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Suburban Climate Change Efforts: Possibilities For Small And Nimble Cities Participating In State, Regional, National, And International Networks, Hari M. Osofsky

Articles

This Article provides a novel analysis of the capacity of suburbs to play a constructive role in addressing climate change. Small suburban cities represent the majority of metropolitan populations and emissions; encouraging their mitigation efforts, in addition to those of large center cities, is critical. In contrast to the conventional critique of suburbs as an undifferentiated group of sprawling emitters, the Article analyzes pathways for different types of small, nimble, suburban governments to learn from other localities and find cost-effective approaches to reducing emissions. It intertwines scholarship on (1) cities, suburbs, and climate change, (2) the complex demography of suburbs, …

Scaled Legislation And New Challenges In Statutory Interpretation, Jill M. Fraley

Kentucky Law Journal

No abstract provided.

Revisiting The Work We Know So Little About: Race, Wealth, Privilege, And Social Justice, Stephanie M. Wildman, Beverly Moran, Margalynne J. Armstrong

Faculty Publications

No abstract provided.

Importing Democracy: Promoting Participatory Decision Making In Russian Forest Communities, Maria Tysiachniouk, Errol E. Meidinger

Contributions to Books

Published in Environmental Democracy Facing Uncertainty, Cécilia Claeys & Marie Jacqué, eds.

This paper describes how the World Wildlife Fund for Nature (WWF) jump-started democratic institutions in Russian rural communities to create a basis for social, environmental, and economic modernization within the Russian forestry sector. In Russia’s post-soviet markets and institutions, a host of multinational companies and large transnational environmental organizations sought to promote the restructuring of Russia’s legal and economic infrastructure and active subsidiaries in Russia. In order for modern forestry approaches to be imported, management practices that had developed in the West needed to be adapted to Russia’s …

An Overview Of Online Resources For Climate Adaptation Policies Relating To New England Regional, State And Local Municipalities, Nels Schnobrich

Sea Grant Law Fellow Publications

No abstract provided.

Current Resiliency Projects And Potential Partnership Opportunities, Greg Hoffman

Sea Grant Law Fellow Publications

No abstract provided.

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Publications

Local food, local work, local energy production--all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world's global environmental problems. This Article maintains, however, that some forms of localism are actually expressions, appropriate ones, of a planetary environmental consciousness. This Article's centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants, as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely conceptions …

Collaborative As Client: Lawyering For Effective Change, Robin S. Golden

NYLS Law Review

No abstract provided.

Community Economic Development And The Paradox Of Power, Michael R. Diamond

Georgetown Law Faculty Publications and Other Works

This article starts from the premise that poverty is a growing problem in the United States. Intergenerational poverty, the entrenchment of a class of very poor people, is a major sub set of that problem and is tied very closely to the issue of race. The author claims that missing in the fight by the poor and their allies against stratified poverty is the creation and utilization of power. This paper examines the disparate ways in which commentators have defined power. It suggests that those seeking to obtain power must understand the concept’s varying meanings and direct their activities to …

Stakeholder Participation In The Selection And Recruitment Of Police: Democracy In Action, Kami Chavis Simmons

Faculty Publications

Modem police culture tolerates or cultivates police misconduct and corruption in many ways. Failures to identify, monitor, and discipline "problem" officers; a belief that violence is a necessary part of law enforcement; and the code of silence; are organizational characteristics that need to be addressed in order to remedy organizational failures to hold law enforcement officers accountable. In order to address these cultural characteristics, police departments should carefully select police officers less likely to engage in these behaviors and adhere to these beliefs. Viewed through the lens of stakeholder participation, however, a fundamental shift should occur regarding how these new …

Finality In Brownfields Remediation And Reuse, Joel B. Eisen

Law Faculty Publications

The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …

Sustainability As A Means Of Improving Environmental Justice, Patricia E. Salkin, John C. Dernbach, Donald A. Brown

Scholarly Works

This article explains why environmental justice provides much of the foundation for sustainable development, and shows how sustainability can improve our ability to achieve environmental justice. The article first explains a basic but often unrecognized truth about environmental policy: environmental pollution and degradation, sooner or later, harms humans. Both sustainable development and environmental justice respond to this problem, though in somewhat different ways. Sustainable development, however, suggests a broader set of tools to address this problem than are often employed for environmental justice. The article shows how four broad approaches — more and better sustainability options, law for sustainability, visionary …

Smart Growth In Dumb Places: Sustainability, Disaster, And The Future Of The American City, Lisa Grow Sun

BYU Law Review

One of the many lessons of the recent earthquake and tsunami in Japan is that we cannot mitigate disaster risk through building codes and other structural solutions alone. Location is key to a community’s natural hazard vulnerability. Consequently, the most far-reaching and important question for disaster mitigation today is where we will channel the growth that will be needed to accommodate our expanding population. Yet, both environmental scholars and policymakers are promoting sustainability initiatives that will channel our country’s future growth into existing urban areas that are already extremely vulnerable to disaster. Indeed, many of these policies - and the …

Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall

BYU Law Review

No abstract provided.

Current And Emerging Issues In The New Urban Agriculture: A Case Study, Kathryn A. Peters

Journal of Food Law & Policy

Urban agriculture takes many forms, including individual gardens on privately owned land, neighborhood gardens, community gardens, and gardens located on church and school grounds, housing developments, and other publicly owned property. The most essential factors for successful urban agriculture efforts include land acquisition, zoning ordinances, access to affordable water, infrastructure, and support services such as education and outreach. Cities across the United States have formed task forces with the mission of making their cities more sustainable or strengthening the local food supply system; urban agriculture is instrumental in both of these missions. Major cities across the United States are recognizing …

Legislative Study: A Framework To Strengthen Massachusetts Community Mediation As A Cost-Effective Public Service, Susan Jeghelian, Madhawa Palihapitiya, Kaila Eisenkraft

Massachusetts Office of Public Collaboration Publications

This report presents a study of community mediation commissioned by the Massachusetts Legislature in July 2011. The study was conducted by the state office of dispute resolution now known as the Massachusetts Office of Public Collaboration at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 20 years. Its mission is to establish programs and build capacity within public entities for enhanced conflict resolution and intergovernmental and cross-sector collaboration in order to save costs and enable effective problem-solving and civic engagement on major public initiatives.

The report is based on …

Volume 84, Issue 8 (2011)

Obiter Dicta

No abstract provided.

Land Use For Economic Development In Tough Financial Times, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The recession hit cities hard. Basic municipal staffs and services are being cut, debt is being restructured, capital projects delayed, and other cost cutting measures reported. The Congressional Budget Office reports that by November of last year there were 241,000 fewer municipal employees than there were three years earlier when the recession began. In its most recent report from city finance officers, the National League of Cities states that city spending cutbacks since 2009 are the largest since the survey was first taken, over twenty-five years ago. Despite this serious trend, municipalities have not defaulted in debt payment and there …

Sharing The Green: Reformatting Wisconsin's Forgotten Green Space Grant With A Public-Private Partnership Design, Scott W. Brunner

Marquette Law Review

Despite the vast amount of legal research available on brownfields redevelopment generally, little has been done on the value of brownfieldto- greenspace conversions. Brownfield-to-greenspace conversions that incorporate public–private partnership elements may trigger private investment in brownfields when the market alone fails to induce development of contaminated lands. Brownfield-to-greenspace partnerships are a flexible way to redevelop brownfields and maintain complete stakeholder involvement in the cleanup and ownership process. Currently, an unfunded Wisconsin program is set up to provide grants to municipalities for brownfield-to-greenspace conversions. Wisconsin municipalities have used this grant successfully in the past to improve local economic prospects simply by …

Introduction: The Global Politics Of Food, Carmen G. González

University of Miami Inter-American Law Review

No abstract provided.

Food Justice As Interracial Justice: Urban Farmers, Community Organizations And The Role Of Government In Oakland, California, Christopher J. Curran, Marc-Tizoc González

University of Miami Inter-American Law Review

No abstract provided.

Brownfields And The Poor: Is Cleanup A Hazardous Waste Of Time? An Analysis Of The United States' Efforts At Remediation And Their Applicability To Brazil, Krista Yacovone

Fordham International Law Journal

No abstract provided.

Vertical Land Utilization By Means Of Storey Housing Development In Urban Are, Arie Sukanti

Indonesia Law Review

Many international covenants and constitutions have recognized housing and shelter needs as one of many human right aspects. This paper intends to clarify the particular issues relating to paragraph 19 of the United Nations Millennium Declaration, on resolving city slum problems. The Declaration has also embedded initiative to achieve a significant improvement in the lives of at least 100 million slum dwellers as proposed in the “Cities without Slums” by 2020. In the local perspectives, based on existing regulations analysis, the Special Region (DKI) of Jakarta has many problems on forthcoming implementation. Vertical land utilization model by way of storey …

Examining California‘S Sb 375‘S High Density "Sustainable Communities Strategy" And What It Means For Cities With Their Own Low Density Strategies To Curb The Excesses Of Growth: Separate Paths To A Better World?, Byron K. Toma

Washington and Lee Journal of Energy, Climate, and the Environment

In 2006, the State of California adopted a pioneering effort by a mere state to address global warming. The law was known in California as Assembly Bill 32. It sought to mandate that local governments in California reduce Greenhouse Gas Emissions to 1990 levels by 2020. Beyond 2020, the law required greater further reductions at specified milestones. The methods adopted to achieve these reductions were set forth in California Senate Bill 375 which, among other strategies, required regional governments in California to herd local governments into adopting an anti-sprawl approach to growth. That strategy is called the "Sustainable Communities Strategy." …

Getting Into The Field, Jay A. Mitchell

Journal of Food Law & Policy

A group of students enrolled in a law school clinic wanders through a large farmers' market. They stop to chat with the proprietors of a farm that has sold vegetables at the market for many years. They visit with a cheesemaker and an apple grower. A second group learns about the economic costs of organic production from a farmer and talks with an olive oil producer. Both sets of students seem unusually attentive to their surroundings. That may be because the first group helped the sponsor of the market rework the market's rules and regulations, and the second developed a …

Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett

Nevada Law Journal

No abstract provided.

New Froniter In Urban Greenhouse Gas Emissions Regulation: Overview Of California's Senate Bill 375, Kira Hettinger

Sustainable Development Law & Policy

No abstract provided.

The Promise And Perils Of New Regionalist Approaches To Sustainable Communities, Lisa T. Alexander

Faculty Scholarship

This Article argues that "new regionalism" is a form of "new governance." New regionalist approaches include collaborative efforts between cities and outlying suburbs to resolve metropolitan challenges such as affordable housing creation, transportation and sprawl. Such practices focus on regions as key sites for the resolution of public problems that transcend traditional local government and state boundaries. New regionalist praxis responds to local government law's failure to advance equity and sustainability throughout metropolitan regions. New regionalism promotes voluntary agreements and interlocal collaborations, rather than formal government or mandated regulation to resolve regional problems. New regionalism, then, is a form of …

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolon

Journal of Legal Education

No abstract provided.

Encouraging Private Investment In Energy Efficiency, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Combating the negative effects of climate change requires finding ways to increase energy production while reducing energy demand. Many states have programs in place to encourage home and business owners to improve the energy efficiency of their buildings. Despite the clear financial and environmental benefits that result from energy efficiency upgrades, most people have not taken advantage of the programs being offered by their states. This paper begins by addressing the structure of federal and state energy efficiency programs, as well as the existing funding for those programs. It then describes key barriers that prevent energy efficiency programs from motivating …