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Indigenous People And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

University of Colorado Law Review

The international dialogue on climate change is currently focused on a strategy of adaptation that includes the projected removal of entire communities, if necessary. Not surprisingly, many of the geographical regions that are most vulnerable to the effects of climate change are also the traditional lands of indigenous communities. This article takes the position that the adaptation strategy will prove genocidal for many groups of indigenous people, and instead argues for recognition of an indigenous right to environmental selfdetermination, which would allow indigenous peoples to maintain their cultural and political status upon their traditional lands. In the context of climate …

Tough Love: Should We Analyze Federal Emergencymanagement Agency Disaster Planning Under The National Environmental Policy Act?, Katherine Hausrath

UC Law Environmental Journal

No abstract provided.

No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill

Faculty Articles

Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …

Lng Facility Siting And Environmental (In)Justice: Is It Time For A National Siting Scheme?, Eileen Gauna

Faculty Scholarship

This Article examines the distributional and other environmental justice issues arising from the current initiative to rapidly site multiple LNG import facilities in order to increase the supply of natural gas into the continental United States. This Article further examines the necessity of creating a national siting scheme to avoid exacerbating existing racial disparities in risk-producing land use practices.

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

Faculty Scholarship

No abstract provided.

Climate Change, The United States, And The Impacts Of Arctic Melting: A Case Study In The Need For Enforceable International Environmental Human Rights, Randall S. Abate

Journal Publications

Climate change is currently the most significant and daunting international environmental problem, with disproportionate and devastating impacts on indigenous groups. The plight of the Inuit is illustrative of a larger need to recognize and enforce international environmental human rights violations. Part I of this Article examines the evolution of various approaches to environmental human rights theories in (1) United States law, (2) international human rights law instruments, and (3) the laws of other nations. Part II considers the scientific evidence and legal theory underlying the Inuit petition before the Inter-American Commission on Human Rights and explores how this scenario underscores …

Public Interest Drift Revised: Tracing The Sources Of Social Change Commitment Among Black Harvard Law Students, Jenee Desmond-Harris

UC Law Journal of Race and Economic Justice

Although "public interest drift"-the phenomenon of law students' interest in public interest careers decreasing over the course of legal education-has been studied extensively, author Jene Desmond- Harris argues that rates among black law students deserve a specially tailored analysis because of the black community's longstanding faith in the law and lawyers as instruments of social change. Through a study of current black Harvard Law students, admitted students, and alumni, she investigates the interactions between the Harvard Law School experience and the development of black law students' attitudes about pursuing careers aimed at affecting social change. Incorporating her own research with …

The Domestic Response To Global Climate Change: What Role For Federal, State, And Litigation Initiatives?, Alice Kaswan

University of San Francisco Law Review

This Article takes as given that climate change is a serious environmental problem that requires a legal response-a response that is likely to change the way we live. This Article evaluates the most significant existing federal and state measures. This Article not only highlights the key features of federal, state, and litigation initiatives; it also addresses their respective roles.

Integrative Lawyering: Navigating The Political Economy Of Urban Redevelopment Symposium: Race, Economic Justice, And Community Lawyering In The New Century, Sheila R. Foster

Faculty Scholarship

This shift from defending and reacting to creating and envisioning requires a more engaged organizational role for the lawyer. The lawyer is now expected to do more than translate the organization/community's grievance into discreet legal frameworks and discourse---e.g., a civil rights violation, a nuisance, participatory right, etc. The lawyer now intervenes in negotiations from which the organization or community has been excluded. This new role requires a shifting, flexible mix of skills and a more dynamic interaction with the organization and its varied functions-policy, community education, lobbying, and organizing. This new role is what we call "integrative lawyering," an emergent …

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

SMU Law Review

No abstract provided.

Solving International Environmental Crimes: The International Environmental Military Base Reconstruction Act—A Problem, A Proposal, And A Solution, Tania Marie Proechel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon

Faculty Articles

An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …

Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill

Faculty Articles

This article transcribes a presentation delivered by Professor O’Neill at the EPA-Tribal Leaders Summit, hosted by the Confederated Tribes of the Umatilla Indian Reservation, August 21-25, 2006. This article maintains that the call to protect tribal harvests—to ensure healthy and robust fisheries—is at the core of the sovereign compact between the United States and the various Native nations. The United States is, in fact, legally obligated to uphold this compact, manifested prominently in the treaties. The United States and the states are also legally bound to remedy a long history of attempts to assimilate and discriminate against Native peoples and …

Richmond Law Magazine: Winter 2007

Richmond Law Magazine

Features:

Creative Balance: Intellectual Property and Free Expression

Hanging a Shingle in Cairo: Practice Among the Pyramids Brings Rewards, Challenges

From the Streets to a GED: Law Students Volunteer for Offender GED Program

Changing Territoriality, Fading Sovereignty, And The Development Of Indigenous Group Rights, Austen L. Parrish

Articles by Maurer Faculty

For much of the 19th and 20th Centuries, the international community resisted the notion of indigenous peoples' rights. In recent years, however, this has changed. The emergence of indigenous rights in international law may finally be upon us. At the very least, the language of international instruments and certain court decisions indicate a new era is emerging in which international law is beginning to recognize the rights of indigenous peoples. And the public seems increasingly aware of the challenges facing indigenous groups. Despite a past where victories for indigenous peoples' rights have been few, scholars are cautiously optimistic for the …

Disparity Rules, Olatunde C.A. Johnson

Faculty Scholarship

In 1992, Congress required states receiving federal juvenile justice funds to reduce racial disparities in the confinement rates of minority juveniles. This provision, now known as the disproportionate minority contact standard (DMC), is potentially more far-reaching than traditional disparate impact standards: It requires the reduction of racial disparities regardless of whether those disparities were motivated by intentional discrimination orjustified by "legitimate" agency interests. Instead, the statute encourages states to address how their practices exacerbate racial disadvantage.

This Article casts the DMC standard as a partial response to the failure of constitutional and statutory standards to discourage actions that produce racial …

The Lawyer Is Not The Protagonist: Community Campaigns, Law, And Social Change, The Symposium: Race, Economic Justice, And Community Lawyering In The New Century: Concluding Essay, Jennifer Gordon

Faculty Scholarship

Stories about law and social change can have a sameness to them. Yet in many ways, the tales told in this volume stand out from the crowd. Each story is shaped around a campaign undertaken by a community organization or coalition deeply engaged in the struggle for racial and economic justice. Attorneys appear as supporting players rather than main characters, seeking to help organizations build the power needed to achieve their goals. These lawyers translate information about the law into lay language, pressure opponents, defend the organization, open up spaces for community voice and action, and seek to establish new …

Environmental Justice, Community Empowerment, And The Role Of Lawyers In Post-Katrina New Orleans, Janell Smith, Rachel Spector

City University of New York Law Review

Working together toward a common goal often requires mobilizing the strength and energy of many groups of people, all of whom share the same passion for accomplishing that goal. Hurricane Katrina and its devastating effect on the environment and communities in New Orleans and the Gulf Coast has done exactly that, bringing together numerous coalitions of concerned individuals who share the determination to clean up and improve New Orleans and the Gulf region. This Article addresses how lawyers from around the country can work with local advocates on reconstruction efforts in New Orleans in a way that increases, rather than …

Front Matter

City University of New York Law Review

No abstract provided.

A Relocation Of Prisoner Identity, Willa Payne, Matt Luton

City University of New York Law Review

No abstract provided.

Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh

San Diego International Law Journal

Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …

Motions 2006 Volume 42 Number 3, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Environmentalism And The Wisconsin Constitution, Jason J. Czarnezki

Marquette Law Review Conferences

No abstract provided.

Rules For Radicals: A Politics Of Patent Law, Kali Murray

Faculty Publications

No abstract provided.

Protecting The Future Forever: Why Perpetual Conservation Easements Outperform Term Easements, Paul Mitchell

Land Use Clinic

Conservation easements are amassing increasing popularity as a private means for accomplishing a public good. In 1980, conservation easements protected 128,001 acres. By 2003, that number had jumped to over 5 million acres. In Georgia, over 131,000 acres had been protected by conservation easements by the end of 2005, more than double the acreage of just a few years before.

A conservation easement is a legal arrangement whereby a landowner chooses to transfer certain development rights to an eligible easement holder, usually a non-profit or government agency, in order to achieve a qualified purpose. The landowner can sell or donate …

Modified Private Property: New Jersey's Public Trust Doctrine, Private Development And Exclusion, And Shared Public Uses Of Natural Resources, Marc R. Piorier

Southeastern Environmental Law Journal

No abstract provided.

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.

The Public Trust Debate: Implications For Heirs' Property Along The Gullah Coast, Faith R. Rivers

Southeastern Environmental Law Journal

No abstract provided.

Executive Order 13303: Is The Bush Administration Choosing Corporations Over Human Rights Actions Instituted Via The Alien Tort Claims Act, Rod Khavari

Tulsa Journal of Comparative and International Law

No abstract provided.

Global Warming Litigation Under The Alien Tort Claims Act: What Sosa V. Alvarez Machain And Its Progeny Mean For Indigenous Arctic Communities, Mini Kaur

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.