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2005-2006 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.

American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler

William & Mary Environmental Law and Policy Review

No abstract provided.

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David M. Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Carmen G. Gonzalez, David J. Gottlieb, Donald T. Hornstein, Douglas A. Kysar, Thomas O. Mcgarity, Catherine A. O'Neill, Clifford Rechtschaffen, Christopher Schroeder, Sidney Shapiro, Rena I. Steinzor, Joseph P. Tomain, Robert R.M. Verchick, Karen Sokol

Faculty Scholarship

No abstract provided.

Power, Authority, And Tribal Property, Wenona T. Singel, Matthew L. M. Fletcher

Tulsa Law Review

No abstract provided.

Following The Commissions: Analysis And Implementation Of The Ocean Commission And Pew Commission Report (5th Marine Law Symposium) (September 9-11, 2004), Roger Williams University School Of Law Library

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.

The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna

Faculty Scholarship

This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …

Day 2: Thursday, 18 August 2005: Canada Lynx Reintroduction, Gary Skiba, Rob Edward, Bonnie Kline

Endangered Species Act Congressional Field Tour (August 17-19)

5 pages (includes some color illustrations and maps).

Contains references.

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari Osofsky

ExpressO

ABSTRACT: This article aims to forward the dialogue about transnational corporate regulation by mapping the power dynamics that infuse litigation over energy production’s externalities and their implications for sovereign regulatory authority. The piece’s core argument is that appropriately constraining the externalities of energy production demands a nuanced, spatial understanding of the relationship among governmental regulatory entities, corporations, and the other actors that influence them. Part II begins by considering the multi-layered regulatory dilemmas posed by the transnational energy production process, the uncertain status of corporations under international law, and the law and economics debate over appropriate and effective environmental regulation …

Bulletin Of The University Of Notre Dame The Law School 2005–06, Volume 101, Number 4, University Of Notre Dame

Bulletins of Information

CONTENTS

Graduate Law Programs

Dual-Degree Programs

Requirements for Graduation and Good Academic Standing

Tuition and Fees

Withdrawal Regulations

Curriculum

Law School Courses

Course Descriptions

Officers of Administration

Law School Faculty

Law School Calendar

Important Addresses

Have You No Sense Of Decency? An Examination Of The Effect Of Traditional Values And Family-Oriented Organizations On Twenty-First Century Broadcast Indecency Standards, Michael J. Cohen

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Despite Alarmists, 'Kelo' Decision Protects Property Owners And Serves The General Good, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The United States Supreme Court’s decision in Kelo v. City of New London, has spurred national debate, as many people portray the court’s decision as a damaging blow to private property rights. In Kelo, the court confirmed local government’s ability to condemn property in an area designated as blighted by the state, in order to encourage economic development. This article highlights several positive examples of this sort of condemnation in New York case law, where the public interest was served by economic redevelopment. The article goes further, to distinguish several legal decisions from Kelo, where courts invalidated condemnations upon a …

Table Of Contents

Journal of Environmental and Sustainability Law

No abstract provided.

With Liberty And Environmental Justice For All: A Decade At The Nuclear Regulatory Commission, Tyson R. Smith

Journal of Environmental and Sustainability Law

No abstract provided.

No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller

Michigan Law Review

This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …

Weighing And Balancing Social And Economic Considerations Of Siting Landfills To Address Environmental Justice Concerns, Sharon Shaheen

Student Thesis Honors (1996-2008)

Environmental justice in permitting new landfills is best addressed as one element of many weighed in an agency discretionary decision-making process. Siting landfills necessarily includes consideration of technical, social, economic and political issues. Currently, the landfill permitting process in New Mexico examines only technical, scientific, and geological factors. In effect, a permit must be granted if all of the technical specifications and notice requirements are met. To adequately address all of the impacts on a community when a landfill is sited nearby, an agency should have both the discretion to weigh and balance all relevant factors and the authority to …

Salt Equalizer, Vol. 2005, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Kent Greenfield, Solomon Amendment Litigation Update, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Florence Wagman Roisman, SALT Takes a Strong Stand Against Bush Political and Judicial Nominees, at 4.

Nancy Ehrenreich, SALT Responds to Threats Against Academic Freedom, at 5.

Beto Juarez, Diversifying the Legal Profession: The Pipeline Initiatives, at 6.

Nancy Cook, SALT and EJS Host Successful Welcoming Reception at AALS Annual Meeting, at 8.

Deborah Waire Post, Good Food, Good Friends, and Good Stories at SALT's Annual Awards Dinner, at 8.

Tayyab Mahmud, 2005 …

Environmental Justice: A Universal Discourse, Dean Rivkin

Scholarly Works

No abstract provided.

J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White

William & Mary Environmental Law and Policy Review

No abstract provided.

Brownfields Programs And Tax Incentives Are Stimulating The Redevelopment Of Brownfields Properties In North Carolina And South Carolina, Farah Rodenberger

Southeastern Environmental Law Journal

No abstract provided.

The Ecology Of Breastfeeding, Kim Diana Connolly

Southeastern Environmental Law Journal

No abstract provided.

Dialogue Magazine, Spring 2005

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen

Faculty Scholarship

This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …

The Use Of Alternative Dispute Resolution Techniques In The United States Air Force Environmental Conflicts, Nanci R. Pigeon

Theses and Dissertations

The use of alternative dispute resolution (ADR) in government disputes is mandated by the Administrative Dispute Resolution Act of 1990. The use of ADR to resolve disputes provides a quick and inexpensive resolution versus litigation. The Air Force currently has a very strong ADR program in place to resolve acquisition and workplace disputes. However, the varied conditions and situations of environmental issues have prevented the Air Force from achieving similar success in this area. This research analyzes the experiences of 26 Environmental Conflict Resolution Practitioners who have resolved environmental disputes using ADR techniques. Content analysis and pattern matching were used …

What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis

William & Mary Environmental Law and Policy Review

No abstract provided.

The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett

Cardozo Law Review

No abstract provided.

Environmental Law At Maryland, No. 20, Winter-Spring 2005

Environmental Law at Maryland

No abstract provided.