Digital Commons Network^™

Managing Transboundary Natural Resources: An Assessment Of The Need To Revise And Update The Columbia River Treaty, Matthew Mckinney Ph.D., Lorie Baker, April M. Buvel, Andy Fischer, Dana Foster, Christine Paulu

UC Law Environmental Journal

No abstract provided.

Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz

ILSA Journal of International & Comparative Law

In late June 2009, a slim majority of the U.S. House of Representatives enacted the American Clean Energy and Security Act

Collective Human Rights: Public Health V. Structural And Ecological Violence (The Example Of Ecuador V. Colombia), Laura Westra

ILSA Journal of International & Comparative Law

"Public health and safety are not simply the aggregate of each individual's interest in health and safety .... Public health and safety are community or group interests."

Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah Shelton

American University International Law Review

No abstract provided.

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

The Modern American

No abstract provided.

Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).

Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …

Vx In Tx: Chemical Weapons Incineration And Environmental Injustice In Port Arthur, Texas, Victoria R. Danta

Fordham Environmental Law Review

No abstract provided.

From Bali To Copenhagen: Towards A Shared Vision For A Post-2012 Climate Regime?, Jutta Brunnée

Maryland Journal of International Law

No abstract provided.

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for …

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …

Public Trust Limits On Greenhouse Gas Trading Schemes: A Sustainable Middle Ground?, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

There is a some consensus among economists, environmentalists, and politicians that some form of “cap and trade’ program is the appropriate regulatory mechanism to achieve the greenhouse gas emissions reductions necessary to avoid disastrous global climate disruptions. “Cap and trade” programs necessarily incorporate tradable emissions rights – essentially tradable rights to pollute. As such, they run into principled objection by some environmentalists who oppose the notion of creating economic rights in the global commons – essentially the “right to pollute.” This principled objection derives doctrinal support from the public trust doctrine – the ancient notion rooted in common law and …

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.

Transcript of panel discussion at McGill University, March 26, 2010. This piece is based on the article Elizabeth Burleson & Diana Pei Wu, Non-State Actor Access and Influence in International Legal and Policy Negotiations, 21 Fordham Envtl. L. Rev. 193 (2010).

Managing Pro Bono: Doing Well By Doing Better, Scott L. Cummings, Deborah L. Rhode

Fordham Law Review

No abstract provided.

Eleventh Annual Grotius Lecture Series: Focusing On The Good Or The Bad: What Can International Environmental Law Do To Accelerate The Transition Towards A Green Economy? , Achim Steiner

American University International Law Review

No abstract provided.

Enhancing The Canada - United States Gateways And Corridors: East, West And Within, Chios Carmody, Sean O'Dell, David Oxner, Hugh Conroy

Canada-United States Law Journal

No abstract provided.

Volume 6 Issue 2

The Modern American

No abstract provided.

Navigating The Turbulence Of Competing Interests: Principles And Practice Of The Federal Aviation Administration, J. David Grizzle, Amanda K. Bruchs, Robert A. Hawks, Lisa A. Holden

Journal of Air Law and Commerce

No abstract provided.

The Eminence Of Imminence And The Myopia Of Markets, 9 J. Marshall Rev. Intell. Prop. L. 674 (2010), Teneille R. Brown

UIC Review of Intellectual Property Law

This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here, I am interested in a particular type of public health threat—the negative consequences that stem from climate change. In this article, I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments in support of encouraging …

Teaching The Tensions, Angela P. Harris

Saint Louis University Law Journal

No abstract provided.

Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

Can Urban University Expansion And Sustainable Development Co-Exist?: A Case Study In Progress On Columbia University, Keith H. Hirokawa, Patricia E. Salkin

Fordham Urban Law Journal

This article uses the expansion of Columbia University as a case study to demonstrate the difficulty in labeling projects as "sustainable" or "unsustainable" when key stakeholders view the process and outcomes of sustainability differently.

Keynote Address, Dean Spade

Faculty Articles

This article challenges the traditional methods taken by progressive lawyers and activists. It argues that superficial changes to a marginalizing system simply create “window dressing” that serves to reinforce the status quo. This article is a provocative call to radicalize legal practice, to be critical of all movements, and always question who is being excluded. It highlights that what may appear like making things better may actually be a contribution to the legitimization of the system that one intends to challenge.

The Global Food Crisis: Law, Policy And The Elusive Quest For Justice, Carmen G. Gonzalez

Faculty Articles

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …

Being Virtuous And Prosperous: Sri’S Conflicting Goals, Benjamin J. Richardson, Wes Cragg

Articles & Book Chapters

Can SRI be a means to make investors both virtuous and prosperous? This paper argues that there can be significant tensions between these goals, and that SRI (and indeed all investment) should not allow the pursuit of maximizing investment returns to prevail over an ethical agenda of promoting social and economic justice and environmental protection. The discourse on SRI has changed dramatically in recent years to the point where its capacity to promote social emancipation, sustainable development and other ethical goals is in jeopardy. Historically, SRI was a boutique sector of the market dominated by religious-based investors who sought to …

Coastal Preservation And Transferred Development Rights, Kate Kramer

Sea Grant Law Fellow Publications

No abstract provided.

Public Nuisance Suits For The Climate Justice Movement: The Right Thing And The Right Time, Randall S. Abate

Journal Publications

The climate justice movement seeks to provide relief to vulnerable communities that have been disproportionately affected by climate change impacts. Public nuisance litigation for climate change impacts is a new and growing field that could provide the legal and policy underpinnings to help secure a viable foundation for climate justice in the United States and internationally. By securing victories in the court system, these suits may succeed where the domestic environmental justice movement failed in seeking to merge environmental protection and human rights concerns into an actionable legal theory. This Article first examines the nature and scope of the climate …

Investment In Water And Wastewater Infrastructure: An Environmental Justice Challenge, A Governance Solution, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

This article evaluates the impact of the growing presence of privatized water and wastewater infrastructure projects in some of the world’s most populous countries: China, India, the United States, Brazil, and Nigeria. Together, these nations account for nearly 50 percent of the world’s population. The article discusses environmental justice issues associated with contaminated drinking water and insufficient sanitation and explores the role that public versus private ownership of water infrastructure plays in ensuring access to clean water for the lower-income echelons of society. It articulates the importance of the rule of law and sound environmental governance in this arena and …

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Coasean Blindspots: Charting The Incomplete Institutionalism, Gregg P. Macey

Faculty Scholarship

No abstract provided.