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Foreword Special Issue: Ethical Issues In Representing Older Clients, Bruce A. Green, Nancy Coleman

Fordham Law Review

No abstract provided.

Overcoming Environmental Discrimination: The Need For A Disparate Impact Test And Improved Notice Requirements In Facility Siting Decisions, Omar Saleem

Journal Publications

No abstract provided.

The Proposed Environmental Justice Act: "I Have A (Green) Dream", Claire L. Hasler

Seattle University Law Review

This Comment addresses the concept of environmental racism, the tools that have been used to fight it, and the proposed Environmental Justice Act of 1993. Part II begins with an examination of the evidence minority communities have relied on as proof that environmental racism exists. The evidence contained in numerous articles clearly shows inequalities in the amounts of environmental and health hazards minority communities bear, and this evidence validates the existence of pervasive environmental injustice in our society. Part III addresses the limited case law involving attempts by minority communities to challenge perceived environmental racism and assesses the effectiveness of …

Volume 45 Issue 1 (1994), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Equal Enforcement For All, George Van Cleve

Faculty Articles

As a premise, there is no reason in this society, at this time, for individuals of any race or economic status to be involuntarily exposed to disproportionate environmental risks. This article argues that if there are disproportionate impacts and you want to do something about it, you tell the government to increase enforcement resources. You tell the government to make sure that there are no exceptions, and that the fact that an employer is a large, local employer and politically influential does not mean that it should get any breaks from anybody for any reason.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Seven Statutory Wonders Of U.S. Environmental Law: Origins And Morphology, William H. Rodgers, Jr.

Articles

Students from around the world often ask my opinion on the most influential or effective of the United States environmental laws. I offer an opinion based on two criteria: What laws have contributed most to protection of the natural world and what laws have been most emulated? The second criterion is obviously an indicator of output, not of direct consequence. However, a linkage between the spread of strong laws and degree of environmental protection is assumed.

In theory, of course, the questions of "how much protection" and "how many laws" can be answered empirically. But this story is available only …

The Victims Of Nimby, Michael B. Gerrard

Faculty Scholarship

It is a syndrome, a pejorative, and an acronym of our times: NIMBY, or Not In My Back Yard. It has a political arm, NIMTOO (Not In My Term Of Office), an object of attack, LULUs (Locally Undesired Land Uses), and an extreme form, BANANA (Build Absolutely Nothing Anywhere Near Anyone). Acronyms aside, however, the question remains as to whether or not NIMBY has victims. Is anyone hurt by NIMBY?

Many leading voices in the environmental justice movement believe that minority communities are victims of NIMBY. For example, Professor Robert D. Bullard has written that "[t]he cumulative effect of not-in-my-backyard …

Driving The Environmental Justice Movement Forward: The Need For A Paternalistic Approach, Eleanor N. Metzger

Case Western Reserve Law Review

No abstract provided.

The Role Of Existing Environmental Laws In The Environmental Justice Movement, Michael B. Gerrard

Faculty Scholarship

I will focus on what can and cannot be done under the existing statutory and regulatory structures and the common law to protect minority communities from environmental hazards. I will highlight some of the current holes in the legal system to suggest areas where statutory reform might be useful. Fights against these facilities break down between future unbuilt facilities, on the one hand, and existing facilities on the other hand.

A broad array of statutes regulates future facilities, such as landfills, incinerators, interstate highways, and polluting factories. Some of these laws are aimed at providing information and requiring the decision …

Ethics, The Legacy Of The Reverend Doctor Martin Luther King, Jr., And The Movement Toward Environmental Justice, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

What’S Fairness Got To Do With It? Environmental Justice And The Siting Of Locally Undesirable Land Uses , Vicki Been

Cornell Law Review

No abstract provided.

Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg

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

This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.

Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg

Cardozo Law Review

No abstract provided.

International Law & The Environment And Biodiversity And International Law: The Effectiveness Of International Environmental Law, Sudhir K. Chopra

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

The Record - Vol. 22, 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.

"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg

Michigan Law Review

Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …

The Record - Vol. 22, Issue 6, 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.

The Record - Vol. 22, Issue 5, 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.

The Record - Vol. 22, Issue 4, 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.

The Record - Vol. 22, Issue 3, 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.

Environmental Law At Maryland, No. 1, Winter 1993

Environmental Law at Maryland

No abstract provided.

Considering Lead Poisoning As A Criminal Defense, Deborah W. Denno

Fordham Urban Law Journal

A brief survey of the causes and consequences of lead poisoning suggests that lead poisoning is pervasive, particularly among blacks in urban communities, that it's effects can be debilitating, and that it has been linked to disciplinary problems, aggression, and repetitive and oftentimes violent crime. There is a legitimate question, then, about whether lead poisoning should be considered a viable criminal defense. The question of whether lead poisoning should be a defense is perhaps most appropriately placed in the context of debates regarding free will, determinism, and the ability of social scientists to predict the course of any one individual's …

Recent Developments In Legislation

Southeastern Environmental Law Journal

No abstract provided.

Pursuing "Environmental Justice": The Distributional Effects Of Environmental Protection, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is to explore the distributional side of environmental protection and, more particularly, to explain the significance of including environmental justice concerns into the fashioning of environmental protection policy. Unlike earlier legal commentary, hazardous waste facility siting is not this Article's dominant focus. It offers a broader, more systemic, examination of environmental protection laws and policies. The Article is divided into three parts. First, it describes the nature of the problem. This includes a discussion of the varied distributional implications of environmental protection laws, as well as the ways in which racial minorities could receive too …

Race(Ial)Matters: The Quest For Environmental Justice Review Essay, Sheila R. Foster

Faculty Scholarship

The essays contained in Race and the Incidence of Environmental Hazards: A Time For Discourse and the recent report by the United States Environmental Protection Agency (EPA), Environmental Equity: Reducing Risk For All Communities represent what appears to be a remarkable consensus that low-income and minority communities bear a disproportionate share of environmental exposures and health risks. These two works also reflect the synergy of efforts by various elements of both the traditional civil rights and mainstream environmental movements to address issues of "environmental racism." Indeed, the current "environmental justice," or "environmental equity,"' movement is a combined effort of grassroots …

Lessons From Federal Pesticide Regulation On The Paradigms And Politics Of Environmental Law Reform, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

The Record - Vol. 21, Issue 16, 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.

A Curious Document Recently Discovered In The Archives, Peter Tillers

Cardozo Law Review

The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …

Remedies For Environmental Racism: A View From The Field, Luke W. Cole

Michigan Law Review

The Michigan Law Review's recent Note, Remedying Environmental Racism, is an important and timely analysis of a civil rights law-based approach to environmental justice work - one of the first to emerge from legal academia. It correctly points out the high hurdles that toxic racism's victims must overcome to successfully pursue such a strategy. Godsil's piece will hopefully spur more academic and on-the-ground work in this nascent legal field, which I call "environmental poverty law" - that is, representing low-income communities (often, in this field, communities of color) facing environmental hazards. As a practitioner of environmental poverty law …