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Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto Jun 2024

Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto

UMKC Law Review

Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater is often the only available source of drinking water, making protection of groundwater quality in these regions a paramount concern.

Mirroring the various state regulatory approaches to groundwater management and protection, much of the recent media coverage of groundwater in the West focuses on water allocation …


The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross May 2024

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property , Public Access To Nature, And Sustainability In The City, Dr. Sara Gwendolyn Ross

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Santa Clara, 2024-05-10, Santa Clara University May 2024

The Santa Clara, 2024-05-10, Santa Clara University

The Santa Clara

No abstract provided.


The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property, Public Access To Nature, And Sustainability In The City, Sara Gwendolyn Ross May 2024

The Mysterious Case Of The Attacks Against The Halifax Public Gardens: The Enclosure Of "Common" Property, Public Access To Nature, And Sustainability In The City, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

This Article will first describe the “thick” textured approach and methodological tools of urban legal anthropology applicable to researching and analyzing urban contact zones, which is then applied as the Article proceeds with the case study of the Halifax Public Gardens and the tree girdling and arson incidents that took place in 2022 to 2023. To situate the category of property within Halifax and within which the Halifax Public Gardens are found in order to move further into a discussion of property access and enclosure in the city, the Article then provides a description of the categories of urban property …


Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves Apr 2024

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Climate Zoning, Christopher Serkin Apr 2024

Climate Zoning, Christopher Serkin

Notre Dame Law Review

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in-crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and so …


The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan Apr 2024

The Monetary Structure Of Economic Activity: A Constitutional Analysis, Christine Desan

Law and Contemporary Problems

No abstract provided.


Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman Apr 2024

Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman

Law and Contemporary Problems

No abstract provided.


The Missing Half: Revisiting Monetary Remedies To Redress Racial Segregation, Olatunde C.A. Johnson Apr 2024

The Missing Half: Revisiting Monetary Remedies To Redress Racial Segregation, Olatunde C.A. Johnson

Faculty Scholarship

This Essay considers whether courts should have awarded monetary remedies in housing desegregation cases. By examining the relief awarded in public housing desegregation cases brought in United States federal courts between 1966 and 1994, this Essay reveals the limitations of the almost exclusive reliance on forward-looking integration relief as a remedy. The Essay argues that there is a “missing half” of remedies that courts never awarded: compensatory damages for the loss of wealth and opportunity caused by housing segregation. Forward-looking remedies that promised integration have often gone unfulfilled. Understanding these “missing” damages is crucial given recent Supreme Court rulings on …


Environmental Justice, Resilience Justice, And Watershed Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers Apr 2024

Environmental Justice, Resilience Justice, And Watershed Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers

William & Mary Environmental Law and Policy Review

Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an “equity evolution”: watershed planners have begun integrating environmental justice considerations into their plans, often in response to demands by low-income communities of color. This Article explores a comprehensive set of principles, processes, analytical tools, and strategies for equitable watershed planning. It integrates a resilience justice perspective with environmental justice. Resilience justice is concerned with the systemically unequal …


The Abolition Of Woman, Lynne Marie Kohm Apr 2024

The Abolition Of Woman, Lynne Marie Kohm

Cardozo Journal of Equal Rights & Social Justice

The article argues that modern feminist jurisprudence, while initially aimed at advancing women's rights, has deviated from its original goals and now contributes to the erosion of the unique identity and value of women. This shift is evident in areas such as reproduction, gender fluidity, and motherhood, where legal and academic discourse increasingly deconstructs the concept of womanhood, leading to its potential abolition.


Dobbs, Bruen, And Domestic Violence: Fewer Abortions, More Guns, And The Effects Of Both On Survivors Of Intimate Partner Violence, Gemma Donofrio Mar 2024

Dobbs, Bruen, And Domestic Violence: Fewer Abortions, More Guns, And The Effects Of Both On Survivors Of Intimate Partner Violence, Gemma Donofrio

North Carolina Law Review

No abstract provided.


Climate Zoning, Christopher Serkin Mar 2024

Climate Zoning, Christopher Serkin

Vanderbilt Law School Faculty Publications

As the urgency of the climate crisis becomes increasingly apparent, many local governments are adopting land use regulations aimed at minimizing greenhouse gas (GHG) emissions. The emerging approaches call for loosening zoning restrictions to unlock greater density and for strict new green building codes. This Article argues that both approaches are appropriate in some places but not in others. Not all density is created equal, and compact multifamily housing at the urban fringe may actually in- crease GHG emissions. Moreover, where density is appropriate, deregulation will not necessarily produce it. And, finally, green building codes will increase housing costs and …


The Impact Of Regional Tourism Development On The Food Tourism Industry: Case Study Of Tourism Village Assistance Policy In Indonesia And The Influence Of Regional Disparity On Its Effectiveness, Uliannisa Rozdianda, Yohanna M. L. Gultom Jan 2024

The Impact Of Regional Tourism Development On The Food Tourism Industry: Case Study Of Tourism Village Assistance Policy In Indonesia And The Influence Of Regional Disparity On Its Effectiveness, Uliannisa Rozdianda, Yohanna M. L. Gultom

International Review of Humanities Studies

This study aims to identify the impact of the development of tourist areas on culinary businesses by taking the case of the program for the construction of facilities and infrastructure supporting tourism villages which was implemented starting in 2017 and looking at the influence of regional disparities on the effectiveness of assistance which is then compared between the regions of Java-Bali and outside Java-Bali. Using the Difference-In-Differences (DID), the study analyzed the impact of the support program on 115 tourism villages, comparing them to other tourism villages in the same sub-district that did not receive support. The results show that, …


Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana M. Porras Jan 2024

Panama City Reflections: Growing The City In The Time Of Sustainable Development, Ileana M. Porras

Tennessee Journal of Law and Policy

No abstract provided.


The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis Jan 2024

The Radical Potential Of Creating Communities Of Care Through Art, Rhoda Rosen, Amanda Leigh Davis

University of Miami International and Comparative Law Review

No abstract provided.


Building A Strong And Diverse Workforce? Consider Indian Preference, In The Private Sector, Carol Mayo Cochran Jan 2024

Building A Strong And Diverse Workforce? Consider Indian Preference, In The Private Sector, Carol Mayo Cochran

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Empowering Kokal: A Decolonized, Community-Led Development Model In Homa Bay County, Kenya, Kennedy Miruka Jan 2024

Empowering Kokal: A Decolonized, Community-Led Development Model In Homa Bay County, Kenya, Kennedy Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …


Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka Jan 2024

Power Centres: A Collaborative Development Proposal For Addressing Poverty And Related Challenges In Rural Communities In Kenya, Kennedy Okello Miruka, Kennedy Okello Miruka

Regis University Student Publications (comprehensive collection)

In Homa Bay County, Kenya, a community-led development initiative called the Power Centre is transforming the fight against poverty and powerlessness. Grounded in principles of decolonization and participatory action, this project addresses the root causes of marginalization by empowering residents of Kokal Village to become active agents of change. Through a robust mixed-methods research approach, the project identifies systemic challenges and leverages existing social networks to build a sustainable, locally-owned model for development. The Power Centre implements a three-pronged strategy, focusing on increasing community participation, strengthening existing groups, and fostering collaborative networks to weave a robust support system. By addressing …


Do Universities Meet Their Democratic Obligations?, Neil Fulton Jan 2024

Do Universities Meet Their Democratic Obligations?, Neil Fulton

Faculty Publications

No abstract provided.


Knowledge Commons Past, Present, And Future, Michael J. Madison Jan 2024

Knowledge Commons Past, Present, And Future, Michael J. Madison

Lewis & Clark Law Review

The project now known as Governing Knowledge Commons, or GKC, was launched more than 15 years ago on the intuition that skepticism of intellectual property law and information exclusivity was grounded in anecdote and ideology rather than in empiricism. Structured, systematic, empirical research on mechanisms of knowledge sharing was needed. GKC aimed to help scholars produce it. Over multiple books, case studies, and other work, the scope of GKC has expanded considerably, from innovation to governance; from invention and creativity to data, privacy, and markets; and from social dilemmas focused on things to governance strategies directed to communities and collectives. …


Can Medical-Legal Partnerships Do More To Advance Reproductive Justice After Dobbs?, Medha D. Makhlouf, Natasha Rappazzo Jan 2024

Can Medical-Legal Partnerships Do More To Advance Reproductive Justice After Dobbs?, Medha D. Makhlouf, Natasha Rappazzo

Faculty Scholarly Works

The medical-legal partnership (MLP) and reproductive justice (RJ) movements both seek to solve complex problems, serve diverse populations with intersectional challenges, and resolve community conditions that impact people’s ability to reach their highest health potential. Yet MLPs have been overlooked as a strategy to advance reproductive health and justice. MLP has distinct advantages for advancing RJ, and many MLPs might already be doing RJ work without referring to it by name. By intentionally adopting an RJ strategy and explicitly addressing the unmet social and legal needs that limit people’s ability to plan their reproductive futures, MLPs can better serve their …


Corporate Esg Falls Short: Systemic Anti-Black Racism And Inequality Should Be Addressed Through A Cumulative Integrated Approach, Ferrell L. Littlejohn Jan 2024

Corporate Esg Falls Short: Systemic Anti-Black Racism And Inequality Should Be Addressed Through A Cumulative Integrated Approach, Ferrell L. Littlejohn

Fordham Journal of Corporate & Financial Law

In the 1896 case Plessy v. Ferguson, the Supreme Court endorsed the “separate but equal” doctrine, essentially codifying racial segregation. This decision guaranteed that systemic racism would permeate every fabric of society despite the abolition of slavery. Recently, many corporate institutions have pledged to actively support the fight against systemic racism through their environmental, social, and governance (“ESG”) initiatives. Corporate stakeholders have actively advocated for these initiatives, particularly in response to recent scholarship revealing the significant involvement of capitalist institutions in historical slavery, and the continued perpetuation of anti-Black racism. Nevertheless, such initiatives, for example, internal diversity, equity, and …


Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council Jan 2024

Facing The Music: How The Face Act Harms, Rather Than Helps, The Post-Dobbs Abortion Movement, Kyriaki "Kiki" Council

University of Colorado Law Review

No abstract provided.


Environmental Law For A Just Transition, Dayna Nadine Scott Jan 2024

Environmental Law For A Just Transition, Dayna Nadine Scott

Articles & Book Chapters

The environmental justice movement, which turns our attention to fairness in the distribution of environmental benefits and burdens and in the processes, biases and
structures that determine those distributions, is challenging the foundations of environmental law.
• ‘Extractivism’ – a mode of accumulation that necessitates both a high pace and a large scale of taking of natural resources such as fossil fuels – is deeply embedded in environmental law, producing uneven costs/benefits and intense, concentrated impacts on people and ecosystems. Even as we move towards a greener economy, environmental laws and regulations governing such areas as facility siting, pollution permitting, …


From Redlining To Greenlining, Danielle Stokes Jan 2024

From Redlining To Greenlining, Danielle Stokes

Law Faculty Publications

For generations, marginalized communities have been impacted by discriminatory land use, zoning, and property valuation policies, from redlining in the 1930s to the siting of undesirable land uses that persists today. Because of these policies, marginalized communities are forced to contend with low property values, substandard infrastructure, and increased health risks. The very same mechanisms that created these injustices, however, may now be key to addressing them. This Article introduces “greenlining” as a land use planning mechanism that seeks to remediate historical housing, siting, and economic disparities while forging a path toward energy and environmental justice. Greenlining, the productive and …


How To Connect The Unconnected: Broadband Policy In Colorado, Nicole Genevieve Ela Jan 2024

How To Connect The Unconnected: Broadband Policy In Colorado, Nicole Genevieve Ela

Colorado Technology Law Journal

No abstract provided.


Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto Jan 2024

Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto

Publications

No abstract provided.


State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize, Caitlyn Lindstrom Jan 2024

State Taxing Power Over Tribal Leasing Activity: Balancing Bracker With The Call To Modernize, Caitlyn Lindstrom

American University Business Law Review

Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where Indians believe that states are violating legislation or regulations prohibiting state taxation, the Court follows the Bracker balancing test, an interest balancing test that weighs state, federal, and tribal interests. As with most balancing tests, this test lacks strict guidance on how to properly weigh certain …


Just Look At The Map: Bounding Environmental Review Of Housing Development In California, Eric Biber, Christopher S. Elmendorf, Nicholas Marantz, Moira O’Neill Jan 2024

Just Look At The Map: Bounding Environmental Review Of Housing Development In California, Eric Biber, Christopher S. Elmendorf, Nicholas Marantz, Moira O’Neill

Faculty Scholarship

California faces a dire housing crisis. California’s land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality’s ability to outright deny some types of housing development, local governments can and do use creative ways to stall approvals or functionally deny housing by making it infeasible to develop. One such strategy is to demand more intensive environmental review of new housing projects under the California Environmental Quality Act (CEQA) than what state law requires. …