollutant Discharge Elimination System (NPDES) permit violations under the Clean Water Act. Environmental organizations brought suit against the County of Los Angeles and the Los Angeles County Flood Control District after the District published monitoring station reports identifying 140 separate exceedances of permit limitations. Even though the defendants’ monitoring station was located downstream from other permittees, the defendants were held liable as a matter of law for the violations because the permit clearly stated ...


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