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Title Vi And The Warren County Protests, Bradford Mank

Faculty Articles and Other Publications

One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls ("PCB") landfill in Warren County, North Carolina, was a suit by the National Association for the Advancement of Colored People ("NAACP") under Title VI of the 1964 Civil Rights Act. Although the suit was unsuccessful, the Warren County protests led to a 1983 General Accounting Office study and a 1987 United Church of Christ's Commission on Racial Justice (CRJ) study, both of which found that hazardous waste facilities were more likely to be located in minority communities. The Warren County protests and the two studies helped build …

Are Public Facilities Different From Private Ones?: Adopting A New Standard Of Review For The Dormant Commerce Clause, Bradford Mank

Faculty Articles and Other Publications

On September 26, 2006, the Supreme Court granted certiorari in United Haulers Association Inc. v. Oneida-Herkimer Solid Waste Management Authority to decide the important issue of whether local governments may require that all waste in their jurisdiction be sent to a publicly-owned waste facility and thereby discriminate equally against both local and out-of-state private firms. The dormant Commerce Clause doctrine (DCCD) grants federal courts authority to invalidate state/local laws that discriminate against foreign goods/firms. The Court has adopted an overly broad per se test that invalidates any local law that theoretically discriminates against foreign firms, even if there is no …

Rawls' Theory Of Justice And International Environmental Law: A Philosophical Perspective, Todd B. Adams

Global Business & Development Law Journal

No abstract provided.

The Business Of Climate Change: What's Ethics Got To Do With It?, Prue Taylor

Global Business & Development Law Journal

No abstract provided.

Breaking Up Is Hard To Do: Environmental Effects Of Shipwrecking And Possible Solutions Under India's Environmental Regime, David Dodds

Global Business & Development Law Journal

No abstract provided.

Local Approaches To Transnational Corporate Responsibility: Mapping The Role Of Subnational Climate Change Litigation, Hari M. Osofsky

Global Business & Development Law Journal

No abstract provided.

Rethinking Decisionmaking In International Environmental Law: A Process - Oriented Inquiry Into Sustainable Development, Rebecca Bratspies

Publications and Research

No abstract provided.

The Unforeseen Ethical Ramifications Of Classroom Participation In Law School Clinics, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The past decade has seen an enormous expansion in both the types of clinical programs offered by law schools and the role of clinical education in the law school curriculum. With this development has come greater involvement on the part of classroom faculty in clinical programs, who are increasingly collaborating with clinic faculty and students in clinic cases in a variety of ways. In this article, Professor Rovner asserts that such collaborations, as desirable as they may be for the practical and pedagogical benefits they offer, also may present significant ethical issues for faculty, students and clients.

This article analyzes …

A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh

UC Law SF International Law Review

Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …

The Price Of Emission: Will Liability Insurance Cover Damages Resulting From Global Warming?, Noel C. Paul

Loyola Consumer Law Review

No abstract provided.

Genomics & Ethnicity: Using A Tool In The U.S. Environmental Protection Agency's Environmental Justice Toolkit, David L. Mcmurray Jr.

Journal of Health Care Law and Policy

No abstract provided.

Law Of The Rio Grande: New Perspectives On Changing Times Cle International, Maria Hohn

Water Law Review

No abstract provided.

Dik Roth, Rutgerd Boelens, & Margreet Zwarteveen, Liquid Relations: Contested Water Rights And Legal Complexity, Paul Rodney

Water Law Review

No abstract provided.

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

With its abundance of natural resources and due to the state's strong environmental policies, Wisconsin has “enjoyed a reputation as a state rich in natural beauty and recreational opportunities.” Yet, despite the state's strong environmental protections, some based upon constitutional principles, this Article addresses whether Wisconsin's environmental constitutional provisions can be improved upon. This Article attempts to evaluate the existing environmental provisions in the Wisconsin Constitution, and considers, looking at a variety of options and sources, whether the state should proceed forward with any changes, minor or major, to environmental law in the Wisconsin Constitution. This Article considers expansion of …

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Marquette Law Review

No abstract provided.

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

Articles

No abstract provided.

If Not Now, When? The California Global Warmingsolutions Act Of 2006: California's Final Steps Toward Comprehensive Mandatory Greenhouse Gas Regulation, Matthew Visick

UC Law Environmental Journal

No abstract provided.

Introduction, Karen H. Rothenberg, Diane E. Hoffmann

Journal of Health Care Law and Policy

No abstract provided.

How The Presumption Against Extraterritoriality Has Created A Gap In Environmental Protection At The 49th Parallel, João C. J. G. De Medeiros

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Politics Of Risk: Pre-Litigation Site Assessment In Houston, Texas, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Legal Change, The Eighty-Third Cleveland-Marshall Fund Visiting Scholar Lecture , Gerald Torres

Cleveland State Law Review

This Essay will proceed in the following steps. First, I want to propose a preliminary definition of legal change. As I hope to make clear, there are technical and non-technical dimensions to the definition. Second, I want to offer a preliminary definition of social change and social movements. Third, I want to build on the analysis of the late Professor Thomas Stoddard in which he sketched out a relationship between what he calls "rule shifting" and "culture shifting."' Finally, I want to describe what Professor Lani Guinier and I have come to call "demosprudence." I appreciate that it is not …

The States And The World: Twin Levers For Reform Of U.S. Federal Law On Toxic Chemicals, Daryl W. Ditz

Sustainable Development Law & Policy

No abstract provided.

Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Litigation over the effects of climate change has taken various forms, of which litigation based on international human rights law is perhaps the most ambitious. Plaintiffs argue that major emitters of greenhouse gases have violated rights to life and health by contributing to environmental and health injuries associated with global warming. International human rights litigation in international tribunals is unlikely to have any effect, but conceivably American courts might be open to these arguments in Alien Tort Statute litigation. If so, this would be a mistake. Because the health of the global climate is a public good, because American courts …

Climate Change And International Human Rights Litigation: A Critical Appraisal, Eric A. Posner

Public Law and Legal Theory Working Papers

Litigation over the effects of climate change has taken various forms, of which litigation based on international human rights law is perhaps the most ambitious. Plaintiffs argue that major emitters of greenhouse gases have violated rights to life and health by contributing to environmental and health injuries associated with global warming. International human rights litigation in international tribunals is unlikely to have any effect, but conceivably American courts might be open to these arguments in Alien Tort Statute litigation. If so, this would be a mistake. Because the health of the global climate is a public good, because American courts …

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Fordham Urban Law Journal

This Articles looks at brownfields policies in one state, New Jersey, and suggests how to make the approach of brownfields revitalization more development-centered and less developer-centered. Following a basic description of the New Jersey Program, this Article discusses two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program.

Brownfields At 20: A Critical Reevaluation, Joel B. Eisen

Law Faculty Publications

Following a basic description of the New Jersey program, I will discuss two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program. My aim is more modest than a full-scale re-evaluation of all brownfields programs (or indeed of the New Jersey program in its totality); instead I look at the experience within one program to assess whether there is movement toward the development-centered approach. I find that some developments in New Jersey are positive, notably the BDA's approach to addressing multiple brownfield sites concurrently in the same location. On the other …

Legal Change, Gerald Torres

Cornell Law Faculty Publications

The "demos" in demosprudence is meant to refer to those people who are collectively mobilized to make change. Demosprudence is not "the community" at the micro level. Nor is it the "'polity" writ large whether it acts through representative decision-making or voting in referenda and initiatives. It is not the theory or practice of a riot or a lynch mob. Nor is it the study of elections, whether for representatives or referenda. It is the theory and philosophy of legal meaning making through popular mobilization that engages a "thick" form of participation by people who are pushing for change by …

Nothing Is Real: Protecting The Regulatory Void Through Federal Preemption By Inaction, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Whether a federal statute preempts state law has important implications for the allocation of power between the federal and state governments. One aspect of preemption doctrine that has received relatively little scholarly attention is whether the federal government's failure to act is capable of preempting state law and, if so, when. In the regulatory context, Congress must first decide whether as a normative matter it should preempt state law despite its decision not to regulate activities regulated by states. Once Congress has done so, the courts may need to interpret federal legislation to determine whether Congress has decided to preempt …

The Climate Of Environmental Justice: Taking Stock- Forward, Maxine A. Burkett

University of Colorado Law Review

No abstract provided.

Remarks At The Climate Of Environmental Justice: Taking Stock Conference At The University Of Colorado Law School, March 16-17, 2007, Congressman Mike Udall

University of Colorado Law Review

No abstract provided.