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Takings And Transmission, Alexandra B. Klass May 2013

Takings And Transmission, Alexandra B. Klass

North Carolina Law Review

No abstract provided.


Access To Justice: An Agenda For Legal Education And Research, Deborah L. Rhode May 2013

Access To Justice: An Agenda For Legal Education And Research, Deborah L. Rhode

Journal of Legal Education

No abstract provided.


Berkeley Law's Student-Initiated Legal Services Projects, David Oppenheimer, Susan Schechter, Shalini Swaroop, Trish Keady May 2013

Berkeley Law's Student-Initiated Legal Services Projects, David Oppenheimer, Susan Schechter, Shalini Swaroop, Trish Keady

Journal of Legal Education

No abstract provided.


Fishable Waters, Catherine A. O'Neill May 2013

Fishable Waters, Catherine A. O'Neill

American Indian Law Journal

No abstract provided.


The Parthenon Sculptures And Cultural Justice, Derek Fincham Apr 2013

The Parthenon Sculptures And Cultural Justice, Derek Fincham

Fordham Intellectual Property, Media and Entertainment Law Journal

From government and philosophy to art drama and culture, the ancient Athenians, as most everyone knows, gave future generations so much. Yet the pinnacle of their artistic achievement, the Parthenon, remains a damaged and incomplete work of art. 2012 marks the two-hundredth anniversary of the last removal of works of art from the Parthenon. That taking was ordered by an English diplomat known to history as Lord Elgin, and it reminds us that cultures create lasting monuments. But not equally. Cultures which remove the artistic achievements of other nations have increasingly been confronted with uncomfortable questions about how these objects …


The Top 10 Trends In International Environmental Law, Tseming Yang Apr 2013

The Top 10 Trends In International Environmental Law, Tseming Yang

Faculty Publications

This chapter reviews the top trends in international environmental law, including climate change, globalization of environmental law, sustainable development, the rise of the developing world, environmental institutions and governance, human rights and the environment, the environment and international economic law, biodiversity, chemicals and hazardous substances management, and the oceans and fisheries.


Legal Summaries, Jeremy Black Apr 2013

Legal Summaries, Jeremy Black

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath De Silva, Carole Excell Apr 2013

Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath De Silva, Carole Excell

Sustainable Development Law & Policy

No abstract provided.


The Growth Of Environmental Justice And Environmental Protection In International Law: In The Context Of Regulation Of The Arctic’S Offshore Oil Industry, E.A. Barry-Pheby Apr 2013

The Growth Of Environmental Justice And Environmental Protection In International Law: In The Context Of Regulation Of The Arctic’S Offshore Oil Industry, E.A. Barry-Pheby

Sustainable Development Law & Policy

No abstract provided.


Seven Principles For Equitable Adaptation, Alice Kaswan Apr 2013

Seven Principles For Equitable Adaptation, Alice Kaswan

Sustainable Development Law & Policy

No abstract provided.


Free, Prior, And Informed Consent: Implications For Transnational Enterprises, Tendai Zvobgo Apr 2013

Free, Prior, And Informed Consent: Implications For Transnational Enterprises, Tendai Zvobgo

Sustainable Development Law & Policy

No abstract provided.


A Legal Standard For Post-Colonial Land Reform, Amelia Chizwala Peterson Apr 2013

A Legal Standard For Post-Colonial Land Reform, Amelia Chizwala Peterson

Sustainable Development Law & Policy

No abstract provided.


On Fertile Ground: The Environmental And Reproductive Justice Movements As A Unified Force Fo R Refo Rming Toxic Chemical Regulation, Angie Mccarthy Apr 2013

On Fertile Ground: The Environmental And Reproductive Justice Movements As A Unified Force Fo R Refo Rming Toxic Chemical Regulation, Angie Mccarthy

Sustainable Development Law & Policy

No abstract provided.


On Diversity And Public Policymaking: An Environmental Justice Perspective, Patrice Lumumba Simms Apr 2013

On Diversity And Public Policymaking: An Environmental Justice Perspective, Patrice Lumumba Simms

Sustainable Development Law & Policy

No abstract provided.


Legal Tools For Environmental Equity Vs.Environmental Justice, Mike Ewall Apr 2013

Legal Tools For Environmental Equity Vs.Environmental Justice, Mike Ewall

Sustainable Development Law & Policy

No abstract provided.


Editors' Note, Mark Borak, Bethany Peak Apr 2013

Editors' Note, Mark Borak, Bethany Peak

Sustainable Development Law & Policy

No abstract provided.


A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove Apr 2013

A Proposal For Addressing Violations Of Indigenous Peoples' Environmental And Human-Rights In The Inter-American Human Rights System, Natalia Gove

Student Works

International concerns in the areas of human rights, health, and environment have expanded considerably in the past several decades. International environmental law primarily focuses on environmental damage, rather than its impact on human beings. The focus of environmental treaties is primarily on constraining environmentally deleterious behavior, rather than preventing injuries to people. Part I of this paper will discuss the significance of environmental protection for indigenous peoples. Part II will analyze the linkage between environmental and human rights, as well as the lack of a direct enforcement mechanism for redressing violations of environmental rights. It will also describe the existing …


Table Of Contents Apr 2013

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.


What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard Apr 2013

What Does Environmental Justice Mean In An Era Of Global Climate Change?, Michael B. Gerrard

Journal of Environmental and Sustainability Law

No abstract provided.


Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii Apr 2013

Social Change Requires Civic Infrastructure, Harold A. Mcdougall Iii

School of Law Faculty Publications

Article explores how civil society might become sufficiently organized to hold business accountable beyond consumer choice, and government beyond merely voting.


A Series Of Unfortunate Events In Rio, Or, What I Did On My Summer Vacation, Becky L. Jacobs Apr 2013

A Series Of Unfortunate Events In Rio, Or, What I Did On My Summer Vacation, Becky L. Jacobs

University of Miami Inter-American Law Review

No abstract provided.


Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky Apr 2013

Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky

West Virginia Law Review

No abstract provided.


Rethinking Sustainability To Meet The Climate Change Challenge, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, Alexandra R. Harrington, David M. Driesen, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jona M. Roesler Apr 2013

Rethinking Sustainability To Meet The Climate Change Challenge, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, Alexandra R. Harrington, David M. Driesen, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jona M. Roesler

Journal Articles

This article presents a preliminary effort to capture the dialogue at the Environmental Law Collaborative’s inaugural Workshop. Attendees engaged in the re-conceptualization of sustainability in the age of climate change, premised on evidence that climate change is forcing changes in the norms of political, social, economic, and technological standards. As climate change continues to dominate many fields of research, sustainability is at a critical moment that challenges its conceptual coherence. Sustainability has never been free from disputes over its meaning and has long struggled with the difficulties of simultaneously implementing the “triple-bottom line” components of environmental, economic, and social well-being. …


The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis Apr 2013

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …


Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman Apr 2013

Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.


Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn Apr 2013

Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn

Virginia Coastal Policy Center

No abstract provided.


Rethinking Sustainability To Meet The Climate Change Challenge, Jessica Owley, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, David M. Driesen, Alexandra R. Harrington, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jonathan Rosenbloom Apr 2013

Rethinking Sustainability To Meet The Climate Change Challenge, Jessica Owley, Michael Burger, Elizabeth Burleson, Rebecca M. Bratspies, Robin Kundis Craig, David M. Driesen, Alexandra R. Harrington, Keith H. Hirokawa, Sarah Krakoff, Katrina Fischer Kuh, Stephen R. Miller, Patrick Parenteau, Melissa Powers, Shannon M. Roesler, Jonathan Rosenbloom

Articles

A group of environmental law professors formed the Environmental Law Collaborative with the goal of engaging environmental law scholars in the thorny issues of the day. The members of the Collaborative gathered in the summer of 2012 to produce an intensive and collective assessment of sustainability in the age of climate change. Their writings examine the process of adapting the principles and application of sustainability to the demands of climate change, including framing the term sustainability in climate change discussions; coordinating sustainable practices across disciplines such as law, economics, ethics, and the hard sciences; and conceptualizing the role of sustainability …


Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg Apr 2013

Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg

Dalhousie Law Journal

For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …


The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian Mar 2013

The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian

Environmental and Animal Law

The Center for International Law & Justice and the Environment, Development & Justice Project Present the Third Annual Spring Environmental Justice Lecture featuring Professor David Deganian.


Mapping The Freedom To Learn: Making The Case For Student Academic Freedom In Canada, Angela Sylvia Regnier Mar 2013

Mapping The Freedom To Learn: Making The Case For Student Academic Freedom In Canada, Angela Sylvia Regnier

LLM Theses

Academic freedom has been defined as having two components: the freedom to teach and the freedom to learn. However, whether there is truly a freedom to learn and how it intersects with general liberties is unresolved. Incorporating a critical pedagogical approach, this thesis explores whether Canadian post-secondary students have any such role-related rights. In aiming to map the conditions that might safeguard such a freedom to learn, certain civil liberties are examined - namely associational and expressive freedoms. A critique of contemporary jurisprudence and relevant legislation is situated within an historical and comparative context of academic freedom and students in …