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Road School: Ada And Title Vi: Remaining Eligible For Funding, Erin L. Hall Mar 2016

Road School: Ada And Title Vi: Remaining Eligible For Funding, Erin L. Hall

Purdue Road School

Compliance with nondiscrimination and accessibility requirements is a contractual and ethical obligation for subrecipients of federal funds. Come learn how to achieve compliance with State and Federal regulations to remain eligible for federal funds, , avoid legal liability and better serve your community by ensuring projects and programs developed with public funds are deigned to benefit all.


Using Thematic Hearings At The Inter-American Human Rights Commission To Advance U.S. Human Rights Accountability: A Resource For The Bringing Human Rights Home Lawyers' Network, Human Rights Institute Mar 2016

Using Thematic Hearings At The Inter-American Human Rights Commission To Advance U.S. Human Rights Accountability: A Resource For The Bringing Human Rights Home Lawyers' Network, Human Rights Institute

Human Rights Institute

As U.S. social justice advocates increasingly turn to the Inter‐American Commission on Human Rights (the “IACHR” or the “Commission”) as a tool to advance domestic social justice advocacy, there has been significant growth in the number of requests for thematic hearings. Thematic hearings offer a unique opportunity to raise‐awareness of human rights issues, build coalitions, strengthen the regional and international human rights record on the United States, and advocate for changes to law and policy, as well as to promote regional norms. To leverage this opportunity, it is useful to understand thematic hearings and how they function within the Inter‐ …


Vol. 50, No. 07 (February 29, 2016) Feb 2016

Vol. 50, No. 07 (February 29, 2016)

Indiana Law Annotated

No abstract provided.


Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik Feb 2016

Us Environmental Injustice Goes Well Beyond Flint, Lauren Carasik

Media Presence

No abstract provided.


Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus Feb 2016

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


From Patient Rights To Health Justice: Securing The Public's Interest In Affordable, High-Quality Health Care, Lindsay F. Wiley Feb 2016

From Patient Rights To Health Justice: Securing The Public's Interest In Affordable, High-Quality Health Care, Lindsay F. Wiley

Cardozo Law Review

Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public - alongside the patient, the provider, and the payer - as an important stakeholder and active participant in decisions about medical treatment, health care coverage, and allocation of scarce resources. In a previous article, the author looked to the environmental justice, reproductive justice, and food justice movements for inspiration in developing a "health justice" approach to eliminating social disparities …


Reviving The Environmental Justice Agenda, Rachael E. Salcido Jan 2016

Reviving The Environmental Justice Agenda, Rachael E. Salcido

Chicago-Kent Law Review

During his 2008 campaign, President Obama pledged that his administration would put an emphasis on environmental justice, outlining a strategy to address the unequal burden of pollution in low-income, minority and indigenous communities. Though many criticize some of the shortcomings, such as inadequate pursuit of civil rights remedies, the administration has followed through to supply some of the most critical components of solutions to the environmental justice challenge: leadership, capacity, collaboration-in-fact, and funding. This article will examine the reinvigorated Inter-Agency Working Group on Environmental Justice, the roadmaps prepared to address EJ, and significant rules and guidance enacted by the EPA …


Congressional Dysfunction And Executive Lawmaking During The Obama Administration, Raquel Aldana Jan 2016

Congressional Dysfunction And Executive Lawmaking During The Obama Administration, Raquel Aldana

Chicago-Kent Law Review

No abstract provided.


Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim Jan 2016

Presidential Legitimacy Through The Anti-Discrimination Lens, Catherine Y. Kim

Chicago-Kent Law Review

The Obama administration’s deferred action programs granting temporary relief from deportation to undocumented immigrants have focused attention to questions regarding the legitimacy of presidential lawmaking. Immigration, though, is not the only context in which the president has exercised policymaking authority. This essay examines parallel instances of executive lawmaking in the anti-discrimination area. Presidential policies relating to workplace discrimination, environmental justice, and affirmative action share some of the key features troubling critics of deferred action yet have been spared from serious constitutional challenge. These examples underscore the unique challenges to assessing the validity of actions targeting traditionally disenfranchised groups—be they noncitizens, …


Table Of Contents, Chicago-Kent Law Review Jan 2016

Table Of Contents, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Event Poster, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Text Of Speech, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi Jan 2016

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability--Slides And Data Presentation, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present the Second Annual Climate and Energy Justice Lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel Jan 2016

A Discussion With Epa's General Counsel Avi Garbow: Environmental Justice, Agency Priorities, And Employment, Avi S. Garbow, General Counsel

Environmental and Animal Law

The Center For International Law & Justice and Environmental Law Society present a discussion with Avi S. Garbow who, during his tenure as EPA General Counsel, has worked closely on the Clean Power Plan, Clean Water Rule and other initiatives.


The Bunk House Rules: A Materialist Approach To Legal Consciousness In The Context Of Migrant Workers’ Housing In Ontario, Adrian Smith Jan 2016

The Bunk House Rules: A Materialist Approach To Legal Consciousness In The Context Of Migrant Workers’ Housing In Ontario, Adrian Smith

Osgoode Hall Law Journal

In this article, I tackle the controversy surrounding an application to convert an abandoned school into housing for migrant agricultural workers in Ontario. I examine how the written reactions of community residents to a proposed municipal zoning by-law amendment convey and invoke understandings of the legal regulation of temporary labour migration. Viewed through a legal consciousness analytical lens that has been reconstituted to attend to the material practices and contexts underpinning residents’ responses (a materialist approach to legal consciousness), the submissions intervene in the organization and regulation of agricultural labour. While rehearsing well-worn, racist colonial tropes, these responses (re)produce material …


J. D. Course Descriptions, Nova Southeastern University Jan 2016

J. D. Course Descriptions, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.


Planning For Density In A Driverless World, Sarah J. Fox Jan 2016

Planning For Density In A Driverless World, Sarah J. Fox

IPR Papers & Reports

Automobile-centered, low-density development was the defining feature of population growth in the United States for decades. This development pattern displaced wildlife, destroyed habitat, and contributed to a national loss of biodiversity. It also meant, eventually, that commutes and air quality worsened, a sense of local character was lost in many places, and the negative consequences of sprawl impacted an increasing percentage of the population. Those impacts led to something of a shift in the national attitude toward sprawl. More people than ever are fluent in concepts of “smart growth,” “new urbanism,” and “green building,” and with these tools and others, …


Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic Jan 2016

Beyond Baby Steps An Empirical Study Of The Impact Of Environmental Justice Executive Order 12898, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic

Publications and Research

This study evaluated the impact of Executive Order (EO) 12898 to advance environmental justice. We conducted a review evaluating the frequency and effective use of EO 12898 since execution with particular focus following President Obama’s Plan EJ 2014. We found that both EO 12898 and Plan EJ 2104 had little, if any, impact on federal regulatory decision making. To the extent federal agencies discussed EO 12898, most did so in boilerplate rhetoric that satisfied compliance but was devoid of detailed thought or analysis. In the 21st year, with the exception of the Environmental Protection Agency, very little federal regulatory activity …


Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman Jan 2016

Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman

Publications and Research

Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the …


Untying The Gordian Knot: Re-Assessing The Impact Of Business And Human Rights Principles On Extractive Resource Governance In Sub-Saharan Africa, Oyeniyi Abe Jan 2016

Untying The Gordian Knot: Re-Assessing The Impact Of Business And Human Rights Principles On Extractive Resource Governance In Sub-Saharan Africa, Oyeniyi Abe

American University International Law Review

No abstract provided.


The Sovereign State Responsibility And The Human Rights Imperative Of Zero-Gas Emission In Niger-Delta: Rejigging The Imposed Legal Order For A Quick Climate Redress, Ogunnaike Oluseyi Taiwo Jan 2016

The Sovereign State Responsibility And The Human Rights Imperative Of Zero-Gas Emission In Niger-Delta: Rejigging The Imposed Legal Order For A Quick Climate Redress, Ogunnaike Oluseyi Taiwo

American University International Law Review

No abstract provided.


Expanding Past Genocide, Crimes Against Humanity, And War Crimes: Can An Icc Policy Paper Expand The Court's Mandate To Prosecuting Environmental Crimes?, Payal Patel Jan 2016

Expanding Past Genocide, Crimes Against Humanity, And War Crimes: Can An Icc Policy Paper Expand The Court's Mandate To Prosecuting Environmental Crimes?, Payal Patel

Loyola University Chicago International Law Review

No abstract provided.


Integrating Climate Change Resilience Into Hud’S Disaster Recovery Program, Justin Gundlach, Channing R. Jones Jan 2016

Integrating Climate Change Resilience Into Hud’S Disaster Recovery Program, Justin Gundlach, Channing R. Jones

Sabin Center for Climate Change Law

The Department of Housing and Urban Development (HUD)’s community development block grant disaster recovery program (CDBG-DR) can better and more clearly incorporate climate resilience and adaptation priorities. This article identifies and analyzes the statutes that have guided HUD's approach to disaster recovery to date, as well as forms of “soft guidance” issued by HUD for use by various stakeholders, including both HUD CDBG-DR program officers and the state and local officials that interact with them. Comparing these materials reveals a tension between the requirement that all projects funded by CDBG-DR “tie back” to the most recent disaster, and the logic …


Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg Jan 2016

Land Shark At The Door? Why And How States Should Regulate Landmen, Ann M. Eisenberg

Faculty Publications

No abstract provided.


Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle Jan 2016

Climate Change And The Confluence Of Natural And Human History: A Lawyer’S Perspective, Josh Eagle

Faculty Publications

No abstract provided.


Traditional Ecological Rulemaking, Anthony Moffa Jan 2016

Traditional Ecological Rulemaking, Anthony Moffa

Faculty Publications

This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …


The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub Jan 2016

The Nature Of Equality: Promoting Environmental Justice In Kentucky Via The Fair Housing Act, Nicole Zub

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr Jan 2016

Sacred In The City: The Huron Indian Cemetery And The Preservation Laws, John W. Ragsdale Jr

Faculty Works

The Huron Indian Cemetery sits on a hill above the confluence of the Missouri and Kansas Rivers. It is several acres of predominant green, with grass, mature trees, and modest, weathered grave stones, surrounded by the sterile concrete of a struggling Midwestern city. Desultory businesses, colorless governmental offices, a casino, and strong evidence of poverty and vandalism lap at the shores of the small sanctuary. Yet despite the drab and essential joylessness of the encircling faded modernity, the cemetery holds a surprising sense of peace and even timelessness. The serenity may seem incongruous, not only because of the tawdry surroundings, …


Next Generation Compliance, David L. Markell, Robert L. Glicksman Jan 2016

Next Generation Compliance, David L. Markell, Robert L. Glicksman

Scholarly Publications

No abstract provided.


Congressional Dysfunction And Executive Lawmaking During The Obama Administration, Raquel Aldana Jan 2016

Congressional Dysfunction And Executive Lawmaking During The Obama Administration, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.