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Brown V. Board In The World: How The Global Turn Matters For School Reform, Human Rights, And Legal Knowledlge, Martha Minow Mar 2013

Brown V. Board In The World: How The Global Turn Matters For School Reform, Human Rights, And Legal Knowledlge, Martha Minow

San Diego Law Review

Global perspectives can contribute to our understandings of any one nation’s laws and decisions. In this light, America’s educational landmark, Brown v. Board of Education, matters not just for the United States but around the world. Inside the United States, a cottage industry of academic scholars studies the influence of Brown where the decision’s impact reaches well beyond racial desegregation of schools. The litigation has by now a well-known and complicated relationship to actual racial integration within American schools, as the case perhaps exacerbated tensions and slowed otherwise gradual reform, and perhaps at the same time galvanized the social movement …


Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky Feb 2013

Multidimensional Governance And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky

Florida Law Review

This Article explores the governance challenges posed by the BP Deepwater Horizon oil spill and proposes strategies for developing more inclusive, responsive institutions to help meet them. It begins by analyzing the incident through five core dimensions—vertical, horizontal, direction of hierarchy, cooperativeness, and public- private—to demonstrate the multilevel, multiactor interactions taking place in offshore drilling and oil spill regulation. It then explains the ways in which the complex interactions in these dimensions translate into four core governance challenges: scientific and legal uncertainty, simultaneous overlap and fragmentation, the difficulties of balancing efficiency and inclusion, and inequality and resulting injustice. The Article …


The Santa Clara, 2013-02-07, Santa Clara University Feb 2013

The Santa Clara, 2013-02-07, Santa Clara University

The Santa Clara

No abstract provided.


Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman Feb 2013

Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …


Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman Feb 2013

Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman

Duke Law Journal

The climate-policy debate has only recently turned its full attention to adaptation—how to address the impacts of the climate change that we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: How will the legal system as a whole organize around climate change adaptation? Will a new, distinct field of climate adaptation law and policy emerge, or will legal institutions simply work away at the problem through unrelated, …


Mobilization After Repression: Reconsidering The Role Of Testimonies And Exiles In Post-War El Salvador, Angela Elena Fillingim Jan 2013

Mobilization After Repression: Reconsidering The Role Of Testimonies And Exiles In Post-War El Salvador, Angela Elena Fillingim

Societies Without Borders

During the civil war in El Salvador, the Salvadoran military engaged in the systematic disappearance of youth and facilitated their adoptions. Presently Found, a Salvadoran human rights NGO, works to reunite these youth with their surviving biological families. However, a key difference between Found and other similar organizations, is that the former was established in the post-war context. Through a case study of Found, and placed in comparative light with a similar phenomenon in Argentina, I will show that traditional mobilization strategies face new obstacles in a post-war context. Specifically, while Found engaged in many of the same movement tactics …


Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze Jan 2013

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).


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

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

College of Law Faculty Scholarship

This essay describes a particular “day in the life” of the author in Rio de Janeiro and explores how it could be perceived as a series of experiential metonyms for a number of concepts related to the authority and influence of law in Brazilian society.


Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky Jan 2013

Dynamic Energy Federalism, Hannah J. Wiseman, Hari M. Osofsky

Scholarly Publications

United States energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges—such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy—we need …


Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Jan 2013

Getches Wilkinson Center Newsletter, Winter/Spring 2013, 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.


Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith Jan 2013

Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith

Faculty Articles and Other Publications

David R. Boyd’s book entitled, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, provides a comprehensive overview of nations that have incorporated the right to a healthy environment in their constitutions. Throughout his research, Boyd analyzes the effectiveness of environmental protection provisions in national constitutions and seeks to determine whether constitutional provisions guaranteeing the right to a healthy environment have measurable, positive effects on the environment. His wide-ranging compilation and analysis of environmental rights provisions in numerous countries is an important contribution to international human rights literature. Although Boyd explains that treating the right …


Rethinking Civil Rights And Gender Violence, Julie Goldscheid Jan 2013

Rethinking Civil Rights And Gender Violence, Julie Goldscheid

Publications and Research

No abstract provided.


The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg Jan 2013

The Challenges Of Adapting To Climate Change In San Francisco Bay, Tim Eichenberg

UC Law Environmental Journal

No abstract provided.


Intervening At The Right Point In The Causal Pathways: Law, Policy, And The Devastating Impact Of Pain Across The Globe, Daniel S. Goldberg Jan 2013

Intervening At The Right Point In The Causal Pathways: Law, Policy, And The Devastating Impact Of Pain Across The Globe, Daniel S. Goldberg

Annals of Health Law and Life Sciences

No abstract provided.


Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii Jan 2013

Third Annual Environmental Law And Justice Symposium Issue: Introduction, Randall S. Abate, Richard D. Schulterbrandt Gragg Iii

Florida A & M University Law Review

No abstract provided.


Research Week 2013, Linda Gardiner Jan 2013

Research Week 2013, Linda Gardiner

Office of Research Institutional Research and Scholarship

No abstract provided.


A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare Jan 2013

A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare

Buffalo Environmental Law Journal

In this paper I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modi ing the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national securit), and other significant concerns will still receive the attention and thorough evaluation …


Could You Repeat That Please? Forty-Five Years Of Pesticide Experiments On People, Barbara Leiterman Jan 2013

Could You Repeat That Please? Forty-Five Years Of Pesticide Experiments On People, Barbara Leiterman

UC Law Environmental Journal

No abstract provided.


Center News And Faculty Updates, Human Rights Brief Jan 2013

Center News And Faculty Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


A Decent Proposal: How Animal Welfare Organizations Have Utilized Shareholder Proposals To Achieve Greater Protection For Animals,47 J. Marshall L. Rev. 795 (2013), Summer Hallaj Jan 2013

A Decent Proposal: How Animal Welfare Organizations Have Utilized Shareholder Proposals To Achieve Greater Protection For Animals,47 J. Marshall L. Rev. 795 (2013), Summer Hallaj

UIC Law Review

No abstract provided.


Regulatory Capacity And State Environmental Leadership: California's Climate Policy, Ann E. Carlson Jan 2013

Regulatory Capacity And State Environmental Leadership: California's Climate Policy, Ann E. Carlson

Fordham Environmental Law Review

No abstract provided.


Learning To Think About Complex Environmental Systems In Environmental And Natural Resource Law And Legal Scholarship: A Twenty-Year Retrospective Jan 2013

Learning To Think About Complex Environmental Systems In Environmental And Natural Resource Law And Legal Scholarship: A Twenty-Year Retrospective

Fordham Environmental Law Review

No abstract provided.


Sensibilities For Social Justice Lawyers, Ascanio Piomelli Jan 2013

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

UC Law Journal of Race and Economic Justice

This essay describes six sensibilities that are crucial for 21st Century social justice lawyers. It urges social justice lawyers to know thoroughly the literature on lawyering and social change movements, to be clear about their fundamental aims, to connect their efforts with others, to observe from multiple perspectives, to combat cultural encapsulation, and to put in the time necessary to ensure the survival, advancement, and flourishing of clients and communities.


The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives, Wayne C. Wood Jan 2013

The Cost Of Progress: Enduring The Tax Deductibility Of International Corporate Social Responsibility Initiatives, Wayne C. Wood

Global Business Law Review

Until the end of the twentieth century, the predominant view in America was that a corporation’s sole duty was to supply wealth to its shareholders. The idea that a corporation owes a broader duty to all of its stakeholders has gained ground based largely on the emerging international recognition of human rights norms. Increasingly American MNCs have opted to voluntarily create and implement CSR policies for moral, economic, and political reasons. While charitable donations made to exempt organizations are expressly deductible under section 170 of the Internal Revenue Code, the same might not be true for a given CSR expenditure. …


Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon Jan 2013

Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester …


Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization, Michael Burger Jan 2013

Recovering From The Recovery Narrative: On Glocalism, Green Jobs And Cyborg Civilization, Michael Burger

Sabin Center for Climate Change Law

In this Essay, I make a preliminary foray into new narrative terrain, identifying several emerging legal storylines that have arisen in the wake of climate change disruptions and that I predict will prove influential in the coming years. In Part I, I discuss the ways in which new perceptions of scale are re-defining human beings' attachments to a sense of "place" or "dwelling" and are shaping new attitudes about what constitutes the local, posing potential problems for existing federalism schemes. In Part II, I discuss the ways in which America's long history of nationalizing nature manifests in the discourse surrounding …


Corporate Energy Responsibility: International And Domestic Perspectives On Supply And Demand In The New Millenium, Steven Ferrey Jan 2013

Corporate Energy Responsibility: International And Domestic Perspectives On Supply And Demand In The New Millenium, Steven Ferrey

Fordham Environmental Law Review

No abstract provided.


Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson, Shiela R. Foster Jan 2013

Stasis And Change In Environmental Law: The Past, Present And Future Of The Fordham Environmental Law Review, Gerald S. Dickinson, Shiela R. Foster

Fordham Environmental Law Review

No abstract provided.


Environmental Justice And Environmental Law, Alice Kaswan Jan 2013

Environmental Justice And Environmental Law, Alice Kaswan

Fordham Environmental Law Review

No abstract provided.


Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Jan 2013

Winter 2013 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.