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Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson

Osgoode Hall Law Journal

This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, in particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international environmental cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." The article provides an overview …

The (Non)Uniqueness Of Environmental Law, Jay D. Wexler

Faculty Scholarship

In everyday discourse, the label "environmental law" signifies a distinct and unique area of the law. The uniqueness of environmental law stems most obviously from the subject matter of environmental legislation and regulation. But does environmental law also differ from other areas of law with respect to how judges ought to approach deciding cases? Should judges act differently somehow when they are deciding an environmental law case as opposed to, for example, a labor law or banking law case? At least one influential scholar - Richard Lazarus of the Georgetown University Law Center - has argued that the distinctive features …

Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson

All Faculty Publications

This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." This article provides an overview of all …

Book Review Of Luc Reydams, Universal Jurisdiciton: International And Municipal Legal Perspectives (2003), David Luban

Georgetown Law Faculty Publications and Other Works

Some crimes are so odious that committing them makes one hostis generis humani (an enemy of all mankind). Intuitively, the idea of a universal enemy implies the possibility of universal criminal jurisdiction (UCJ). As Luc Reydams notes, the notion of UCJ originated in the 16th century with Covarruvias, although the idea is better known through Grotius's famous assertion that every state has jurisdiction over "gross violations of the law of nature and of nations, done to other states and subjects" (De Jure Belli ac Pacis, AC Campbell trans., II.20.VII). For many years piracy was the only recognized UCJ crime, not …

Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center

Introduction to the Legal Foundation of Federal Land Management (December 1-3)

1 v. (various pagings) : ill., maps ; 28 cm

Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004

Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox

Contents:

Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement …

Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille A. Nelson

Saint Louis University Law Journal

No abstract provided.

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

Southeastern Environmental Law Journal

No abstract provided.

Case Study: Highway U.S. 70 And The Hondo Valley - Safety And Cost Versus History, Will Dawson

Southeastern Environmental Law Journal

No abstract provided.

Terrorism, Security, And Environmental Protection, Stephen M. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.

This Land Is Your Land (Our Right To The Environment), Victor B. Flatt

West Virginia Law Review

No abstract provided.

Suburban Sprawl, Jewish Law, And Jewish Values, Michael E. Lewyn

ExpressO

The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish values. This is so in three ways. First, Jewish law requires Jews to make the poor self-supporting- but suburban sprawl creates welfare dependency by making it impossible for poor people without cars to reach jobs in auto-dependent suburbs. Second, Jewish law requires Jews to walk rather than ride to services on holy days- but in most low-density suburbs, very few people can live within walking distance of a synagogue (or anything else for that matter). Third, Jewish law has traditionally discouraged development of rural land …

Bulletin Of The University Of Notre Dame The Law School 2004–05, Volume 100, 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

A Perfect Storm: Mercury And The Bush Administration, Part Ii, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

The Environmental Protection Agency's recent proposal to regulate mercury emissions from power plants, and its final rule on mercury emissions from chlor-alkali facilities, suffer from serious scientific, legal, economic, and distributional flaws. The first installment in this series examined the strong scientific basis for regulating mercury emissions and critiqued the agency's decisions from a legal perspective. This second (and final) installment finds that EPA's decisions also fail from the perspectives of economics and environmental justice. EPA and the Office of Management and Budget's economic analysis of the proposal to regulate mercury from power plants was shoddy and one-sided. EPA and …

Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent

Working Paper Series

Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as "right" or "left", CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic …

Fordham Lawyer, Vol. 7 No. 1 - Summer 2004, Fordham Law School

Fordham Lawyer

Fordham Lawyer magazine was first published in 1988 and continued through 2004. It returned in 2011 under Dean Michael M. Martin. The magazine shines a spotlight on faculty research, the Law School community, and the accomplishments of our alumni. No issues were published between 2004 and 2011.

Russian Floating Nuclear Reactors: Lacunae In Current International Environmental And Maritime Law And The Need For Proactive International Cooperation In The Development Of Sustainable Energy Sources, Douglas John Steding

Washington International Law Journal

During the second half of 2003, Russia announced plans to build barges carrying two nuclear reactors capable of supplying electricity to a town of fifty thousand people. Rapidly developing countries seem particularly interested in this proposal, as these reactors can meet their growing power needs. In addition, these floating nuclear reactors provide an alternative to coal, oil and natural gas, all sources of energy that contribute to global warming. These reactors, however, pose a substantial risk to the environment, particularly in light of Russia's lax environmental policies, and the design of the barges themselves make them susceptible to a wide …

What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser

Michigan Law Review

Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …

Environmental Ethics From The Perspectives Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

William & Mary Environmental Law and Policy Review

No abstract provided.

Anything Industry Wants: Environmental Policy Under Bush Ii, Patrick Parenteau

Duke Environmental Law & Policy Forum

No abstract provided.

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Cardozo Law Review

No abstract provided.

A Perfect Storm: Mercury And The Bush Administration, Rena I. Steinzor, Lisa Heinzerling

Faculty Scholarship

In December 2003, the Environmental Protection Agency (EPA) proposed a rule for mercury emissions from power plants and issued a final rule for mercury emissions from chlor-alkali facilities. Regarding power plants, EPA had previously found that mercury posed the most serious threat among the hazardous air pollutants emitted by power plants, and also that regulation of mercury from power plants was appropriate and necessary under section 112 of the Clean Air Act, which requires stringent technology-based regulation for hazardous air pollutants. Despite section 112's clear rejection of emissions trading as a compliance option, EPA has proposed to allow commercial trading …

Evaluating The Use Of Good Neighbor Agreements For Environmental And Community Protection: Final Report, Douglas S. Kenney, Miriam Stohs, Jessica Chavez, Anne Fitzgerald, Teresa Erickson, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

viii, 133 p. : forms ; 28 cm

Are Anti-Retaliation Regulations In Title Vi Or Title Ix Enforceable In A Private Right Of Action: Does Sandoval Or Sullivan Control This Question?, Bradford Mank

Faculty Articles and Other Publications

Recently, the federal circuit courts of appeal have divided in addressing to what extent either Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972 protects those who complain about racial or gender discrimination from retaliation by their employers or schools. Neither Title VI nor Title IX explicitly prohibits retaliation by recipients. However, various federal agencies have issued specific Title VI or IX regulations that explicitly prohibit retaliation by recipients. Title IX "was modeled after Title VI . . ., which is parallel to Title IX except that it prohibits race discrimination, …

Volume 35, Issue 3, Table Of Contents (2004), University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Environmental Protection / Environmental Indicators: Formalized Monitoring In The Service Of Environmental Justice, Eric Karl Roth

McGeorge Law Review

No abstract provided.

Righting The Balance: Gender Diversity In The Geosciences, Robin E. Bell, Kim A. Kastens

ADVANCE Library Collection

The blatant barriers are down. Women are now routinely chief scientists on major cruises, lead field parties to all continents, and have risen to leadership positions in professional organizations, academic departments, and funding agencies. Nonetheless, barriers remain. Women continue to be under-represented in the Earth, ocean, and atmospheric sciences.

Environmental Legal Professionalism Adapted To Citizen Suit Processes, Brion Blackwelder

Faculty Scholarship

No abstract provided.