Digital Commons Network^™

To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Hofstra Law Review

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …

Protecting Environmentally-Sensitive Areas And Promoting Tourism In "The Back Patio Of The United States:" Thoughts About Shared Responsibilities In Ecosystem And Biodiversity Protection, Colin Crawford

Faculty Publications By Year

No abstract provided.

Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott

Articles & Book Chapters

This is a book review of Living in a Contaminated World: Community Structures, Environmental Risks and Decision Frameworks. Ed. Ellen Omohundro. Surrey, United Kingdom: Ashgate, 2004.

Fairness In The Air: California's Air Pollution Hearing Boards, Kenneth A. Manaster

Faculty Publications

This article is an update of my earlier article, "Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California." Because basic features of the law governing California's air pollution hearing boards have remained in place over the years, the original article reportedly continues to be useful for lawyers and others. Nonetheless, some important aspects of the law have changed, and so have many of the practices hearing boards follow. Furthermore, in many parts of the state, hearing boards now often face cases of far greater technical and legal complexity, and environmental and economic …

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

Faculty Publications

No abstract provided.

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez

Faculty Articles

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …

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

Journal Articles

No abstract provided.

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

The Erosion Of Private Property Rights After Raleigh Avenue Beach Association V. Atlantis Beach Club, Kristin A. Scaduto

Villanova Law Review (1956 - )

No abstract provided.

Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons

Santa Clara Law Review

No abstract provided.

The Workplace Project, Emily Stein

NYLS Law Review

No abstract provided.

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

UC Law Journal of Race and Economic Justice

No abstract provided.

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio

UC Law Journal of Race and Economic Justice

This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American …

Impediments To Environmental Justice: The Inequities Of The Maryland Standing Doctrine, Daniel W. Ingersoll Iv

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick

Faculty Scholarship

This article will focus on three main challenges in creating a tribal court practice clinic. The first part will address creating a tribal court focus within an existing clinic curriculum. The second part will address the process of designing a curriculum for the TCPC that includes incorporating the basic doctrinal foundations of federal Indian law, as well as the clinical skills necessary to practice in a tribal court setting. The third part will offer some concluding thoughts on my long-term plans and dreams for TCPC.

City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster

Faculty Scholarship

One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …

Endocrine Disruptors And Risk Assessment: Potential For A Big Mistake, Keith J. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Constitution Restoration Act, Judicial Independence, And Popular Constitutionalism, Ronald Kahn

Case Western Reserve Law Review

No abstract provided.

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Publications

The federal public lands contain places with both religious and secular value for American people. American Indians, in particular, hold certain natural features to be sacred, and visit them for ceremonies and worship. Simultaneously, non-Indians use the same places for economic, recreation, and many other purposes - and conflicts arise between these groups. In the past twenty years, a body of constitutional jurisprudence has developed to address questions of religious freedoms and public access rights on these lands that are owned and managed by the federal government. This article outlines the relevant First Amendment framework as well as recent statutes …

The Perils Of Risk Avoidance, Catherine O'Neill

Faculty Articles

This article illustrates that in managing the risks and responding to the harms of environmental contamination, there has been a recent embrace of strategies involving risk avoidance in lieu of risk reduction. Risk reduction strategies aim to clean up, limit, or prevent environmental contamination in the first place. Risk avoidance strategies, by contrast, leave contamination unabated. Risk avoidance strategies address the harms of contamination by requiring those whose circumstances or lifeways leave them exposed to alter their ways, thereby "avoiding" the risk. A recent turn to risk avoidance is problematic on several scores and particularly troubling from the perspective of …

Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez

Faculty Articles

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities, such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under a variety of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right …

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza G. Organick

North Dakota Law Review

No abstract provided.

Labor As Property: Guestworkers, International Trade, And The Democracy Deficit, Ruben J. Garcia

Scholarly Works

In the 1914 Clayton Act, Congress declared: "The labor of a human being is not a commodity or an article of commerce." The practical reason for this section of the Clayton Act was to exempt collusion in labor negotiations from antitrust liability. The law also gave effect to the rejection of the commodification of human labor. Since the passage of the Clayton Act, developments in law and society have chipped away at the law's symbolic anti-commodification message. This paper examines the commodification of labor in the international trade and guestworker debates. Historically, the concept of "comparative advantage" in international trade …

Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan

Articles by Maurer Faculty

For more than a decade, there has been a steady growth in what is now commonly referred to as the 'cause lawyering' literature. Partly as a response to those who were critical of the legal profession during the 1970s and 1980s, cause lawyering scholars have sought to rebut these critics' charges, as well as more comprehensively illustrate what, why, and how cause lawyers do what they do. While the critics of cause lawyers on the one hand, and cause lawyering scholars on the other, have made enormous contributions to the debate, only recently has the discourse shifted to examining an …

Environmental Justice: Access To Clean Drinking Water, Hastings Law Journal

UC Law Journal

Many low-income communities and communities of color are unable to advocate for clean drinking water or oppose rate hikes for drinkable water. Failing infrastructure, industrial pollution, and increasing water scarcity in California disproportionately affect vulnerable, marginalized communities. This Panel focused on community organization and novel legal approaches (such as Title VI Civil Rights complaints) that could be used to advocate for clean drinking water.

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Limiting The Expansion Of The Public Trust Doctrine In New Jersey: A Way To Protect And Preserve The Rights Of Private Ownership, Stephanie Reckord

Seton Hall Law Review

No abstract provided.

Checks And Balances On The Fifth Branch Of Government: Colorado Environmental Coalition V. Wenker And The Justiciability Of The Federal Advisory Committee Act, Joshua W. Abbott

BYU Law Review

No abstract provided.

Amicus (Fall/Winter 2005), University Of Colorado Law School

Amicus

This issue is dedicated to the various clinics and research centers that operate within the Wolf Law building. These institutions play a major role in ensuring that Colorado Law is a place where students can receive a top of the line legal education.

Featured in this issue:

• The Byron White Center
• The Natural Resources Law Center
• The Silicon Flatirons Telecommunications Program
• The Juvenile and Family Law Program
• The Natural Resources Litigation Clinic
• The American Indian Law Clinic
• The Legal Aid and Defender Program
• The Wrongful Convictions Clinic
• The Appellate Advocacy Clinic
• The Entrepreneurial Law Clinic

Not In Anybody's Backyard? The Non-Distributive Problem With Environmental Justice, Joshua Glasgow

Buffalo Environmental Law Journal

No abstract provided.