Digital Commons Network^™

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley

Scholarly Works

No abstract provided.

Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank

Faculty Articles and Other Publications

There is a split in the circuits regarding whether and when agency regulations may establish rights enforceable through 42 U.S.C. Section 1983. In 1987, in Wright v. City of Roanoke, the Supreme Court held that a statute and regulations interpreting the statute could create enforceable rights under Section 1983, but left unclear to what extent it had relied on the regulations alone to reach this conclusion. The District of Columbia Circuit and Sixth Circuit have held that at least some valid federal regulations may create rights enforceable through Section 1983. Concluding that only Congress by enacting a statute may create …

Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford C. Mank

Florida State University Law Review

No abstract provided.

On The Role Of Cost-Benefit Analysis In Environmental Law: A Book Review Of Frank Ackerman And Lisa Heinzerling's Priceless: On Knowing The Price Of Everything And The Value Of Nothing, Shi-Ling Hsu

Scholarly Publications

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Frank Ackerman and Lisa Heinzerling have coauthored a book that captures most of the arguments from the detractor side, and they have done so skillfully and powerfully. However, this Review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory …

Toward Greater Certainty In Water Rights? - Public Interests Require Inherent "Uncertainty" To Support Constitutional Governance Of Our State's Waters, Michael Warburton

McGeorge Law Review

No abstract provided.

Environmental Justice In A Dryland Democracy: A Comment On Water Basin Institutions, Eileen Gauna

Faculty Book Display Case

This comment to Dryland Democracy (Prof. Janet Neuman, in Dusting Off the Blueprint for a Dryland Democracy: Incorporating Watershed Integrity and Water Availability Into Land Use Decisions (Dryland Democracy)) will expand upon the theme of social costs, exploring how Professor Neuman's basic proposal-water basin institutions with centralized authority-might address some of these inequities. There are not only serious environmental justice issues that must be addressed by a water basin institution, but there are also special complications that would arise during the initial process of consolidating authority. Before that discussion proceeds, however, a brief history of the environmental justice movement is …

Public Participation And Access To Clean Water: An Analysis Of The Cafo Rule, Ayako Sato

Sustainable Development Law & Policy

No abstract provided.

Re-Validating The Doctrine Of Anticipatory Nuisance, George P. Smith Ii

Scholarly Articles

The law of nuisance has long been seen as the heart of real property law - this because of its distributive and re-distributive force in land use. In its present form, while often ad hoc in application, a nuisance is defined generally as merely some interference with the use and enjoyment of the land. The most common remedy to abate a nuisance is injunctive relief in equity. Yet, judicial creativity has been seen through the use of such remedies as awards of permanent damages and the compensated injunction. The doctrine of anticipatory nuisance is brought into focus usually when a …

International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu

American University International Law Review

No abstract provided.

Cultural Diversity, Human Rights, And The Emergence Of Indigenous Peoples In International And Comparative Environmental Law, Jerry Firestone, Jonathan Lily, Isable Torres De Noronha

American University International Law Review

No abstract provided.

Title Vi Or Bust? A Practical Evaluation Of Title Vi Of The 1964 Civil Rights Act As An Environmental Justice Remedy, Scott Michael Edson

Fordham Environmental Law Review

No abstract provided.

Contemporary Cercla: Reversals Of Fortune And Black Holes, Stanley Millan

Fordham Environmental Law Review

No abstract provided.

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.

Legislative Watch, Ryan Vogel

Human Rights Brief

No abstract provided.

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

Critical Race Lawyering: Foreword, Sheila R. Foster

Fordham Law Review

No abstract provided.

Legitimacy, Justice, And The Future Of Africa, J. Peter Pham

Human Rights & Human Welfare

A review of:

Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp.

Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Website, Fran Ansley, Cathy Cochran

Villanova Law Review (1956 - )

No abstract provided.

An Environmental Justice Perspective On African-American Visitation To Grand Canyon And Yosemite National Parks, Andrea Waye

UC Law Environmental Journal

No abstract provided.

Environmental Enforcement In The Fifty States: The Promise And Pitfalls Of Supplemental Environmental Projects, Steven Bonorris, Chelsea Holloway, Annie Lo, Grace Yang

UC Law Environmental Journal

No abstract provided.

Segregation And Environmental Justice, Myron Orfield

Articles

No abstract provided.

Life, Liberty, And The Pursuit Of Water: Evaluating Water As A Human Right And The Duties And Obligations It Creates, Amy Hardberger

Faculty Articles

The Right to Water should be an independent, explicit human right. As such, the status of the right to water would be raised to the status of customary international law (jus cogens), imposing an affirmative, obligatory duty an all nations. Historically the right to water has been included in the right to life, limiting the right; however, that approach undermines the essential importance of water and causes enforcement problems that would be avoided by regarding water as an independent right.

Landmark international agreements, treatises, and the work of various international entities and other non-governmental organizations have made tremendous strides in …

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

Law Faculty Articles and Essays

People across the country have witnessed the quality of their local environment decline in the name of progress but Lewis argues that tow-income and minority persons have observed the disproportionate placement of environmental hazards in their communities. That disparity has partially resulted from environmental discrimination based upon class and race. Acknowledging unequal treatment of low-income and minority persons has led to the development of the concept of "environmental justice. "

The premise of this Article is that, in order to effectively combat environmental discrimination, people must have access to quality information. Information may be used as a remedial measure. This …

Civil Rights And Wrongs, Richard Abel

Loyola of Los Angeles Law Review

No abstract provided.

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

University of Colorado Law Review

No abstract provided.

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.

Equal Justice Works Fellowships Help Launch Public Interest Careers, Equal Justice Works Staff

Public Interest Law Reporter

No abstract provided.

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

The Ecology Of Breastfeeding, Kim Diana Connolly

Journal Articles

This essay reflects on the ecological advantages of breastfeeding, and argues that that laws promoting and supporting breastfeeding should be included among laws labeled as “environmental.”