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Testimony To The Un Working Group Of Experts On People Of African Descent, Renee Hatcher Jan 2016

Testimony To The Un Working Group Of Experts On People Of African Descent, Renee Hatcher

UIC Law Open Access Faculty Scholarship

No abstract provided.


Environmental Law: Time To Reboot, James Gustave Speth Jan 2016

Environmental Law: Time To Reboot, James Gustave Speth

Sabin Center for Climate Change Law

Presentation given by James Gustave Speth at the 2016 David Sive Memorial Lecture.


Suborbital Flights: Environmental Concerns And Regulatory Initiatives, S. M. Mousavi Sameh Jan 2016

Suborbital Flights: Environmental Concerns And Regulatory Initiatives, S. M. Mousavi Sameh

Journal of Air Law and Commerce

No abstract provided.


A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey Jan 2016

A Law Of Just Transitions?: Putting Labor Law To Work On Climate Change, David J. Doorey

Osgoode Legal Studies Research Paper Series

Climate change will dramatically affect labor markets, but labor law scholars have mostly ignored it. Environmental law scholars are concerned with climate change, but they lack expertise in the complexities of regulating the labor relationship. Neither legal field is equipped to deal adequately with the challenge of governing the effects of climate change on labor markets, employers, and workers. This essay argues that a legal field organized around the concept of a 'just transition' to a lower carbon economy could bring together environmental law, labor law, and environment justice scholars in interesting and valuable ways. "Just transitions" is a concept …


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

Fordham Environmental Law Review

No abstract provided.


Fulfilling The Promise: Basic Components Of Next Generation Environmental Assessment, Robert B. Gibson, Meinhard Doelle, A. John Sinclair Jan 2016

Fulfilling The Promise: Basic Components Of Next Generation Environmental Assessment, Robert B. Gibson, Meinhard Doelle, A. John Sinclair

Articles, Book Chapters, & Popular Press

This paper outlines the key elements of the next generation EA in Canada. It draws on decades of EA practice and academic literature. It summarizes the working conclusions of a lengthy monograph, which also sets out the broad context and the background of experience with environmental assessment law and practice in Canada. Readers who would like to explore the issues raised in this paper in more detail may wish to consult the monograph online.


You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal Jan 2016

You Can't Common What You Can't See: Towards A Restorative Polycentrism In The Governance Of Our Cities, Amy Laura Cahn, Paula Z. Segal

Fordham Urban Law Journal

No abstract provided.


Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber Jan 2016

Ced After #Ows: From Community Economic Development To Anti-Authoritarian Community Counter-Institutions, Michael Haber

Fordham Urban Law Journal

No abstract provided.


Many Poor Americans Are Not Getting Access To Clean Drinking Water, A Basic Human Right, Keimer Raymond Jan 2016

Many Poor Americans Are Not Getting Access To Clean Drinking Water, A Basic Human Right, Keimer Raymond

Public Interest Law Reporter

No abstract provided.


Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs Jan 2016

Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs

Law Faculty Publications

This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.


Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini Jan 2016

Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini

Cardozo Journal of Equal Rights & Social Justice

The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.


A Brook With Legal Rights: The Rights Of Nature In Court, Hope M. Babcock Jan 2016

A Brook With Legal Rights: The Rights Of Nature In Court, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Over two decades ago, Professor Christopher Stone asked what turned out to be a question of enduring interest: should trees have standing? His question was recently answered in the affirmative by a creek in Pennsylvania, which successfully intervened in a lawsuit between an energy company and a local township to prevent the lifting of a ban against drilling oil and gas wastewater wells. Using that intervention, this Article examines whether such an initiative might succeed on a broader scale. The Article parses the structure, language, and punctuation of Article III, as well as various theories of nonhuman personhood to see …


Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana Jan 2016

Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana

Journal Publications

Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …


Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner Jan 2016

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …


External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia Jan 2016

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …


A Park For Everyone: The National Park Service In Urban America, Sarah J. Morath Jan 2016

A Park For Everyone: The National Park Service In Urban America, Sarah J. Morath

Akron Law Faculty Publications

This article examines the National Park Service's past and future presence in urban America. Scholars, conservationists, and park administrators agree that urban park spaces and programming must be a focus of the National Park Service in its second century. This article explains the motivations behind the National Park Service's first urban parks and describes the National Park Service's recent emphasis on urban areas. From designations such as Pullman Park in Chicago, to initiatives like the Urban Agenda, the National Park Service is poised to engage urban America and create a new generation of park visitors.


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

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

Faculty Scholarship

No abstract provided.


The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton Jan 2016

The New Nature, Jedediah S. Purdy, Jo Guildi, Jairus Grove, Robert Paarlberg, Andreas Malm, David Keith, Anna Tsing, Ugo Mattei, Vandana Shiva, Paul Waldau, Roy Scranton

Faculty Scholarship

First came the insight that politics was not an outgrowth of organic hierarchy or divine ordination but instead an artifice – an architecture of power planned only by human beings. [...] was the recognition that economic order does not arise from providential design, natural rights to property and contract, or a grammar of cooperation inherent, like language, in the human mind. First is the Anthropocene condition: the massive increase in human impacts on everything from the upper atmosphere to the deep sea and the DNA of the world's species. [...] closely related, is the movement's interest not just in the …


Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey Jan 2016

Presidential Executive Action: Unilaterally Changing The World’S Critical Technology And Infrastructure, Steven Ferrey

Suffolk University Law School Faculty Works

Can the President, through executive action with no approval of Congress whatsoever, change the world? Declared President Obama: “If Congress won't act soon to protect future generations, I will.” What is considered the second most important invention in history—electricity—has had its legal regulation and technological foundation fundamentally changed by unilateral executive action in
the past two years. As a result of this unilateral executive action, critical technology and modern society are changing fundamentally.

This is not without legal challenge: Shortly after the Obama Administration announced its Clean Power Plan, House of Representatives Speaker John Boehner announced that he and others …


In Defense Of Ecosystem Services, J.B. Ruhl Jan 2016

In Defense Of Ecosystem Services, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The path of ecosystem services as a theme in environmental law and policy spans my practice (1982-1994) and academic (1994-present) careers. The importance of nature to human well-being seems so obvious one would think it has been front and center in environmental law and policy since the beginning, but, until recently, that has not been the case. Lately, however, the ecosystem services framework has catapulted this theme into prominence, if not dominance, in environmental discourse.


Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill Jan 2016

Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill

Faculty Articles

Environmental agencies determine the future state of our air, waters, and soil by reference to people’s recent-past practices. Agency exposure assessors inquire “to what are people exposed?”, and then set health-based standards accordingly. That is, they require environmental conditions sufficient to support only people’s contemporary pursuits. This Article observes that this approach suffers from several infirmities, such that exposure assessment as practiced fails to advance – and often undermines – the health-based goals of environmental and other laws. This Article examines the development of exposure assessment at EPA to uncover how agencies’ inquiry came to focus on contemporary behaviors, rather …


The Environmental Justice Implications Of Biofuels, Carmen Gonzalez Jan 2016

The Environmental Justice Implications Of Biofuels, Carmen Gonzalez

Faculty Articles

Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of environmental justice – including climate justice and food justice. The Article examines the impact of biofuels on the global food system and on the planet’s most food-insecure populations. It concludes that the laws and policies promoting the cultivation of biofuels have contributed to global malnourishment by raising food …


The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery Jan 2016

The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery

Seattle Journal of Environmental Law

Combatting environmental damage has become a primary goal of the international community. Unfortunately, international human rights law has not taken this aim seriously. Although the Inter-American regional human rights system, one of three regional human rights institutions, empathizes with protecting the environment, it enervates such goals by barring victims of air pollution and climate change from access to judicial remedies. Seeking to bridge the gap between human rights law and environmental protection, this article explains why clean air is a human right, develops the positive content for such a right, and evaluates the practical reasons that justify the right’s importance. …


Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger Jan 2016

Forgetting Nature: The Importance Of Including Environmental Flows In International Water Agreements, Amy Hardberger

Faculty Articles

From the moment States created political boundaries to define their territory, they have shared water. There are 263 transboundary lake and river basins worldwide and 300 known transboundary aquifer systems. Whenever sharing is present, the opportunity for conflict is too. Climate change and increasing population are only two factors that may lead to increasing conflict if attention is not given to these situations. Thankfully, sharing water also creates an opportunity for cooperation. Throughout the world, there are increasing examples of conflict and cooperation regarding shared water resources. International water agreements can promote regional peace and security and encourage economic growth. …


Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach Jan 2016

Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach

Touro Law Review

No abstract provided.


The Morality Of Market Mechanisms, Lucia A. Silecchia Jan 2016

The Morality Of Market Mechanisms, Lucia A. Silecchia

Scholarly Articles

In Pope Francis’ Encyclical on the environment, Laudato Si’, the leader of the Catholic church presents a moral argument for combating climate change and other environmental harm. As he has done throughout his papacy, the Pope highlights concerns about economic disparity, arguing that climate change disproportionally impacts developing nations and the world’s poor. Along with critiques of “consumerism” and the modern economic system, the Pope expressed deep skepticism about the motives and impacts of market mechanisms as emissions reduction tools. The Pope is not the first to challenge the ethics of market-based systems of environmental protection. Critics have argued that …


Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey Jan 2016

Subnational Discretion Mediating New Climate Regulatory Challenges, Steven Ferrey

San Diego Journal of Climate & Energy Law

Subnational units of government are critical actors in the U.S. federalist scheme of regulation. It was the original 13 colonies/states which were the core of the American experiment, and banded together as a nation for common defense and commerce after fighting for independence from the United Kingdom. The Constitution vested in the new federal government the treaty and war powers, as well as powers over interstate commerce.


Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz Jan 2016

Carbon Pricing Initiatives In Western North America: Blueprint For Global Climate Change Policy, Nancy Shurtz

San Diego Journal of Climate & Energy Law

In the absence of effective international and federal initiatives to combat the impacts of global climate change, many state, local and regional jurisdictions are passing or proposing measures to curb carbon dioxide (CO2) emissions. The province of British Columbia, Canada, as well as the cities of San Francisco, California and Boulder, Colorado have carbon taxes in place, and similar actions have been proposed in the Oregon and Washington state legislatures. The state of California and the province of Québec have linked together in a joint cap-and-trade system. This Article will examine the fundaments of carbon taxation, including identification of the …


Introductory Chapter To Elgar Encyclopedia Of Environmental Law: Decisionmaking In Environmental Law, Robert L. Glicksman, Lee C. Paddock Jan 2016

Introductory Chapter To Elgar Encyclopedia Of Environmental Law: Decisionmaking In Environmental Law, Robert L. Glicksman, Lee C. Paddock

GW Law Faculty Publications & Other Works

This introductory chapter provides an overview of the growth of environmental law and the decision making structures that governments have developed to adopt, administer, and enforce it. It traces the manner in which cooperative federalism and public participation have affected decision making structures in environmental law, primarily in the United States. It summarizes key challenges that policymakers continue to face in designing environmental laws, including choices on the allocation of authority among different levels of government, the appropriate mix of regulatory and non-regulatory tools to use in environmental protection initiatives, efforts to accommodate environmental protection and economic growth objectives, techniques …


From Patient Rights To Health Justice, Lindsay Wiley Jan 2016

From Patient Rights To Health Justice, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

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 in health. This Article …