Digital Commons Network^™

Public Participation In Bronfield Remediation Systems: Putting The Community Back On The (Zoning) Map, Patrick J. Skelley Ii

Fordham Environmental Law Review

No abstract provided.

Kights At The Roundtable: Public Participation Joins The Battle To Clean-Up Cold War Waste, Eileen Gay Jones

Fordham Environmental Law Review

No abstract provided.

State Environmental Standard-Setting: Is There A "Race" And Is It "To The Bottom"?, Kirsten H. Engel

UC Law Journal

Federal intervention in environmental standard-setting is often justified as necessary to prevent states from engaging in a welfare-reducing "race-to-the-bottom" spurred by interstate competition for industry. Traditionally, scholars base the "race-to-the-bottom" assumption upon game theoretic models such as the classic Prisoner's Dilemma. Applying a neoclassical economic approach, however, some legal scholars have recently argued that interstate competition is conducive to efficiency and thus that there is no "race-to-the-bottom." In this Article, Professor Engel points out that these arguments have little empirical basis and provides, for the first time in the legal literature, an empirical framework for determining which of the existing …

Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Brian Glick

Faculty Scholarship

No abstract provided.

Toward A More Appropriate Jurispurdence Regarding The Legal Status Of Zoos And Zoo Animals, Georgie Duckler

Animal Law Review

Mr. Duckler examines the historical perceptions of zoo animals as legal entities and discusses a proposal to classify zoo animals as objects for historical preservation, suggesting that zoo animals and society will be better served by a change in the historical legal status of zoos and zoo animals.

Intersections Between Latcrit Theory And Law And Development Studies, Enrique R. Carrasco

University of Miami Inter-American Law Review

No abstract provided.

Neighborhood Legal Services As House Counsel To Community-Based Efforts To Achieve Economic Justice: The East Brooklyn Experience, Martin S. Flaherty

Faculty Scholarship

No abstract provided.

Nepa And Sepa's In The Quest For Environmental Justice, Stephen M. Johnson

Loyola of Los Angeles Law Review

No abstract provided.

The Bar On Science, Eileen Gay Jones

Loyola of Los Angeles Law Review

No abstract provided.

Environmental Inequity: Economic Causes, Economic Solutions, Thom Lambert, Christopher Boerner

Faculty Publications

The article examines one such shortcoming: namely, that existing research fails to account for the dynamic nature of the housing market. Analyzing data from the St. Louis metropolitan area, this study finds that economic factors--not siting discrimination--are behind many claims of environmental racism. This phenomenon suggests the need to develop public policies that fit the economic nature of the problem. In particular, a policy that compensates individuals living near industrial sites is the key to securing environmental justice.

Rethinking Equality In The Global Society, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.

Session Law 97-276, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]

Environmental Racism And Locally Undesirable Land Uses: A Critique Of Environmental Justice Theories And Remedies, Daniel Kevin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Environmental Justice: A Survey Of Federal And State Responses, Carolyn Graham, Jennifer B. Grills

Villanova Environmental Law Journal (1991 - )

No abstract provided.

"Who Ya Gonna C(S)Ite?" Ghostbusters And The Environmental Regulation Debate, Christine Corcos

Journal Articles

No abstract provided.

Genetics, Iq, Determinism, And Torts: The Example Of Discovery In Lead Exposure Litigation, Jennifer Wriggins

Faculty Publications

This article discusses a disturbing development in tort litigation in which defendants use deterministic, genetics-based ideas about individuals and their families to undercut and deflect attention from personal injury claims. Lead exposure litigation involving cognitive injuries claimed on behalf of children who have ingested lead paint is the context of this development. The most extreme manifestation to date has been the efforts in several states to compel relatives of lead-exposed children (usually mothers) to have IQ and psychological testing, even though they are not parties to the litigation. Rule 35 of the Federal Rules of Civil Procedure and its state …

Agricultural Law: A Selected Bibliography, October 1992-December 1995, Sally J. Kelley, Rana Balakrishnan, Stephanie Brodacz, Meg Mahoney Terrebonne

Missouri Law Review

The following bibliography was compiled to assist lawyers and scholars in researching agricultural law topics.

Environmental Racism Reconsidered, Lynn E. Blais

North Carolina Law Review

No abstract provided.

The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.

The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J. B. Ruhl

Vanderbilt Law Review

Why does law change, and how does that process unfold? In this Article, Professor Ruhl examines those questions using tools from the emerging field of Complexity Theory. Complexity Theory involves the study of change in dynamical systems. Its findings of unpredictable change in a variety of natural and social settings have profoundly effected the theoretical foundations of many fields of study. In particular, Complexity Theory has revisited the Darwinist theory of biological evolution and used it as a platform for developing a general theory of system evolution that focuses on the concept of fitness landscapes. The fitness, or sustainability, of …

Resource Law Notes Newsletter, No. 38, Fall Issue, Aug. 1996, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.

The Record - Vol. 30, Issue 7, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Luncheon Address, Joseph E. Svoboda

Northern Illinois University Law Review

No abstract provided.

Vol. 16, No. 3, Summer 1996: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Includes a dedication to Marla R. Dickerson

Siting, Justice, And The Environmental Laws, Rodger C. Field

Northern Illinois University Law Review

Environmental justice is gaining momentum throughout the country. As a result, industrial development can no longer be determined solely by the dictates of one agency or entity. Environmental justice requires efforts of all to participate in the decision-making process to determine how industry will develop in the future. This article traces the history and themes of the environmental justice movement and examines that movement's impact on industrial development. Specifically, the article focuses on how the environmental justice movement affects future source-siting decisions and its ramifications on the various levels of government and on the industrial development. The article concludes by …

Title Vi As A Means Of Achieving Environmental Justice, Natalie M. Hammer

Northern Illinois University Law Review

This Comment addresses racism in the siting of hazardous waste facilities. The Comment begins by describing the various studies that document the correlation between race and siting decisions, and the Comment concludes that race is a primary factor in environmental siting decisions. After analyzing the various attempts by minority plaintiffs to address this inequity, the author concludes that Title VI may be the best option for minority plaintiffs to achieve environmental justice.

Major Sources Of Criteria Pollutants In Nonattainment Areas: Balancing The Goals Of Clean Air, Environmental Justice, And Industrial Development, Eileen Gauna

Faculty Scholarship

If an area is suffering from economic decay as well as unhealthy air, should new facilities -- and more pollution -- be allowed into the area anyway? If so, the result is that impoverished areas are afforded less environmental protection.This article addresses an important aspect of this dilemma: under what circumstances, if any, should a facility which will emit large amounts of air pollution be allowed to locate or expand operations in areas of existing poor air quality? Part II of this article provides a brief historical explanation of the Clean Air Act as it pertains to major stationary sources. …

Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith

Journal of Dispute Resolution

The environmental dispute resolution field has grown rapidly since its advent in 1973, when two mediators, Gerald Cormick and Jane McCarthy, undertook the first documented attempt to settle an environmental dispute.' Since this initial effort, the use of mediation in environmental disputes has grown rapidly, leading to the continual evolution and improvement of the field. Despite this progress, mediation in environmental disputes remains as it began: a hotly contested issue, with prominent and influential commentators vigorously debating whether it is an appropriate device to resolve environmental disputes