Digital Commons Network^™

The Promises And Perils Of Using Big Data To Regulate Nonprofits, Lloyd Hitoshi Mayer

Washington Law Review

For the optimist, government use of “Big Data” involves the careful collection of information from numerous sources. The government then engages in expert analysis of those data to reveal previously undiscovered patterns. Discovering patterns revolutionizes the regulation of criminal behavior, education, health care, and many other areas. For the pessimist, government use of Big Data involves the haphazard seizure of information to generate massive databases. Those databases render privacy an illusion and result in arbitrary and discriminatory computer-generated decisions. The reality is, of course, more complicated. On one hand, government use of Big Data may lead to greater efficiency, effectiveness, …

Transnational Perspectives On The Paris Climate Agreement Beyond Paris: Redressing American Defaults In Caring For Earth’S Biosphere, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Anxiety about the fate of human civilization is rising. International Law has an essential role to play in sustaining community of nations. Without enhancing International Environmental Law, the biosphere that sustains all nations is imperiled. Laws in the United States can either impede or advance global environmental stewardship. What is entailed in such a choice?

The biosphere is changing. At a time when extraordinary technological prowess allows governments the capacity to know how deeply they are altering Earth's biosphere, nations experience a perverse inability to cooperate together. The Arctic is melting rapidly, with knock on effects for sea level rise …

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor

Faculty Scholarship

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I …

Responsible Devolution Of Affordable Housing, Andrea Boyack

Faculty Publications

The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can best be addressed locally, but only if localities are held to high standards of fairness and regional coordination is facilitated. Successful and sustainable local solutions to housing affordability will also require a substantial financial investment, one that the federal government can and should reliably and adequately provide. Each year, Congress permits …

Cases And Places: A Field-Based Approach To Teaching Natural Resource And Environmental Law, Karrigan BöRk, Kurtis Burmeister

Journal of Legal Education

No abstract provided.

Case Global: Cwru Law Students Document War Crimes In Yemen Conflict, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 11, No. 1 (2019)

• Special Report: Students Document War Crimes in Yemen Conflict
• Trade Law Q&A with Professor Colares
• Special Report: Advocating for Refugees from Cleveland to Burma
• Frederick K. Cox International Law Center Names New Director
• Foreign Concurrent Degree Program Leads to Elite Law Firm Employment
• CWRU Teams Triumph at International Moot Court Competitions…
• International Law Curriculum: Sequence to Success
• Dean Scharf Featured on United Nations Audiovisual Library of International Law 
• CWRU’s Talking Foreign Policy Radio Program Examines the Crisis in Yemen
• CWRU Expands its Reach in Asia
• Fulbright Scholar Professor Cover Teaches International Law in Kenya
• Law …

Federal Funding Programs: Benefit-Cost Analyses And Low To Moderate Income Communities, Kelsey Mcneill, Alyssa Glass

Virginia Coastal Policy Center

“Global average sea level has risen by about 7-8 inches (about 16-21cm) since 1990, with about 3 of those inches (about 7 cm) occurring since 1993.” Since both the ocean and the atmosphere are getting warmer, global sea levels are projected to rise at an increased rate over the coming centuries. Unsurprisingly, rise in sea level disproportionately negatively impacts coastal communities. For instance, a combination of high magnitude storms and sea level rise causes dangerous flooding to occur farther inland than in the past. Higher sea levels will also cause communities to flood more frequently around high tide even in …

Natural Resources And Environmental Law Newsletter, Fall 2019, Natural Resources And Environmental Law Program

Newsletter

Table of Contents:

• Emerita Professor Eileen Gauna Receives American Bar Association Award
• UNM Hires Joseph A. Schremmer as Leon Karelitz Oil & Gas Law Professor
• Faculty Scholarship and Presentations
• NREL Clinic Proposes Low Income Energy Efficiency Bill, Participates in Methane Regulation Expert Workgroup
• Reed D. Benson Elected to Rocky Mountain Mineral Law Foundation Board of Directors
• Alumna Stefanie Tsosie Hired for Tribal Partnerships Program at Earthjustice
• 2019 Graduate Ann Brethour Gains National Recognition

Initiating The Utilization Of Restorative Justice In Completing Of The Environmental Crime Cases, Ufran Frans Trisa, Armindo D' Amaral

Jurnal Hukum & Pembangunan

Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability …

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose to focus on …

Fordham Lawyer, No. 17 - Fall 2019, Fordham Law Alumni Association, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Bounding Forward, Robert L. Fischman

Articles by Maurer Faculty

In the race to save the planet from climate change, resilience has been misconstrued as sustaining historic conditions. But some of them are undesirable and others no longer feasible. Adaptive governance can promote transformation to help communities frustrated with current conditions.

Transnational Environmental Law's Missing People, Natasha Affolder

All Faculty Publications

Legal scholars rely heavily on vocabularies of ‘actors’, ‘agents’, and ‘experts’ to account for the fact that law does not develop by itself. However, the identities, idiosyncrasies, and individual professional contributions of law’s people are rarely illuminated. This article suggests that the relative absence of people in transnational legal scholarship helps to explain some of its gaps. The task of bringing ‘human actors back on stage’ creates some new opportunities for transnational environmental law scholarship. It invites attention to both dominant and excluded voices. It offers a way of bridging the gap between the bureaucratic language of law and its …

Tpp And Environmental Regulation, Errol E. Meidinger

Contributions to Books

Published as Chapter 8 in Megaregulation Contested: Global Economic Ordering After TPP, Benedict Kingsbury, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz & Atsushi Sunami, eds.

This article examines the environment-related provisions of the Trans-Pacific Partnership Agreement (TPP) to assess how and how much they contribute to a larger megaregulatory program for the Asia-Pacific region. The TPP calls for ‘high levels’ of environmental protection and effective enforcement; incorporates duties from several multilateral environmental agreements; adds new provisions addressing several important environmental problems; mandates administrative best practices; promotes corporate social responsibility and the use of voluntary certification systems; and …

The Flow Must Go On: Judicial Discretion In The Oil And Gas Context, Bret D. Guepet Jr.

LSU Journal of Energy Law and Resources

No abstract provided.

Viewing Access To Justice For Rural Mainers Of Color Through A Prosecutorial Lens, Maybell Romero

Maine Law Review

Rural areas throughout the country, including those in Maine, are beginning to navigate the challenges and benefits of burgeoning communities of color. District Attorneys’ offices in the state, however, have done little to prepare for this major demographic shift. Maine district attorneys must expand their understanding of their duties to do justice and assure access to justice by better serving rural Mainers of color. While a number of scholars have focused on the legal challenges communities of color face in urban environments as well as those faced by what have been presumed to be White communities in rural areas, this …

Rural Practice As Public Interest Work, Hannah Haksgaard

Maine Law Review

As the rural lawyer shortage continues to grow, rural states and communities must find new ways of attracting law students and graduates to rural practice. This Article explores incentives based on conceptualizing rural private practice as public interest work. Rural lawyers provide public interest lawyering through pro bono cases, mixed practices, community service, and even through providing fee-paid services in rural communities. The Article asserts that law schools and rural communities can capitalize on this view to recruit new lawyers and argues that federal loan forgiveness programs should be expanded to cover rural lawyers.

Reconceptualizing Entrenched Notions Of Common Law Property Regimes: Maori Self-Determination And Environmental Protection Through Legal Personality For Natural Objects, Bridget Williams

Buffalo Environmental Law Journal

No abstract provided.

Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham

Articles & Book Chapters

Indigenous peoples around the world are concerned about the long-term impacts of industrial activities and natural resource extraction projects on their traditional territories. Environmental impact studies, environmental risk assessments (EAs), and risk management protocols are offered as tools that can address some of these concerns. However, these tools are not universally required in jurisdictions, and this Forum intervention considers whether these technical tools might be reshaped to integrate Indigenous communities’ interests, with specific attention to traditional knowledge. Challenges include unrealistic timelines to evaluate proposed projects, community capacity, inadequate understanding of Indigenous communities, and ineffective communicatio, all of which contribute to …

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.

Enforcement Or Fiction? Considering Grants Of Authority Under The California Global Warming Solutions Act Of 2006 And An Alternative To Compel Enforcement, Jessica Kirshner

San Diego Journal of Climate & Energy Law

California has long established itself as a leader in climate change policy, with a deeply entrenched and ever-developing regulatory framework. The state is home to some of the earliest research on, and regulations targeted at, mitigating the severe implications of greenhouse gas (GHG) emissions, like carbon dioxide (CO2), on Earth’s atmosphere. It is therefore unsurprising that California’s regulatory approaches for climate change mitigation and GHG emissions reductions influence local and national climate change law and policies. This influence also notably percolates international climate policy. However, before California may definitively proclaim itself as a global model for successful climate change efforts, …

Mask Off - The Coloniality Of Environmental Justice, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Environmental Refugees? Rethinking What's In A Name, Elizabeth Keyes

North Carolina Journal of International Law

No abstract provided.

Perceptions Of Infrastructure, Flood Management, And Environmental Redevelopment In The University Area, Hillsborough County, Florida, Kris-An K. Hinds

USF Tampa Graduate Theses and Dissertations

The University Area (UA), a low-income, unincorporated neighborhood in Hillsborough County, Florida, is a site of sustainable redevelopment by the local government and nonprofit organizations. Throughout the past decade, the transitions in local and state political climates have significantly impacted the residents’ ability to advocate for infrastructural and environmental improvement to the site. This thesis discusses the findings of a research project dedicated to exploring resident perspectives of stormwater management, infrastructure, and the redevelopment currently occurring the University Area. Drawing from theoretical concepts in political ecology, environmental justice, and the interplay of agency and structure, this research investigates the impacts …

Lawgleaning, Natalie Joelle

The Goose

Poetry by Natalie Joelle

U.S. Policymaking To Address Menstruation: Advancing An Equity Agenda, Jennifer Weiss-Wolf

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Still Melting: How Climate Change And Subsistence Laws Constrain Alaska Native Village Adaptation, E. Barrett Ristroph

Colorado Environmental Law Journal

No abstract provided.

The Campaign To Make Ecocide An International Crime: Quixotic Quest Or Moral Imperative?, Anastacia Greene

Fordham Environmental Law Review

No abstract provided.

Before We Make A Pig's Ear Of It: How North Carolina Hog-Farming Nuisance Suits Provide Context For The Ethics Of Gene Editing Livestock, Karen M. Meagher, Paul B. Thompson

North Carolina Law Review

No abstract provided.

Waste Not Want Not: Chinese Recyclable Waste Restrictions, Their Global Impact, And Potential U.S. Responses, Colin Parts

Chicago Journal of International Law

Since 2013 China has introduced increasingly stringent restrictions on imports of recyclables, and those restrictions have severely limited the amount of recyclables allowed into the country. Because China plays such a large role in handling global recycling flows—including waste from the U.S.—these restrictions are likely to have enormous impacts on trade in recyclables over the long term. The restrictions are potentially vulnerable to challenge within the World Trade Organization (WTO), but challenging the restrictions could create many negative impacts and be seen as an action akin to U.S. imperialism by denying China a right to a healthy environment. The domestic …