Digital Commons Network^™

The One Percent Problem, Kevin M. Stack, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Parties frequently seek exemption from regulation on the ground that they contribute only a very small share to a problem. These one percent arguments are not inherently questionable; it can be efficient to exclude relatively small contributors. These arguments for exemption garner broad acceptance in part because they appeal to behavioral biases that induce individuals to discount or ignore small values. But when a regulatory problem can be solved only by regulating small contributors, accepting one percent arguments creates what we call the one percent problem. This Article shows that this general problem for regulation has particularly damaging effects on …

Vol. 41, No. 09 (October 31, 2011)

Indiana Law Annotated

No abstract provided.

The Cross Examiner, Seton Hall University School Of Law

Newspapers

No abstract provided.

Introduction: Politicizing The Everyday, Nicholas Espíritu

University of Miami Inter-American Law Review

No abstract provided.

Providing Environmental Whistleblowers With Twenty-First Century Protections, Richard Condit

Labor & Employment Law Forum

This article examines the strengths and weaknesses of the employee protection provisions contained in the major federal environmental statutes and makes recommendations for needed improvements. With these improvements, the United States can realize the benefits that well-protected employees can contribute to public health and environmental protection.

Sharing The Green: Reformatting Wisconsin's Forgotten Green Space Grant With A Public-Private Partnership Design, Scott W. Brunner

Marquette Law Review

Despite the vast amount of legal research available on brownfields redevelopment generally, little has been done on the value of brownfieldto- greenspace conversions. Brownfield-to-greenspace conversions that incorporate public–private partnership elements may trigger private investment in brownfields when the market alone fails to induce development of contaminated lands. Brownfield-to-greenspace partnerships are a flexible way to redevelop brownfields and maintain complete stakeholder involvement in the cleanup and ownership process. Currently, an unfunded Wisconsin program is set up to provide grants to municipalities for brownfield-to-greenspace conversions. Wisconsin municipalities have used this grant successfully in the past to improve local economic prospects simply by …

Wai Through Kānāwai: Water For Hawi‘I’S Streams And Justice For Hawaiian Communities, D. Kapua‘Ala Sproat

Marquette Law Review

None

Protective Tool Or Legal Loophole - Examining The Legal Status Of Environmental Covenants In South Carolina, Kathryn M. Buckner

Southeastern Environmental Law Journal

No abstract provided.

The Global Politics Of Food: A Critical Overview, Nancy Ehrenreich, Beth Lyon

University of Miami Inter-American Law Review

No abstract provided.

Introduction: The Global Politics Of Food, Carmen G. González

University of Miami Inter-American Law Review

No abstract provided.

Food, Globalism And Theory: Marxian And Institutionalist Insights Into The Global Food System, Charles R.P. Pouncy

University of Miami Inter-American Law Review

No abstract provided.

Food Justice As Interracial Justice: Urban Farmers, Community Organizations And The Role Of Government In Oakland, California, Christopher J. Curran, Marc-Tizoc González

University of Miami Inter-American Law Review

No abstract provided.

Vol. 62, No. 2, September 28, 2011, University Of Michigan Law School

Res Gestae

•Gabbing with Dean Z: 1Ls & Beyond •Res Gestae Mailbag •Dean Caminker’s Speech Celebrating the Opening of Aikens Commons •OCI SOCSS: The Job Search Survey •SOCSS: Pretty Graphs •Fall-ing All Over Yourself: Oktober Beers •Winter 2011 Grade Curves! •Law Library Pick-Up Lines •A2SO: The New Kids on the Bach? •Crossword

The Wilderness Myth: How The Failure Of The American National Park Model Threatens The Survival Of The Iyaelima Tribe And The Bonobo Chimpanzee, Mark Hopson

Environmental and Earth Law Journal (EELJ)

The Wilderness Myth

Abstract by Mark Hopson

Contrary to popular opinion, and the vast majority of legal scholarship on the subject, the traditional American model for a national park is scientifically and logically unsound. Further, this model has been adopted at a terrible social cost to the indigenous tribes who lived on the land that became national parks. Every government that has chosen to implement the American national park model has done so at the expense of indigenous people.

This article chronicles the creation of the world’s first national parks, Yosemite and Yellowstone, and the legal battles involved. The article …

Brownfields And The Poor: Is Cleanup A Hazardous Waste Of Time? An Analysis Of The United States' Efforts At Remediation And Their Applicability To Brazil, Krista Yacovone

Fordham International Law Journal

No abstract provided.

Anti-Sprawl Initiatives: How Complete Is The Convergence Of Environmental, Desegregationist And Fair Housing Interests?, Zoë Prebble

Buffalo Public Interest Law Journal

No abstract provided.

Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler

West Virginia Law Review

No abstract provided.

The Right Side Of The Coin: Focus On The Human Rights Of People, Not The Failure Of States, Brooke Ackerly

Human Rights & Human Welfare

US policy toward failed states should focus on strengthening civil society and social movements so that people are better able to hold their leaders accountable.

The language of “failed states” disassociates foreign policy from international dialogue about human rights. Instead, “failed states” is a contemporary sound bite that connotes a lack of sovereignty, suggesting that intervention would not violate national sovereignty because in a failed state, there is none. Of course, we could have a similar cynicism about the use of human rights concerns to justify invasion. Certainly, states have tried to choose when to reference international human rights norms …

Looking Backward From The Year 2099: Ecozoic Reflections On The Future, Samuel Alexander

Environmental and Earth Law Journal (EELJ)

Looking Backward from the Year 2099: Ecozoic Reflections on the Future

Abstract by Samuel Alexander

Story, myth, and narrative played a central role in Thomas Berry’s writings. He told new stories about the Universe and our place in it, stories not only about where we have been and where we seem to be going, but also stories about where we could go, if only we exercised our freedom in different ways. Inspired by Berry, in this paper I have dared to experiment with story, by attempting to look back on the 21st century from the vantage point of the year …

Evolving From Dominion To Communion: How Legal Rights For Nature Can Exist In Balance With Individual Property Rights In A Global Commons, Dan Leftwich

Environmental and Earth Law Journal (EELJ)

Abstract coming soon.

Continuing The Great Work: A Tribute To Thomas Berry, Patrick E. Tolan Jr.

Environmental and Earth Law Journal (EELJ)

Continuing the Great Work: A Tribute to Thomas Berry

by Patrick Tolan

Profound scholar and author, Father Thomas Berry, recognized and related human destiny to the destiny of the universe. In his book, The Great Work: Our Way into the Future, and in his teaching, Berry challenged humanity to enter into a new era in harmony with the universe. This article is a tribute to Thomas Berry, recognizing the importance of his contribution to a new and emerging field of Earth Jurisprudence and launching an Earth Jurisprudence and Environmental Justice Journal that will afford thinkers and scholars the opportunity to …

A Breath Of Fresh Air: Methods And Obstacles For Achieving Air Pollution Reduction In Washington Factory Farm Communities, Linda M. Thompson

Washington Journal of Environmental Law & Policy

“Animal feeding operations (AFOs),” or, if large enough, “concentrated animal feeding operations (CAFOs),” have become increasingly concentrated in ownership, location, and quantity of animals since the 1950s. The Yakima Valley of central Washington is one area that has been subject to an influx of these industrial farms, raising health and environmental concerns for residents. Despite scientific evidence of potential harm, citizens have had difficulty enforcing air emissions regulation. The problem is twofold: the EPA is still working with the industry to develop a methodology for emission monitoring––the effectiveness of which remains unclear––and, assuming monitoring methods existed, the statutory framework provides …

The Future Of Public Interest Law, Scott L. Cummings

University of Arkansas at Little Rock Law Review

No abstract provided.

Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.

Race Audits, R. A. Lenhardt

UC Law Journal

The persistence of the problems that attend the American color line makes clear the need for greater experimentation and innovation in the area of race. For years now, we have looked primarily to courts for solutions. But current jurisprudence offers very little that is useful in dealing with the modern realities of durable racial inequality and segregation. As cases such as Parents Involved in Community Schools v. Seattle School District No. 1 and Ricci v. DeStefano make clear, it limits dramatically the tools available to address racial inequality, regarding as “bad cities” localities that try affirmatively to grapple with matters …

The Criminalization Of Peacemaking, Corporate Free Speech, And The Violence Of Interpretation: New Challenges To Cause Lawyering, Avi Brisman

City University of New York Law Review

No abstract provided.

Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Achieving climate justice and the Millennium Development Goals (“MDGs”)2 are mutually reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

Values As Part Of The Clinical Experience, Jaime Baker Roskie

Scholarly Works

This essay is based on a short talk I gave at the “Practically Grounded” conference hosted by Pace Law School’s Land Use Law Center. This piece discusses the University of Georgia (UGA) Land Use Clinic, specifically why and how I interact with my students in the classroom about values as part of the clinic experience. It attempts to tie my own teaching methods to those suggested in Best Practices for Legal Education.

Agenda: Navigating The Future Of The Colorado River, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Navigating the Future of the Colorado River (Martz Summer Conference, June 8-10)

Competition for scarce Colorado River water resources is nothing new, but the conflicts that prompted the seven basin states to negotiate the 1922 Colorado River Compact have grown considerably fiercer and more complex in recent decades. In 2007, responding to the challenges of increasing demand and sustained drought, the seven basin states and a number of other affected interests agreed to a set of interim guidelines for allocating Colorado River water in the event of shortages. This agreement represents an important evolution in the governance of the Colorado River, suggesting that the many interests in the basin can work together …

Expanding Environmental Justice After War: The Need For Universal Jurisdiction Over Environmental War Crimes, Ryan Gilman

Colorado Environmental Law Journal

No abstract provided.