Digital Commons Network^™

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez

Faculty Articles

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …

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

GW Law Faculty Publications & Other Works

Enforcement has long been a central component of the Environmental Protection Agency’s (EPA) administration of the nation’s environmental laws. EPA’s latest Strategic Plan identifies as one of the Agency’s five strategic goals protecting human health and the environment by enforcing laws and assuring compliance. Yet, outside observers and the Agency itself have identified a series of longstanding as well as emerging challenges to effective enforcement.

EPA has responded to these criticisms and challenges by embarking on what it terms a “transformative” enforcement initiative, which it calls Next Generation Compliance (“Next Gen”). Cynthia Giles, Assistant Administrator for OECA, has emphasized that …

The Impacts Of Health Status And Exposure To Environmental Toxins On Children's Grade Point Average In El Paso, Texas, Stephanie Elizabeth Clark

Open Access Theses & Dissertations

Studies in the US have found that both exposure to environmental toxins and children's general health status negatively impact children's academic achievement. This Thesis will be made of up two papers. The first examines the impact of exposure to residential air toxins from a variety of sources on student's academic achievement and the second paper incorporates a measure of children's general health status into the statistical model from the first paper. This Thesis employs National Air Toxics Assessment (NATA) risk estimates from a variety of sources and individual-level data collected through a mail survey of fourth and fifth grade school …

Latina/O High School Students' Standpoint On Environmental Justice In A Border Community: A Phenomenological Study, Cynthia Christina Ontiveros

Open Access Theses & Dissertations

This qualitative research is a transcendental phenomenology seeking to understand Latin@ high school students’ perceptions and standpoints as they participated lessons that addressed border environmental justice issues in an underrepresented, marginalized community. Seven students from Borderland High School, enrolled in a senior level course, Environmental Science, participated in the study which focused on their experiences in an environmental justice air quality thematic unit built around the complex issues surrounding a local refinery, American Smelting and Refining Company (ASARCO). The study analyzed the meaning students made and their standpoints regarding the impact of the factory and its one-hundred year history polluting …

Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump

American University Journal of Gender, Social Policy & the Law

The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …

U.S. Tax Imperialism In Puerto Rico, Diane Lourdes Dick

American University Law Review

No abstract provided.

The Clean Power Plan: Issues To Watch, Robert L. Glicksman, Emily Hammond, Alice Kaswan, William Buzbzee, Kirsten H. Engel, David M. Driesen, Victor Byers Flatt, Alexandra B. Klass, Thomas Owen Mcgarity, Melissa Powers, Joseph P. Tomain

GW Law Faculty Publications & Other Works

Although the Clean Air Act is an imperfect tool for addressing the nation’s greenhouse gas emissions, it is the only available federal mechanism for directly addressing power plant carbon emissions. The Obama Administration’s Clean Power Plan, published in final form in August 2015, tackles the challenge. This paper from the Center for Progressive Reform (CPR) compiles 13 separately authored essays from 11 CPR Member Scholars, each addressing a different topic related to the Clean Power Plan, and each representing the expertise and views of its individual author(s). Published in July 2015, just before the release of the final rule, the …

Beyond Known Worlds: Climate Change Governance By Arbitral Tribunals?, Valentina Vadi

Vanderbilt Journal of Transnational Law

Can economic development and the fight against climate change be integrated successfully? What role, if any, does international investment law play in global climate governance? Can foreign direct investments (FDI) be tools in the struggle against climate change? What types of claims have foreign investors brought with regard to climate change--related regulatory measures before investment treaty arbitral tribunals? This Article examines the specific question as to whether foreign direct investments can mitigate and/or aggravate climate change. The interplay between climate change and foreign direct investments is largely underexplored and in need of systematization. To map this nexus, this Article proceeds …

Legal Tools For Climate Adaptation Advocacy: Flood Insurance, Matt Sienkiewicz

Sabin Center for Climate Change Law

This paper explores the impact that climate change will have on flooding and provides details on the operation and functions of the National Flood Insurance Program (NFIP). The paper then discuss the ways the current regime discourages adaptation to climate change, and offers suggestions for how readers can promote climate change adaptation by advocating for changes to the NFIP.

Multidimensional Advocacy As Applied: Marriage Equality And Reproductive Rights, Suzanne B. Goldberg

Faculty Scholarship

Talking about marriage equality and reproductive rights advocacy together presents an interesting, and sometimes puzzling, assortment of challenges and opportunities. Both involve efforts to secure legal protections and social recognition that are fundamentally important to those who need them yet also deeply provocative to their opponents. For both, too, advocacy takes place on a shifting terrain shaped by competing views of sexuality, autonomy, equality, personhood, and more.

Yet the two advocacy efforts have experienced very different receptions over time. Just over two decades ago, the Supreme Court expressly affirmed that women have a constitutional right to seek an abortion and …

Resistance Songs: Mobilizing The Law And Politics Of Community, Anthony V. Alfieri

Articles

No abstract provided.

County Demographic Influence On Toxic Chemical Activities Of Chemical-Related Industry In Michigan, Lisa Helen Perricane

Walden Dissertations and Doctoral Studies

There are a large number of chemical facilities that emit toxic chemicals in Michigan, and there is a concern regarding toxic chemical exposure to the residents of Michigan counties. However, it is uncertain whether chemical companies that emit toxic chemicals in Michigan are influenced by county demographic factors in deciding whether to engage in voluntary pollution prevention (P2) activities and whether this decision influences U.S. Environmental Protection Agency's (U.S. EPA) Risk-Screening Environmental Indicators (RSEI) scores. Using Bullard's theory of environmental justice, the purpose of this quantitative study was to determine if there was a correlation between chemical-related industry's voluntary P2 …

The Long Crisis: Economic Inequality In New York City, Fahd Ahmed, Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, Robin Steinberg, Stephen Loffredo

City University of New York Law Review

City University of New York Law Review hosted this public panel discussion on November 12, 2014 at CUNY School of Law. CUNY Law Review would like to thank the co-sponsors of this event: Law Students for Reproductive Justice (LSRJ); Latin American Law Students Association (LALSA); Labor Coalition for Workers’ Rights and Economic Justice; National Lawyers Guild CUNY Law Chapter (NLG); Iraqi Refugee Assistance Project (IRAP); Student for Justice in Palestine (SJP) and CUNY Law Association of Students for Housing (CLASH).

Heal Utah, Et. Al., Plaintiffs/Appellants, V. Kane County Water Conservancy District, Et. Al. Defendant/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a judgment of the Seventh District Court sitting without a jury Judge George M. Hatmond, Jr.

The Case For An International Court Of Civil Justice, Maya Steinitz

Faculty Scholarship

We live in a world in which the victims of cross-border mass torts de facto (not de jure) have no court to turn to in order to pursue legal action against American multinational corporations when they are responsible for disasters. 1 The only way to provide a fair and legitimate process for both victims and corporations is to create an International Court of Civil Justice (ICCJ). This Essay seeks to start a conversation about this novel institutional solution. It lays out both a justice case, from the plaintiffs' viewpoint, and an efficiency case, from a corporate defendant's viewpoint, for why …

Stein Center News - December 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …

Symbolic Politics For Disempowered Communities: State Environmental Justice Policies, Tonya Lewis, Jessica Owley

Brigham Young University Journal of Public Law

No abstract provided.

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Frontmatter

Brigham Young University Journal of Public Law

No abstract provided.

Making Cost-Benefit A Political Tool, Roger Meiners, Rafal Czajkowski

LSU Journal of Energy Law and Resources

No abstract provided.

Fearless Friday: Gettysburg Anti-Capitalist Collective, Christina L. Bassler

SURGE

The Gettysburg Anti-Capitalist Collective, also known as GACC, is a recent yet active addition to the campus community. Through their participation in debates, weekly meetings, and organization of events (most notably Wednesday night’s concert featuring political activists Evan Greer and Anne Feeney), GACC provides a forum for discussing and learning about leftist politics. On a campus that many would describe as highly conservative, GACC and its members are nothing short of fearless. [excerpt]

Volume 38, Issue 2 (Fall 2014)

Transcript

No abstract provided.

Amicus (Fall 2014), University Of Colorado Law School

Amicus

Issue at a glance:

• Describes the importance of public service in legal education
• Highlights faculty in government and alumni in public service
• Introduces four new faculty members
• Depicts clinical successes and the student public service pledge
• Celebrates national moot court champions
• Recognizes giving society members
• Provides updates on Colorado Law alumni

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Health Law As Social Justice, Lindsay F. Wiley

Cornell Journal of Law and Public Policy

No abstract provided.

Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

The Cost Of Nothing Trumps The Value Of Everything: The Failure Of Regulatory Economics To Keep Pace With Improvements In Quantitative Risk Analysis, Adam M. Finkel

Michigan Journal of Environmental & Administrative Law

The entire U.S. federal regulatory apparatus, especially that part devoted to reducing (or deciding not to reduce) risks to the environment, health, and safety (EHS), relies increasingly on judgments of whether each regulation would yield benefits in excess of its costs. These judgments depend in turn upon empirical analysis of the potential increases in longevity, quality of life, and environmental quality that the regulation can confer, and also of the economic resources needed to “purchase” those benefits—analyses whose quality can range from extremely fine to disappointingly poor. The quality of a risk analysis (from which the benefits of control are …

Fairness In Law And Economics: Introduction, Lee Anne Fennell, Richard H. Mcadams

Public Law and Legal Theory Working Papers

No abstract provided.

The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander

Duke Environmental Law & Policy Forum

No abstract provided.