Digital Commons Network^™

Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto

Faculty Articles

When conducting research with American Indian tribes, informed consent beyond conventional Institutional Review Board (IRB) review is needed because there may be potential for adverse consequences at a community or governmental level that are unrecognized by academic researchers. This paper reviews sovereignty, research ethics, and data-sharing considerations when doing community-based participatory health-related or natural resource-related research with American Indian nations and presents a model material and data-sharing agreement that meets tribal and university requirements. Only tribal nations themselves can identify potential adverse outcomes, and they can do this only if they understand the assumptions and methods of the proposed research. …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Faculty Articles

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Neoliberal Land Conservation And Social Justice, Jessica Owley

Journal Articles

No abstract provided.

The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate

Florida A & M University Law Review

No abstract provided.

The Second Annual Distinguished Lecture Florida A&M Environmental Law And Justice Symposium, November 3-4, 2011, Albert Mumma

Florida A & M University Law Review

No abstract provided.

Environmental Justice With Chinese Characteristics: Recent Developments In Using Environmental Public Interest Litigation To Strengthen Access To Environmental Justice, Jingjing Liu

Florida A & M University Law Review

China's unprecedented economic growth and rapid urbanization in the past three decades has exerted a heavy toll on the country's environment. Set against the backdrop of China's daunting environmental challenges, this article will first discuss how the environmental justice issue manifests itself on Chinese soil and how its evolvement differs from the American experience. This discussion will be followed by an analysis on how environmental public interest litigation, inspired by citizen suits in the U.S., has been fermenting in China and advocated by environmentalists as a new approach to broaden and strengthen access to environmental justice. The article will then …

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko

Florida A & M University Law Review

No abstract provided.

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Publications

Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

The Service-Learning Model In The Law School Curriculum, Laurie Morin, Susan Waysdorf

NYLS Law Review

No abstract provided.

Just Scratching The Surface: How Epa Denied Renewable Energy Developers The Liability Protection They Need To Repower America's Contaminated Land, Jonathan J. Nasca

Hofstra Law Review

No abstract provided.

Toxins Targeted At Minorities: The Racist Undertones Of Environmentally-Friendly Initiatives, Kathleen Bonner

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Food Fight: The Impending Agricultural Crisis And A Reasonable Response To Price Volatility, Aaron Sternick

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Law, Civil Rights And Sustainability: Three Frameworks For Environmental Justice, Eileen Gauna

Faculty Scholarship

This article focuses on the domestic context, where the issues have more concretely crystallized around viewing environmental justice issues from a civil rights framework, and also from a competing environmental law framework. The article will begin with a discussion of the limitations of each of these frameworks, and will then explore the current "disconnect" between these two models, ending with an exploration of how the principles of sustainability fit into the picture. As to the latter point, sustainability is a double-edged sword. It might be used to maintain the inequity of the status quo; and, particularly in light of climate …

Lawyers, Loyalty And Social Change, Deborah J. Cantrell

Publications

Fundamentally, cause lawyers engage in their work to make social change. Scholars of cause lawyering have generated a robust and rich literature considering important issues, such as what kinds of advocacy strategies best generate social change and what features of the relationship between cause client and cause lawyer are critical to an engaged and mutual relationship. But, the literature has neglected a key aspect of the cause lawyer and client relationship: whether the particular kind of loyalty that exists as between them hinders or helps in achieving social change. This Article fills that void. It first illuminates the particular features …

Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado

Faculty Articles

The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.

Lacking A Connection To A Community Water System: Water Quality And Human Health Impacts In El Paso Colonias, Yolanda Jane Mcdonald

Open Access Theses & Dissertations

Water-borne disease and its symptoms, such as stomach cramps and diarrhea, are a serious concern in areas that are not connected to a public water system. To investigate the impacts of not being connected to a community water system, I surveyed households in El Paso County colonias that were not connected to a community water system (household n = 75, individual n= 293) and households that were connected to a community water system (household n = 75, individual n= 320). I conducted 150 door-to-door surveys and tested water samples from each household for free residual chlorine level, turbidity level, presence …

Salmon People In An Era Of Depleting Salmon: The Swinomish Indian Tribal Community’S Climate Adaptation Action Plan As A Manifestation Of Tribal Sovereignty, Kelly Davis

Tribal Law Journal

Climate change presents novel challenges to indigenous peoples striving to maintain their place-based subsistence cultures. Climate change is altering physical environments, tribes are experiencing detrimental impacts, and adaptation is necessary to preserve indigenous lifestyles. The Swinomish Indian Tribal Community, a Coast Salish tribe in northwestern Washington State, has taken the initiative in tribal climate change adaptation efforts.

In 2010, the Swinomish Office of Planning and Community Development issued a thorough Climate Adaptation Action Plan, which delineates strategies the vulnerable coastal, salmon-dependent tribe must take. Resilient social systems, like American Indian tribes, are capable of anticipating and planning for the future. …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Finality In Brownfields Remediation And Reuse, Joel B. Eisen

Law Faculty Publications

The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …

Concrete Private Interest In Regulatory Enforcement: Tradable Environmental Resource Rights As A Basis For Standing, Danieli Evans

Articles

This Note proposes a novel solution to standing problems faced by environmental plaintifs seeking to enforce, or to compel agencies to enforce, environmental regulation. It argues that environmental plaintifs should be able to obtain standing to bring an Administrative Procedure Act (APA) review action or a citizen suit based on ownership of private tradable environmental resource rights, created by increasingly popular environmental privatization programs. These rights should operate as a basis for standing even for plaintifs who would otherwise be unable to meet standing requirements of individual injury, causation, and redressability. Relying on tradable rights to environmental resources as a …

Sustainability As A Means Of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, Donald A. Brown

Scholarly Works

This article explains why environmental justice provides much of the foundation for sustainable development, and shows how sustainability can improve our ability to achieve environmental justice. The article first explains a basic but often unrecognized truth about environmental policy: environmental pollution and degradation, sooner or later, harms humans. Both sustainable development and environmental justice respond to this problem, though in somewhat different ways. Sustainable development, however, suggests a broader set of tools to address this problem than are often employed for environmental justice. The article shows how four broad approaches — more and better sustainability options, law for sustainability, visionary …

Neoliberal Land Conservation And Social Justice, Jessica Owley

Articles

No abstract provided.

The Quiet Revolution And Federalism: Into The Future, Patricia E. Salkin

Scholarly Works

This Article offers an examination of the federal role in land use planning and regulation set in the context of varying theories of federalism by presenting a historical and modern overview of the increasing federal influence in local land use planning and regulation, specifically highlighting how federal statutes and programs impact local municipal decision making in the area of land use planning. Part II provides a brief introduction into theories of federalism and their application to local land use regulation in the United States. Part III provides a brief overview of federal legislation in the United States which affected local …

Recent Developments Under State Environmental Quality Review Act, Michael B. Gerrard

Faculty Scholarship

When a litigant brings a lawsuit under New York’s State Environmental Quality Review Act (SEQRA), the odds of success have never been high. However, the cases decided in 2011 exhibiteda stark exception to this general rule: Project applicants who were frustrated by governmental delays or obstacles won six of the seven cases they brought under SEQRA.

The volume of SEQRA litigation continues to decline. In 2011 the courts decided 35 cases under SEQRA, the lowest number since this column began its annual survey in 1990. The second lowest was 37 in 2010; the third lowest was 45 in 2009. (Previously …

Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall

BYU Law Review

No abstract provided.

The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford

Fordham Law Review

No abstract provided.

Introduction, Sheila R. Foster, Daniel Bonilla

Fordham Law Review

No abstract provided.

Toward A Constructive Engagement: Agricultural Biotechnology As A Public Health Incentive In Less-Developed Countries, Chidi Oguamanam

Journal of Food Law & Policy

Discourses on global public health crises, especially as they impact the less-developed world, focus mostly on the issue of access to life-saving drugs for needy populations. Also, they implicate the misalignment of global pharmaceutical research and development (R&D) agenda with the health needs of the poor. Equally attracting significant attention is the role of intellectual property in driving up the cost of drugs and exacerbating the drug access freeze to needy populations. More often, the conceptual strings of these discussions are woven around a complex interaction of themes, including those of globalization, the development narrative, and strategic changes in international …

Mountains Of Injustice : Social And Environmental Justice In Appalachia, Michele Morrone, Geoffrey L. Buckley

Ohio University Press Open Access Books

Research in environmental justice reveals that low-income and minority neighborhoods in our nation’s cities are often the preferred sites for landfills, power plants, and polluting factories. Those who live in these sacrifice zones are forced to shoulder the burden of harmful environmental effects so that others can prosper. Mountains of Injustice broadens the discussion from the city to the country by focusing on the legacy of disproportionate environmental health impacts on communities in the Appalachian region, where the costs of cheap energy and cheap goods are actually quite high.

Through compelling stories and interviews with people who are fighting for …

Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux

University of Richmond Law Review

No abstract provided.