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Vol. 18, No. 14 (April 17, 2000) Apr 2000

Vol. 18, No. 14 (April 17, 2000)

Indiana Law Annotated

No abstract provided.


Vol. 18, No. 13 (April 10, 2000) Apr 2000

Vol. 18, No. 13 (April 10, 2000)

Indiana Law Annotated

No abstract provided.


Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center Apr 2000

Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Private Actions And Marine And Water Resources: Protection, Recovery And Remediation, Randy Lowell Apr 2000

Private Actions And Marine And Water Resources: Protection, Recovery And Remediation, Randy Lowell

Southeastern Environmental Law Journal

No abstract provided.


The Case Against Private Disparate Impact Suits, Thom Lambert Apr 2000

The Case Against Private Disparate Impact Suits, Thom Lambert

Faculty Publications

This article argues that the Third Circuit, and the courts that have implicitly approved private disparate impact suits, have erred in construing Title VI to permit private plaintiffs to sue federally funded entities for discrimination based on disparate impact alone. From a policy standpoint, permitting private disparate impact suits is a bad idea, for the threat of such suits will lead to deterrence of actions and decisions that have incidental disparate effects but are, on the whole, good.


Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle Apr 2000

Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle

Indiana Law Journal

No abstract provided.


Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother Apr 2000

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.


Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender Apr 2000

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

University of Michigan Journal of Law Reform

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …


Goals, Instruments, And Environmental Policy Choice, Sidney A. Shapiro, Robert L. Glicksman Apr 2000

Goals, Instruments, And Environmental Policy Choice, Sidney A. Shapiro, Robert L. Glicksman

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn Apr 2000

Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn

Duke Environmental Law & Policy Forum

No abstract provided.


Evaluating Instruments Of Environmental Policy: A Comment On Professor Richards, Nathaniel O. Keohane Apr 2000

Evaluating Instruments Of Environmental Policy: A Comment On Professor Richards, Nathaniel O. Keohane

Duke Environmental Law & Policy Forum

No abstract provided.


The Weekly March 20, 2000, North Carolina Central School Of Law Mar 2000

The Weekly March 20, 2000, North Carolina Central School Of Law

NCCU Law School Weekly

No abstract provided.


The Precautionary Principle In Australia: Policy, Law & Potential Precautionary Eias, Warwick Gullett Mar 2000

The Precautionary Principle In Australia: Policy, Law & Potential Precautionary Eias, Warwick Gullett

RISK: Health, Safety & Environment (1990-2002)

Dr. Gullet argues that environmental impact assessments are a logical vehicle for factoring the precautionary principle into large-project-approval processes.


Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan Mar 2000

Bargaining Theory And Regulatory Reform: The Political Logic Of Inefficient Regulation, David B. Spence, Lekha Gopalakrishnan

Vanderbilt Law Review

In this Article David Spence and Lekha Gopalakrishnan pro- pose a new understanding of regulatory bargaining. Economists and others have long argued that the American regulatory system is unnecessarily inefficient. Critics charge that the system is both substantively inefficient, in that it sometimes mandates the use of inefficient means for achieving a regulatory goal, and procedurally inefficient, in its over-reliance on rules. These arguments have led to a wave of regulatory reform experiments in the federal bureaucracy, many of which seek to promote positive-sum changes in regulatory policy through bargaining among private- and public-sector stakeholders. As several commentators have noted, …


Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon Feb 2000

Feb. 10. 2000, Draft Comments From S. Langdon, Project Underground, Dft Comments On Cao Operational Guidelines, Shanna Langdon

CAO General 1999-Present

No abstract provided.


Environmental Justice Risks In The Petroleum Industry, Roy Whitehead Jr., Walter Block Feb 2000

Environmental Justice Risks In The Petroleum Industry, Roy Whitehead Jr., Walter Block

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Justice At The Crossroads, Kary L. Moss Feb 2000

Environmental Justice At The Crossroads, Kary L. Moss

William & Mary Environmental Law and Policy Review

No abstract provided.


Applying The Disparate Impact Rule Of Law To Environmental Permitting Under Title Vi Of The Civil Rights Act Of 1964, Michael D. Mattheisen Feb 2000

Applying The Disparate Impact Rule Of Law To Environmental Permitting Under Title Vi Of The Civil Rights Act Of 1964, Michael D. Mattheisen

William & Mary Environmental Law and Policy Review

No abstract provided.


Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz Feb 2000

Feb. 2000, Cao-Comments On The Operational Guidelines For The Office Of The Compliance Advisor Ombudsman, Marcos A. Orellana Cruz

CAO General 1999-Present

No abstract provided.


Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller Jan 2000

Community Lawyering: Theory And Practice, Derek Denckla, Matthew Diller

Other Publications

Materials for So Goes A Nation: Lawyers and Communities


The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center Jan 2000

The Nova Southeastern Lawyer, 2000, Volume 11, Number 2, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

ILSA Journal of International & Comparative Law

Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.


Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus Jan 2000

Thirty Years Of Environmental Protection Law In The Supreme Court, Richard J. Lazarus

Georgetown Law Faculty Lectures and Appearances

It is an honor to present a lecture named after Lloyd Garrison and to be here at Pace Law School. It is especially fitting, of course, that the first Garrison Lecture was presented by Pace's own David Sive. Professor Sive, as we all know, worked closely with Garrison on the celebrated Scenic Hudson litigation. Few legal counsel have been so closely identified with the emergence of the environmental law profession during the past three decades. Indeed, if there were such a thing as a legal thesaurus that linked substantive areas of law with lawyers and one looked up "environ-mental law," …


Regulatory Incrementalism And Moral Choices: A Comment On Adlerian Welfarism, Daniel B. Rodriguez Jan 2000

Regulatory Incrementalism And Moral Choices: A Comment On Adlerian Welfarism, Daniel B. Rodriguez

Florida State University Law Review

No abstract provided.


Resource Law Notes Newsletter, No. 48, Winter Issue, Jan. 2000, University Of Colorado Boulder. Natural Resources Law Center Jan 2000

Resource Law Notes Newsletter, No. 48, Winter Issue, Jan. 2000, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank Jan 2000

Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank

Faculty Articles and Other Publications

Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …


A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld Jan 2000

A Table Of Requirements For Federal Administrative Rulemaking, Mark Seidenfeld

Florida State University Law Review

No abstract provided.


A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld Jan 2000

A Table Of Requirements For Administrative Rulemaking, Mark Seidenfeld

Scholarly Publications

No abstract provided.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

Scholarly Articles

The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …


A Taxonomy Of Environmental Justice, Robert R. Kuehn Jan 2000

A Taxonomy Of Environmental Justice, Robert R. Kuehn

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.