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Articles 2851 - 2880 of 3908
Full-Text Articles in Entire DC Network
Trust & Transparency: Promoting Efficient Corporate Disclosure Through Fiduciary-Based Disclosure, Michael R. Siebecker
Trust & Transparency: Promoting Efficient Corporate Disclosure Through Fiduciary-Based Disclosure, Michael R. Siebecker
Sturm College of Law: Faculty Scholarship
Could embracing the philosophy of “encapsulated trust” as the basis for a fiduciary duty of disclosure improve the integrity and effectiveness of corporate communications? The question arises because a tragedy of transparency threatens the viability of the burgeoning corporate social responsibility (CSR) movement, where consumers and investors employ various social, environmental, or ethical screening criteria before purchasing a company's stock or products. In an efficient market, fully informed consumers and investors could reward companies that engage in CSR by purchasing their products or stock and, conversely, punish companies that fail to engage in desired practices by refusing to purchase their …
Climate Change, Consumption, And Cities, Alice Kaswan
Climate Change, Consumption, And Cities, Alice Kaswan
Fordham Urban Law Journal
Part I of this Article highlights the nation’s high level of energy consumption and argues that policies directed solely at tailpipes and smokestacks will fail to reach climate change goals. Part II of this Article observes that recently proposed federal legislation does not sufficiently address consumption. Part III argues that direct local land use and green building measures can and should play a critical role in reducing demand. Part IV recognizes that, notwithstanding the institutional and practical arguments in favor of local initiatives, significant barriers could slow their adoption and implementation. Part V argues that federal legislation could overcome obstacles …
Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock
Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock
Sustainable Development Law & Policy
No abstract provided.
Courts As Champions Of Sustainable Development: Lessons From East Africa, Patricia Kameri-Mbote, Collins Odote
Courts As Champions Of Sustainable Development: Lessons From East Africa, Patricia Kameri-Mbote, Collins Odote
Sustainable Development Law & Policy
No abstract provided.
Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe
Towards A Jurisprudence Of Sustainable Development In South Asia: Litigation In The Public Interest, Shyami Fernando Puvimanasinghe
Sustainable Development Law & Policy
No abstract provided.
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
UIC Law Review
No abstract provided.
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
China's Environmental Problems: Is A Specialized Court The Solution?, Darcey J. Goetz
Washington International Law Journal
China’s economic growth has come at a high price: environmental and natural resource destruction. Presently, China’s legal system is not prepared to protect China’s environmental resources. China’s State Council has expressed an interest in establishing a civil and administrative system to manage environmental matters. Some of the objectives expressed by the State Council could be achieved by creating a special tribunal to address environmental issues, similar to New Zealand’s Environment Court. A specialized court promotes environmental protection, and specialization creates experts in a specific field, allowing for consistency among decisions. An environmental court will fit into China’s current legal system …
Solar Power & Nyc Schools: Good Government And Electric Sparkplug, Robert Delay
Solar Power & Nyc Schools: Good Government And Electric Sparkplug, Robert Delay
Fordham Environmental Law Review
No abstract provided.
Abandon All Hope Ye That Enter? Equal Protection, Title Vi, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Abandon All Hope Ye That Enter? Equal Protection, Title Vi, And The Divine Comedy Of Environmental Justice, Carlton Waterhouse
Fordham Environmental Law Review
No abstract provided.
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez
University of Miami Inter-American Law Review
No abstract provided.
A River Beckons Home, Alexandra Dapolito Dunn
A River Beckons Home, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).7 Although an American diplomat is said to have remarked in preparing for …
Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung
Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung
Institute for Asian American Studies Publications
Nepali female migrants are among the fastest-growing immigrant workforces in the South Asian community, particularly in service and domestic work in big cities of the United States. However, there has not until now been a study investigating the work experiences of Nepali immigrants/migrants employed in the service and domestic sectors in these cities. This article investigates the work experiences of Nepali female migrants who work in service and domestic/child care work in Boston and New York, focusing on examining the type and nature of women's work, labor practices, work and living conditions, women's experiences and views about their work, and …
W.E.B. Du Bois, Race, And Human Rights, Elias
W.E.B. Du Bois, Race, And Human Rights, Elias
Societies Without Borders
Du Bois' sociological thought reveals an overlooked tension in the pursuit of human rights, a tension between universal human rights for all people, in general, and a race-specific human rights agenda for blacks, in particular. Du Bois recognizes both universal human rights for all individuals, groups, nations, and international bodies (regardless of race, gender, class, and other human divisions) and case-specific human rights for particular individuals, groups, nations, and international bodies (with regard to race, gender, class, and other human divisions). I aim to demonstrate why Du Bois' acknowledgment of universal and case-specific human rights, and dynamics of their interrelationship, …
Economic Development And Environmental Threats: Tipping The Balance In Venezuela, Lauren Sanchez-Murphy
Economic Development And Environmental Threats: Tipping The Balance In Venezuela, Lauren Sanchez-Murphy
Loyola University Chicago International Law Review
No abstract provided.
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Preemption And Theories Of Federalism, Robert R. M. Verchick, Nina A. Mendelson
Book Chapters
American government is an experiment in redundancy, with powers and duties shared among federal, state, and local decision makers. The arrangement is designed to divide power, maximize self-rule, and foster innovation, but it also can breed confusion. In the areas of public safety and environmental protection, state and federal leaders (to name the two most active players in these disputes) are often seen jockeying for the inside track, hoping to secure the resources or authority needed to promote their views of the public good or gain politically. To outside observers, the best outcomes are not obvious. For example, should the …
The Supreme Court's New Public-Private Distinction Under The Dormant Commerce Clause: Avoiding The Traditional Versus Nontraditional Classification Trap, Bradford Mank
UC Law Constitutional Quarterly
In its 2007 decision United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, the Supreme Court for the first time held the "dormant" Commerce Clause doctrine ("DCCD") allows for a distinction between appropriate laws establishing local government monopolies providing public services such as waste disposal, and inappropriate laws favoring the self-interest of in-state private businesses over out-of-state competition. In addition, the Court emphasized that courts should apply the DCCD more leniently in the area of waste disposal because it is a traditional local government function. In its 2008 decision Department of Revenue of Kentucky v. Davis, the Court reaffirmed …
Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty
Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty
Journal of Health Care Law and Policy
No abstract provided.
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Ethical Responsibility To Reduce Energy Consumption, John C. Dernbach, Donald A. Brown
The Ethical Responsibility To Reduce Energy Consumption, John C. Dernbach, Donald A. Brown
Hofstra Law Review
This Article argues that developed countries have an ethical responsibility to reduce energy consumption - through energy efficiency and conservation - as part of the global effort to reduce greenhouse gas emissions. While this responsibility is borne by nations themselves, it has consequences for the individuals living in those nations. This Article also argues that developing countries have different duties concerning energy consumption. Their responsibility to improve human quality of life will mean greater use of modern energy, especially when it is not now available. At the same time, developing countries should use energy efficiency and conservation when it is …
Public Utilities, Eminent Domain, And Local Land Use Regulations: Has Texas Found The Proper Balance?, Michael B. Kent Jr.
Public Utilities, Eminent Domain, And Local Land Use Regulations: Has Texas Found The Proper Balance?, Michael B. Kent Jr.
Scholarly Works
No abstract provided.
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Green Sports Facilities: Why Adopting New Green-Building Policies Will Improve The Environment And The Community, Alex B. Porteshawver
Marquette Sports Law Review
No abstract provided.
Borders And The Environment, Andrew P. Morriss, Roger E. Meiners
Borders And The Environment, Andrew P. Morriss, Roger E. Meiners
Faculty Scholarship
Despite regular acknowledgement of the interconnectedness of global ecosystems, government policies at the national level focus on environmental problems within their borders. As a result, the level of public and private resources expended on environmental protection in rich and poor countries is dramatically different on both a per capita and an absolute basis. While this outcome is readily explained by the politics of environmental issues, in which voters reward governments for domestic expenditures but are skeptical of expenditures outside the jurisdiction, these differences mean that the total amount of environmental quality purchased across nations is lower than it could be. …
Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer
Disestablishing Environmentalism, Andrew P. Morriss, Benjamin D. Cramer
Faculty Scholarship
The debate over environmental policy is increasingly conducted in language with strong religious overtones. Both proponents and opponents of various environmental policies appeal to religious doctrine to support their positions: Those who question human-caused global warming are labeled "heretics, " while appeals for environmental "stewardship" echo Biblical texts. Religious groups play an important role in defining environmental policy issues, and both supporters and critics of specific environmental policy views have labeled particular sets of beliefs about the environment a "religion." In this Article we engage in a thought experiment, arguing that there are valuable lessons to be learned from treating …
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Our Bandit Future? Cities, Shantytowns, And Climate Change Governance, Colin Crawford
Fordham Urban Law Journal
This Article seeks to begin to define a role for cities and their inhabitants in climate change governance. Part I argues that if there is a failure to take into account global urbanization and its defining characteristics, namely extreme squalor and associated social ills, as a central feature of climate change policy, we face a future where cities will experience sustained and perhaps intractable urban violence and social disintegration, a development that can only hasten the separate but related harms caused by climate change on the world’s human and biological populations. Part II explores some of the consequences of the …
Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode
Public Interest Litigation: Insights From Theory And Practice, Scott L. Cummings, Deborah L. Rhode
Fordham Urban Law Journal
If public interest litigation has not always delivered all that we desire, it has surely provided no lack of experience. Our challenge now is to integrate these lessons from practice with insights from allied disciplines. Taken together, they remind us of the need to coordinate litigation with broader mobilizing efforts, to think strategically about effectiveness, and to create adequate systems of evaluation and accountability.
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Articles & Book Chapters
Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Articles & Book Chapters
This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …
Primary &(And) Secondary Education - Law Review Digests
Primary &(And) Secondary Education - Law Review Digests
The Journal of Law and Education
No abstract provided.
Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell
Streamlining Nepa To Combat Global Climate Change: Heresy Or Necessity?, Irma S. Russell
Faculty Law Review Articles
This article discusses the impact of the National Environmental Policy Act (NEPA) on the development of noncarbon energy sources and raises the question of whether the NEPA process should be altered to bring clean power online faster. The article examines the ability of the market to respond to the call for rapid adaptation to climate change and for rapid development of noncarbon sources of energy, given the regulatory environment and existing regulatory treatment of NEPA processes. In addition, the article examines examples of current streamlining of the NEPA process in the energy arena. The author notes arguments for and against …