Digital Commons Network^™

Healthy Children, Healthy Communities: Schools, Parks, Recreation, And Sustainable Regional Planning, Robert Garcia, Erica S. Flores, Sophia Mei-Ling

Fordham Urban Law Journal

Obesity and inactivity have become a troubling crisis for today’s youth. Low-income communities and communities of color are disproportionately affected by these conditions, due to a denial of the benefits of safe open spaces for physical activity and opportunities to be active. The article describes the epidemic of obesity and unfitness in the United States and the statistics associated with inactivity, as well as the health impacts associated with being overweight and obese and the importance of physical activity. Along with the health implications, the trend in obesity is primed to carry huge direct and indirect financial costs. This health …

Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank

Faculty Articles and Other Publications

In 2002, the Supreme Court in Gonzaga University v. Doe held that the nondisclosure provisions of the Family Educational Rights and Privacy Act (FERPA) did not establish an individual right enforceable through 42 U.S.C. §1983. Chief Justice Rehnquist's requirement of clear and unambiguous proof that Congress intended to establish an individual right on behalf of a class including the plaintiff placed an additional burden on plaintiffs by effectively demanding proof that Congress would have wanted thousands of private suits. The requirement eroded the Court's precedent emphasizing the presumptive enforcement of federal statutory rights through §1983. This Article will focus on …

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

Articles

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 …

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Capital Books, Matt Brown

Sustainable Development Law & Policy

No abstract provided.

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents

Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Addressing Urban Transportation Equity In The United States , Robert D. Bullard

Fordham Urban Law Journal

Transportation touches almost every aspect of our lives and plays a pivotal role in shaping human interactions, economic mobility, and sustainability. Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals. This article examines the inequity that exists in the United States when it comes to transit, as the benefits from transportation advancements and investments are not distributed equally among communities, making transportation equity an issue of civil rights and social justice. This article frames transportation issues as a continuation of the civil rights movement and the wrestling with differential treatment …

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …

Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels

Fordham Law Review

No abstract provided.

Sanitary Sewer Overflows: Past, Present, And Future Regulation, David Strifling

Marquette Law Review

No abstract provided.

Connecticut Metropatterns Part Ii, Myron Orfield, Thomas Luce

Studies

Report

Connecticut Metropatterns Part I, Myron Orfield, Thomas Luce

Studies

Report

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan

Cardozo Journal of Equal Rights & Social Justice

The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.

Expressivism, Empathy And Equality, Rachel D. Godsil

University of Michigan Journal of Law Reform

In this article, Professor Godsil argues that the Supreme Court should not limit its application of heightened scrutiny to facially neutral government actions motivated by discriminatory intent, but rather, that the Court should apply such scrutiny when the challenged government action expresses contempt or hostility toward racial, ethnic, and gender groups or constitutes them as social inferiors or stigmatized classes. This article builds upon recent scholarship seeking to transplant this form of expressivism from the Establishment Clause to the Equal Protection context. However, this article contends that this scholarship has misconceived the test to be applied. For any expressive theory, …

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Returning To The Roots Of Environmental Justice: Lessons From The Inequitable Distribution Of Municipal Services, Sten-Erik Hoidal

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.

Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett

Michigan Journal of Race and Law

As long as American politics remain securely bound to the two-party system, Blacks will remain a voting block; a block that may shift, but a block nonetheless. And although this appears to be to our strategic disadvantage, allowing conviction to direct us, as well as a deep respect for the intense struggle for the franchise, will forever be a noble posture.

Ct Metropatterns, Myron Orfield, Thomas Luce

Studies

Report

Special Issues In Environmental Law Involving Federal Agencies, William A. Wilcox Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Environmental Commerce Clause, Christine A. Klein

UF Law Faculty Publications

This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause—the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect.

This study supports two …

In Search Of An Environmental Ethic, Alyson C. Flournoy

UF Law Faculty Publications

A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown

Sustainable Development Law & Policy

No abstract provided.

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

Fordham Urban Law Journal

Environmental equity problems are not exclusive to any one nation. With a lack of regulations, communities of color and poor, and the prevalence of social marginalization, issues of environmental inequality may occur even more vividly in countries with this climate. In Tijuana, Mexico, Metales y Derivados, an abandoned lead smelter, left its surrounding community, Colonia Cilpancingo, with a litany of health related issues and a hunt for justice from its failure to act with appropriate environmental stewardship. Having gained attention in the international news and exposing a failure of regulatory policies and transnational exploitation, Metales is an example of the …

Florida's Scarlet Letter Repealed: A Retrospective Analysis Of The Constitutionality Of The Florida Adoption Notification Provision And A Commentary On The Future Of The Right To Privacy, Nicholas Ciappetta

Hofstra Law Review

No abstract provided.

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …

What's Property Got To Do With It?, David M. Driesen

College of Law - Faculty Scholarship

This essay reviews Daniel Cole's "Pollution & Property," a recent book on property rights regimes for pollution control. It questions the utility of property rights typologies as a means of understanding pollution control regimes. The review provides a detailed analysis of the shift of rights that occurs in going from a traditional regulatory program to an emissions trading program. It finds that the shift does not create a fundamentally different property regime and explains precisely what changes. This analysis also explains the meaning of calls to perfect property rights in this context. The review concludes that Professor Cole's book does …

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.