Digital Commons Network^™

“Everybody Loves Trees”: Policing American Cities Through Street Trees, Irus Braverman

Duke Environmental Law & Policy Forum

No abstract provided.

An Assessment Of Latcrit Theory Ten Years After, Keith Aoki, Kevin R. Johnson

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.

The Advocate

The Advocate

No abstract provided.

Discrimination By Any Other Name: Alternatives To Proving Deliberate Intent In Environmental Racism Cases, Dora Acherman

FIU Law Review

No abstract provided.

Vol. 59, No. 2, September 16, 2008, University Of Michigan Law School

Res Gestae

•The Michigan Law Class of 2011 •Letter from the (New) Editor •A Few Words from Your LSSS President •The Summer Pop Music We Loved to Hate •Continuing What They Started •Don't Be a Slave to the Curve •The Inevitable Grade Curves •The Dean's Public Service PSA •Deviations from the Curve •The Food Court •Between the Briefs •Kicking it Old School •Crossword

Sustainable Federal Land Management: Protecting Ecological Integrity And Preserving Environmental Principal, Robert L. Glicksman

Tulsa Law Review

No abstract provided.

Protecting Public Health And The Environment By The Stroke Of A Presidential Pen: Seven Executive Orders For The President's First 100 Days, Eileen Gauna

Faculty Scholarship

This white paper recommends a series of seven Executive Orders to the new Administration, all in the areas of health, safety, and the environment. Each of the suggested Executive Orders directs agencies of the government to take specific steps that would make a realworld difference and simultaneously send a signal to the public, Congress, the business community, and others that a new course has been charted and that change has arrived.

Amicus Brief, Lebron V. Gottlieb Memorial Hospital, Neil Vidmar, Tom Baker, Ralph L. Brill, Martha Chamallas, Stephen Daniels, Thomas A. Eaton, Theodore Eisenberg, Neal R. Feigenson, Lucinda M. Finley, Marc Galanter, Valerie P. Hans, Michael Heise, Edward J. Kionka, Thomas H. Koenig, Herbert M. Kritzer, David I. Levine, Nancy S. Marder, Joanne Martin, Frank M. Mcclellan, Deborah Jones Merritt, Philip G. Peters, Jr., James T. Richardson, Charles Silver, Richard W. Wright

Scholarly Works

Illinois Public Act 82-280, § 2-1706.5, as amended by P.A. 94-677, § 330 (eff. Aug. 25, 2005), and as codified as 735 ILCS 5/2-1706.5(a), imposes a $500,000 “cap” on the noneconomic damages that may be awarded in a medical malpractice suit against a physician or other health care professional, and a $1 million “cap” on the noneconomic damages that may be awarded against a hospital, its affiliates, or their employees.

This brief will address two of the questions presented for review by the parties:

1. Does the cap violate the Illinois Constitution’s prohibition on “special legislation,” Art. IV, § 3, …

Integrating Comparative Criminal Law: Criminal Law And Procedure, At Home And Abroad, Roger Fairfax

Presentations

No abstract provided.

Environmental Law At Maryland, No. 26, Summer-Fall 2008

Environmental Law at Maryland

No abstract provided.

El Dia De Los Muertos, The Death And Rebirth Of The Environment Movement, Eileen Gauna

Faculty Scholarship

In 2004, in response to an article titled Death of Environmentalism, many in the environmental community engaged in a debate about whether the environmental movement was capable of adequately inspiring the public to effectively respond to climate change. This Article examines the strand of this debate that centered upon responses from environmental justice actors to the larger environmental community. Specifically, the ensuing conversations raised questions about who, precisely, is the environmental community, what is its historical legacy, how should the environment be conceptualized to promote more effective climate policy, the role of technocratic solutions, and the need for transformative coalition …

Amicus (Volume 7, Issue No. 1) (Summer 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Bob Gough, NativeEnergy, Inc.

72 slides

The Nature Of Legal Education And Its Links To Water Management, Denise D. Fort

Faculty Scholarship

When water decisions are made, water lawyers are central fi gures, and decisions are made within the framework of the governing institutions. In this essay, I discuss legal education and the training of a water lawyer. Students from other disciplines may seek out legal education, so approaches to their education are considered.

Harnessing The Power Of Science In Environmental Law: Why We Should, Why We Don't, And How We Can, Mary Jane Angelo

UF Law Faculty Publications

To illustrate how legal scholars, lawmakers, environmental agencies, and practicing lawyers have attempted to incorporate new scientific developments into environmental law, particularly in the administrative context, this Article traces the journeys of three distinct scientific developments -- risk assessment, adaptive management, and emergy synthesis -- from scientific academia to environmental administrative law. The Article concludes by making observations about what types of scientific developments are most likely to be incorporated into the law and suggesting ways for improving the likelihood that new beneficial developments will be adopted to inform the law.

The Politics Of Competition: Review Of Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research And Government Performance And Mark K. Landy, Martin A. Levin & Martin Shapiro, Eds., Creating Competitive Markets: The Politics Of Regulatory Reform, Russell P. Hanser

Federal Communications Law Journal

Two recent books focus attention on the role of regulation in the modem economy and the reasons why efforts at deregulation succeed or fail. Clifford Winston's Government Failure Versus Market Failure: Microeconomics Policy Research and Government Performance reviews empirical studies of regulation and its alternatives, arguing that economic regulation has quite often done more harm than good. In Creating Competitive Markets: The Politics of Regulatory Reform, editors Mark K. Landy, Martin A. Levin and Martin Shapiro collect essays addressing the political dangers faced by those pursuing market liberalization, both before and (especially) after reform is enacted. Read together, these books …

Native American Forum On Nuclear Issues Agenda

Native American Forum on Nuclear Issues

Conference agenda

Sponsored by: UNLV Department of Environmental Studies, UNLV Libraries, UNLV Department of History, UNLV Department of Sociology and the Native Community Action Council

Environmental Justice: An Analysis, Dennis Bechtel

Native American Forum on Nuclear Issues

Abstract: -Importance of the Environmental Justice -EJ examples -Regulatory backdrop -Stigma effects -Recommendations

Fighting Nuclear Waste At Skull Valley, Margene Bullcreek

Native American Forum on Nuclear Issues

Abstract:

-Reasons We Oppose Nuclear Waste

-Sovereignty

-Traditional values must be protected

-Protect sacredness of our culture, plants,

animals, air, and water

-Affects on community health

-Protect reservation and homeland

-To protect the air and water

-To protect future generations

-Environmental Justice

Native American Forum On Nuclear Issues Agenda

Native American Forum on Nuclear Issues

Conference agenda

Sponsored by: UNLV Department of Environmental Studies, UNLV Libraries, UNLV Department of History, UNLV Department of Sociology and the Native Community Action Council

Impact Of Market Ideology On Transnational Contract Law, M. Neil Browne, Jennifer Coon

Economics Faculty Publications

As world trade expands to the remotest of venues, commercial laws that encompass transnational jurisdictions become increasingly important. The appropriateness of these laws rely, inter alia, on the strength of the assumptive base supporting such transnational laws of commerce. As this article explains, transnational contract law'is not the product of the Immaculate Conception; it is the anachronistic progeny of certain European laws that emerged during the Industrial Revolution. As such, transnational contract law inherits many of the characteristics of its progenitors. Those characteristics, however, become awkward when viewed through a contemporary institutional context that diverges from the prevailing social arrangements …

Just Solutions To Climate Change: A Climate Justice Proposal For A Domestic Clean Development Mechanism, Maxine Burkett

Buffalo Law Review

No abstract provided.

Environmental Justice For All - The Navy's Recent Failure To Protect North Carolina's Citizens, William S. Eubanks Ii

North Carolina Central Law Review

No abstract provided.

Why We Can't Wait: Reversing The Retreat On Civil Rights - An Introduction To The Civil Rights Section, Joshua Cristobal Alex, Tanene Allison, Genevieve Gazon

North Carolina Central Law Review

No abstract provided.

Climate Change: The Equity Problem, Michael P. Vandenbergh, Brooke A. Ackerly

Vanderbilt Law School Faculty Publications

A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor vehicles, and other consumer goods. This essay suggests that although scholarship and policymaking to date have focused on the disproportionate impact of these increased costs on the low-income population, the costs will have two important additional effects. First, the anticipated costs will generate political opposition from social justice groups, reducing the likelihood that aggressive measures will be adopted. Second, to the extent aggressive measures …

Putting Ethics Into Environmental Law: Fiduciary Duties For Ethical Investment, Benjamin J. Richardson

Osgoode Hall Law Journal

This article argues that environmental law must target the financial sector, which sponsors and profits from environmental pillage. The rise of a system of finance capitalism has made the financial sector a crucial economic sector. A long-standing movement for socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While the SRI movement has gained more influence in recent years, it has come at the price of jettisoning its former emphasis on ethical investment in favour of an instrumental, business case approach. Some modest legal reforms to improve the quality and extent of SRI have yet to …

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Osgoode Hall Law Journal

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …

Prohibiting De Facto Insurance Redlining: Will Hurricane Katrina Draw A Discriminatory Redline In The Gulf Coast Sands Prohibiting Access To Home Ownership?, Steven Plitt, Daniel Maldonado

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Impact Of Market Ideology On Transnational Contract Law, M. Neil Browne, Jennifer Coon

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Bringing Sexy Brac: The Case For Allowing Local Governments To Control Environmental Cleanup In The Military Base Closure And Redevelopment Process, Thomas William "T.W." Bruno

William & Mary Environmental Law and Policy Review

No abstract provided.