Digital Commons Network^™

Building An Environmental Ethic From The Ground Up, Alyson C. Flournoy

UF Law Faculty Publications

Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …

Environmental Justice: Stakes, Stakeholders, Strategies, Eileen Gauna, Shiela Foster

Faculty Scholarship

A quick review of the beginning prominence of and continued work for environmental justice.

New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph

Duke Environmental Law & Policy Forum

No abstract provided.

Transportation Planning Versus Air Quality: Does Winning The Battle Equate To Winning The War - Atlanta, Georgia, In The 21st Century, Natalie D. Alford

Southeastern Environmental Law Journal

No abstract provided.

Creation, Liberation, And Property: Virtues And Values Toward A Theocentric Earth Ethic, W. Wade Berryhill

Law Faculty Publications

Religion continues to play a significant role in shaping our attitudes toward nature.2 Time-honored principles of stewardship of the land demand that we owe a duty to future generations to allow them to inherit a healthy environment. Essential to this obligation is spiritual faith, not the trendy brand of secular humanism espoused by ecodogmatists seeking environmental justice through means unmoored from centuries-old principles of creation. What secular humanism ignores-and what religious traditions the world over have recognizedis the reality that we are a "creative expression of the earth's own evolution."3 Thus, in light of our duty to posterity, mere emphasis …

Strengthening Science’S Voice At Epa, E. Donald Elliott

Law and Contemporary Problems

Elliott considers the problem of institutional reforms to enhance the role of science in EPA decisionmaking. He asserts that science is underrepresented in policymaking at the EPA and that the quality of decisions at the margins would be improved by giving science somewhat greater influence.

An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross

Duke Environmental Law & Policy Forum

No abstract provided.

Human Rights And Post-Imperialism: Arguing For A Deliberative Legitimation Of Human Rights, Amy Bartholomew

Buffalo Human Rights Law Review

No abstract provided.

Defining Sustainable Development After Earth Summit 2002, Hari M. Osofsky

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Bulletin Of The University Of Notre Dame The Law School 2003–04, Volume 99, 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

General Index

Louisiana Law Review

No abstract provided.

Lessons From Stockholm: Evaluating The Global Convention On Persistent Organic Pollutants, Andrew J. Yoder

Indiana Journal of Global Legal Studies

No abstract provided.

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Agenda: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, University Of Colorado Boulder. Natural Resources Law Center, United States. National Oceanic And Atmospheric Administration, National Center For Atmospheric Research (U.S.), Western Water Assessment (Program), University Of Colorado Boulder. Cooperative Institute For Research In Environmental Sciences, Hydrosphere Resource Consultants, Colorado Foundation For Water Education, Bp North America

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

The swollen creeks of Boulder, Colorado provided a fitting backdrop for the “Water, Climate and Uncertainty” conference at the Natural Resources Law Center of the University of Colorado in June 2003. Recognizing the importance of providing a forum for discussions between water managers, lawyers, policy makers, and scientists, Doug Kenney, the conference's organizer, assumed the responsibility of master of ceremonies, providing thoughtful transitions between speakers and sessions while throwing some humor into the mix. Under his direction, luminaries in the fields of science, law and policy engaged a wide range of issues related to the future of water management.

The …

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

The Struggle For Civil Rights: The Need For, And Impediments To, Political Coalitions Among And Within Minority Groups, Kevin R. Johnson

Louisiana Law Review

No abstract provided.

Suing Pesticide Manufacturers?: Federal Preemption Still Prevails In The Eighth Circuit. Netland V. Hess & Clark, Inc., Bridget Romero

Journal of Environmental and Sustainability Law

No abstract provided.

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

Public Law and Legal Theory Working Papers

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive 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, but …

The Small Business Liability Relief And Brownfields Revitalization Act: A Critique, Flannary P. Collins

Duke Environmental Law & Policy Forum

No abstract provided.

Transfer Regulations And Cost Effectiveness Analysis, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive 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 …

Untying The Hands Of D.C.: Ways To Avoid Constitutional Conflicts While Addressing Solid Waste Dispoal, Janell De Gennaro

University of the District of Columbia Law Review

No abstract provided.

Are County Officials Liable For Forcibly Executing A Search Warrant Against A Sovereign Indian Tribe, John P. Lavelle

Faculty Scholarship

No abstract provided.

Distributive Justice And The Environment, Alice Kaswan

North Carolina Law Review

No abstract provided.

White Interests And Civil Rights Realism: Rodrigo's Bittersweet Epiphany, Richard Delgado

Michigan Law Review

I had just settled down, taken off my tie, and was about to go over the two-page handout entitled "Information for Wedding Parties " that the minister of the small church had handed me minutes earlier, when I heard a knock and familiar voice from the other side of the anteroom door.

Green Business: Should We Revoke Corporate Charters For Environmental Violations?, Mitchell F. Crusto

Louisiana Law Review

No abstract provided.

Environmental Law At Maryland, No. 16, Winter-Spring 2003

Environmental Law at Maryland

No abstract provided.

Are Title Vi's Disparate Impact Regulations Valid?, Bradford Mank

Faculty Articles and Other Publications

This Essay, however, contends that section 602 disparate impact regulations in Tide VI are valid because Congress has implicitly sanctioned their creation, and explicitly approved them in subsequent related statutes.

Part II of this Essay discusses the legislative history of Tide VI, which suggests that Congress intended to give administrative agencies discretion to define "discrimination" in their Tide VI regulations as prohibiting either intentional conduct or actions having disparate impacts against racial minorities as long as the President approved such rules.

Part III illustrates that five different Congresses have enacted four subsequent related statutes that explicitly incorporate Tide VI disparate …

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …

The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson

Fordham Urban Law Journal

The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.