Digital Commons Network^™

Less As More: Rethinking Supernational Litigation Of Economic And Social Rights In The Americas, James L. Cavallaro, Emily J. Schaffer

UC Law Journal

Over the last few decades, scholars and activists have attacked the conceptual division of human rights into justiciable civil and political rights on the one hand, and largely non-justiciable economic, social and cultural rights on the other. Academics and practitioners have defended the extension of supranational judicial oversight to individual instances of economic and social rights abuse, on the premise that international litigation of these rights would promote their recognition in practice. This article questions the presumed benefits of supranational litigation in the promotion of economic and social rights. Focusing on the Inter- American system for human rights protection, we …

Transmission In Transition: Analyzing California's Proposed Electricity Transmission Regulatory Reforms, Brian Orion

UC Law Journal

California's experiment with electricity deregulation is the most recent example of the State's willingness to be an energy policy maverick. Rolling blackouts and expensive long-term contracts are some of the constant reminders of this failed experiment. But another dramatic legacy of deregulation, one which is littleknown beyond inside players in regulation and industry, relates to the planning and licensing of California's system of highpower transmission lines. Thousands of miles of copper and steel wires supply families and businesses with the electricity they need to light their homes, water their crops, and manufacture their silicon chips. A well-planned and robust transmission …

How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett

UIC Law Review

No abstract provided.

Emissions Trading: A Cost-Effective Approach To Reducing Nonpoint Source Pollution, Sonya Dewan

Fordham Environmental Law Review

No abstract provided.

Preserving Justice: Defending Toxic Tort Litigation, Anthony Roisman, Martha Judy, Daniel Stein

Fordham Environmental Law Review

No abstract provided.

Environmental Protection In The Developing World, Samuel Labudde

Fordham Environmental Law Review

No abstract provided.

Center News/Faculty And Staff Updates, Christian De Vos

Human Rights Brief

No abstract provided.

Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster

Fordham Law Review

No abstract provided.

Bursting The Chevron Bubble: Clarifying The Scope Of Judicial Review In Troubled Times, John H. Reese

Fordham Law Review

No abstract provided.

The Electronic Waste Recycling Act Of 2003: California's Response To The Electronic Waste Crisis, Danielle M. Bergner

Marquette Law Review

No abstract provided.

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

Articles

Part I of this Article examines the post-September 11 trend of reduced access to environmental, health, and safety information. Part II introduces the tools that governments might use to protect the environment while protecting homeland security, including planning and information disclosure, command and control measures, and pollution prevention measures. Part II also criticizes the reliance on command and control measures as the primary means of addressing the security issues created by businesses that engage in activities that could harm the environment, health, or safety. Part III explores the advantages of planning and information disclosure programs over command and control programs …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers Jr.

Valparaiso University Law Review

No abstract provided.

The Access Initiative: Promoting Sustainable Development Through Good Governance , Melissa Dasgupta

Sustainable Development Law & Policy

No abstract provided.

Just Keep Swimming: Guiding Environmental Stewardship Out Of The Riptide Of National Security, Julie G. Yap

Fordham Law Review

No abstract provided.

The International Significance Of An Instance Of Urban Environmental Inequity In Tijuana, Mexico, Tseming Yang

Faculty Publications

No abstract provided.

The Continuing Relevance Of Race-Concious Remedies And Prgrams In Integrating The Nation's Workforce, Michael L. Foreman, Kristin M. Dadey, Audrey J. Wiggins

Hofstra Labor & Employment Law Journal

The authors argue that achieving diversity should be one of the main legitimate justifications for affirmative action programs, in addition to the traditionally cited "remedy for past discrimination" justification. The authors describe the legal framework for affirmative action beginning with the Civil Rights Act of 1964. They discuss the various types of affirmative action plans - public and private, court ordered and voluntary. The article concludes with a discussion of Department of Justice and EEOC policies towards affirmative action, arguing that the federal government should be the biggest proponent of such programs.

Hormesis, Hotspots And Emissions Trading, Jonathan B. Wiener

Faculty Scholarship

Instrument choice -- the comparison of technology standards, performance standards, taxes and tradable permits -- has been a major topic in environmental law and environmental economics. Most analyses assume that emissions and health effects are positively and linearly related. If they are not, this complicates the instrument choice analysis. This article analyses the effects of a nonlinear dose/response function on instrument choice. In particular, it examines the effects of hormesis (highdose harm but low-dose benefit) on the choice between fixed performance standards and tradable emissions permits. First, the article distinguishes the effects of hormesis from the effects of local emissions. …

Challenge Of Environmental Justice, The, Sheila R. Foster

Faculty Scholarship

The residents of Camden, New Jersey do not live in a bustling city as do residents living across the Delaware River in Philadelphia, Pennsylvania. Instead, Camden's largely minority population lives in an environmentally and economically devastated neighborhood replete with two Superfund sites. Garbage incinerators, sewage treatment plants and polluting factories have been placed in Camden because the poor have historically been less likely to protest than wealthier communities. In 1997, concerned Camden residents formed the South Camden Citizens in Action ( SCCA ) association to confront the continued encroachment by polluting factories and sewage treatment centers threatening their lives and …

Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice, Steven H. Hobbs

Fordham Law Review

No abstract provided.

Who Should Win The Garbage Wars? Lessons From The Low-Level Radioactive Waste Policy Act, Jane Chuang

Fordham Law Review

No abstract provided.

Universal Declaration Of Human Rights: A Standard For States, Elizabeth F. Defeis

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Promoting Social And Economic Justice Through Interdisciplinary Work In Transactional Law, Susan R. Jones

GW Law Faculty Publications & Other Works

Drawing upon the author's experience with a law school Small Business Clinic, this article claims that business law transactional practice is inherently interdisciplinary, involving collaboration from various disciplines, including law, business, accounting, finance, engineering, computer science, and the social sciences. The author explores the need for legal assistance for entrepreneurs and other small businesses, especially for women and minority business owners, and discusses the recent rise in small business clinics and community economic development (CED) clinical programs, which the author attributes to a trend away from government entitlements and toward personal responsibility and economic self-sufficiency, the failure of the litigation …

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

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

Improving Laws, Declining World: The Tort Of Contamination, William H. Rodgers, Jr.

Articles

This article considers nature's "baseline" through the lens of modern environmental laws. We measure this "baseline" like never before and are proud of our databases on fish advisories, beach closures, and impaired water bodies, to mention a few. The ubiquitous legal response to these measures of environmental decline is the public warning "Don't Eat the Fish" and "Don't Drink the Water."

This article assesses the function, utility, and purpose of these public warnings and finds them wanting. Their principal value is that they serve as measures of lost natural capital and harbingers of shifting baselines.

Our descriptive journey leaves us …

Environmental Justice And Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Private Property And The Politics Of Environmental Protection, Thomas W. Merrill

Faculty Scholarship

Private property plays two opposing roles in stories about the environment. In the story favored by most environmentalists, private property is the bad guy. It balkanizes an interconnected ecosystem into artificial units of individual ownership. Owners of these finite parcels have little incentive to invest in ecosystem resources and every incentive to dump polluting wastes onto other parcels. Only by relocating control over natural resources in some central authority like the federal government, can we make integrated decisions designed to preserve the health of the entire ecosystem. For these traditional environmentalists, private property is the problem; public control is the …

Judging Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The title of this Essay, "Judging Environmental Law," evokes several different themes. On the one hand, the title presents an occasion to discuss the role of judges in environmental law. On the other hand, it offers an opportunity to judge environmental law itself: whether environmental law is guilty, as charged by some in industry, of overreaching in its regulatory requirements; or, whether environmental law is instead guilty, as charged by some environmentalists, of underreaching, by failing to address pressing pollution control and natural resource management concerns. Finally, the title of the Essay possibly presents an occasion for a more theoretical …

A History Of Health Care For The Indigent In St. Louis: 1904–2001, Daniel R. Berg, M.D.

Saint Louis University Law Journal

No abstract provided.

Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner

Duke Law Journal

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of perscriptive regulations-regulations that restrict behavior such as pollution-and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …