Digital Commons Network^™

The Endangered Species Act: Tramping On Tribal Rights?, Robert S. Pelcyger

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

32 pages.

Contains footnotes.

Environmental Justice: Concentration On Education And Public Participation As An Alternative Solution To Legislation, Anne K. No

William & Mary Environmental Law and Policy Review

No abstract provided.

Defining Cutting Edge Scholarship: Feminism And Criteria Of Rationality, Nancy Levit

Chicago-Kent Law Review

No abstract provided.

Motions 1996 Volume 31 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Regulatory Reinvention And Project Xl: Does The Emperor Have Any Clothes?, Rena I. Steinzor

Faculty Scholarship

No abstract provided.

Environmental Racism And Biased Methods Of Risk Assessment, Daniel C. Wigley, Kristin S. Shrader-Frechette

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

Based on analysis of a risk assessment for a proposed Louisiana uranium enrichment facility, the authors argue that environmental injustice occurs when assessors' scientific methods cause de facto discrimination.

Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank

Faculty Articles and Other Publications

Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …

Economic And Social Inequality In San Francisco: A Case Study Of Environmental Risks In The City's Mission District, Raquel Pinderhughes

UC Law Environmental Journal

No abstract provided.

The Use Of Institutional Controls In Superfund And Similar State Laws, Susan C. Borinsky

Fordham Environmental Law Review

No abstract provided.

Community-Based Approach To Redevelopment: The Case Of West Berkeley, Carl Anthony

UC Law Environmental Journal

No abstract provided.

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

UC Law Environmental Journal

No abstract provided.

Environmental Justice And The Three Great Myths Of White Americana, Luke W. Cole

UC Law Environmental Journal

No abstract provided.

Health-Health Tradeoffs, Cass R. Sunstein

Articles

No abstract provided.

Defining Cutting Edge Scholarship: Feminism And Criteria Of Rationality, Nancy Levit

Faculty Works

All too often, attempts to define or evaluate good scholarship develop criteria of meritocracy that reinforce existing hierarchies. Some of the efforts are quantitative. They involve cataloguing articles as measured by overall citation rates, ranking law reviews by citation counts, or classifying articles on a "greatest hits" list. Or they may count citations to construct a list of articles most-often-cited in fancy publications. Other efforts to describe quality scholarship involve the construction of criteria of merit, often for purposes of pronouncing what sorts of scholarship qualify for tenure, and for disqualifying nontraditional ideas and forms of writing as unworthy. The …

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview-Hunters Point Community, Clifford Rechtschaffen

UC Law Environmental Journal

No abstract provided.

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

Mbanmiri V. Bum Oil Co.: A Hypothetical Case Of International Environmental Torts, Okechukwu Athanasius Duru

City University of New York Law Review

No abstract provided.

A New Sword To Slay The Dragon: Using New York Law To Combat Environmental Racism, Kimberlianne Podlas

Fordham Urban Law Journal

In this article, the author explores legal strategies available to New York plaintiffs seeking to raise an environmental racism claim. In Part I, the article provides a brief overview of the problem of environmental racism. Part II highlights the interplay between state and federal law, explaining the superiority of state laws in developing strategies for novel legal claims. This is surprising because no plaintiff has filed such a claim under state law in New York. The author concludes with the substantive areas of New York state law-both statutory and constitutional- available to plaintiffs making an environmental racism claim and also …

Medical Monitoring And The Future Of Cercla: Reinvigorating The Superfund Laws Consequentialist Purpose, Colin Crawford

Faculty Publications By Year

No abstract provided.

The Brownfields Action Agenda: A Model For Future Federal/State Cooperation In The Quest For Environmental Justice, Stephen M. Johnson

Santa Clara Law Review

No abstract provided.

Separate And Unequal: A Comment On The Urban Development Aspect Of Brownfields Programs, Georgette C. Poindexter

Fordham Urban Law Journal

Several states and the federal government have proposed and enacted what are termed "Brownfields Programs." These initia- tives have two goals: 1) creation of employment in economically distressed areas surrounded by urban "brownfields" (contami- nated properties); and 2) preservation of "greenfields" (pristine land) from development. This Article discusses the efficacy of the urban development aspect of these initiatives. Specifically it argues that while cities (notably those in the northeast and northcentral United States) may have suffered the impact of deindustrialization disproportionately to their respective suburbs,these programs create a duality of environmental protection that will consign the cities to permanent second …

"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen

Law Faculty Publications

As one of the most important current topics in environmental law, the redevelopment of abandoned or underutilized urban properties, better known as brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment. In this insightful article, Professor Eisen provides the most comprehensive discussion …

Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker

University of Richmond Law Review

Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Faculty Works

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …

What Should Be The Leading Principles Of Land Use Planning? A German Perspective, Clifford Larsen

Vanderbilt Journal of Transnational Law

In this Article discussing German land use planning, the author begins by tracing the historical emergence of land use planning in Germany. The author then evaluates the influence of Germany's constitution on the fundamental principles of land use planning. The author reviews German land use planning's historical and constitutional foundations, then examines the goals guiding federal and state planning and the system constructed to achieve these goals. The author proceeds to analyze the challenges presented to German land use planning by reunification, the environment, and European interdependence. In conclusion, the author reviews the relative merits of German land use planning …

The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar

University of Richmond Law Review

The subject chosen for this discussion is both timely and thought-provoking: the status and future of land-use regulations in the United States. In the hope of making the issues subsumed under this title as exciting to the general public as they are to the practitioners, Professor Michael Allan Wolf has taken the monumental Euclid decision of the United States Supreme Court in 1926 as the pivot of our deliberations. He has posed the question most dramatically with overtones of a swelling Wagnerian overture: "Is It The Twilight of Environmental and Land-Use Regulation?"

The Mescalero Apache Indians And Monitored Retrievable Storage Of Spent Nuclear Fuel: A Study In Environmental Ethics, Noah M. Sachs

Law Faculty Publications

The proposal of the Mescalero Apache Indians of New Mexico to host a nuclear waste storage facility raised difficult questions about political sovereignty, environmental justice, and democratic consent. While the proposal had numerous drawbacks and deserved to be opposed, many of the arguments used against it were conceptually flawed and paternalistic. Arguments decrying bribery of a poor community were particularly weak, while those criticizing targeting of Indian tribes by the United States government and coercion of tribal members by the Mescalero leadership had more merit. The core ethical arguments should be separated from the rhetoric so that policy makers, Native …

Comparative Risk Assessment In New York, Michael B. Gerrard, Deborah Goldberg

Faculty Scholarship

Comparative risk assessment (CRA) is the examination of the relative risks posed by different dangers, with a view to deciding which dangers deserve the most governmental attention. CRA frequently tries to reduce different problems to a common metric, usually the statistical lives saved by a program, so that apples can be weighed against oranges. This article will discuss and assess the growing use of CRA in New York State.

There are two principal arguments for the use of CRA in the environmental context. The first is that we do not have unlimited resources; we cannot move against all problems simultaneously. …

Environmental Injustice: Evidence And Economic Implications, Heidi Y. Willers

University Avenue Undergraduate Journal of Economics

Some economic analyses find evidence of environmental injustice--minorities and/or low-income persons are exposed to environmental dangers (locally undesirable land uses, or LULUs) more than their non-minority or more affluent counterparts. Such inefficient allocations result from a violation of perfect property rights. This paper does not determine efficient levels of various environmental dangers, but rather examines and compares several studies in an effort to find a consensus among researchers. No consensus emerges, as differences in research techniques prevent consistent results from being found. Future research must have well-defined methodologies before it can be effectively used by policy makers.