Digital Commons Network^™

A Regional Approach To Whaling: How The North Atlantic Marine Mammal Commission Is Shifting The Tides For Whale Management, Brettny Hardy

Duke Journal of Comparative & International Law

No abstract provided.

Globalization And Genocidalism: Fictional Discourse Without Borders (For Fun And Profit), Aleksandar Jokić, Tiphaine Dickson

Philosophy Faculty Publications and Presentations

In this essay we explore the relationship between globalization and genocidalism. “Globalization” is understood as “freedom and ability of individuals and firms to initiate voluntary economic transactions with residents of other countries,” while “genocidalism” is defined as “(i) the purposeful neglect to attribute responsibility for genocide in cases when overwhelming evidence exists, and as (ii) the energetic attributions of “genocide” in less then clear cases without considering available and convincing opposing evidence and argumentation.”

The hypothesis that we defend here as explanatory of globalization’s “surprising” failure to live up to its often repeated theoretical promise that it is not a …

Exile Or Opportunity? The Benefits Of Mastering U.S. Law, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Challenges For Private Sector Conservation: Sanderson's The Future Of Conservation In Tierra Del Fuego, Julia Amrock

Indiana Journal of Global Legal Studies

To date, global protection of biodiversity has been largely dominated by governmental actors. Ecosystems transcending state boundaries find themselves at the mercy of international agreements, for better or for worse. Steven Sanderson of the Wildlife Conservation Society (WCS) suggested for worse in The Future of Conservation, but he gave hope for more effective environmental conservation, if the private sector could gain more standing globally. The plan that Sanderson created for self-assertion of nongovernmental environmental groups describes approaches typically endorsed not by NGOs but by governments: global alliances, political strategy, human-centered conservation, and economic development. This Note isolates the current use …

Global Warming And Transportation System Planning, Bob Yuhnke

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Bob Yuhnke, Robert E. Yuhnke & Associates, Boulder, CO.

4 pages.

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad D. Emerson

Missouri Law Review

This article will analyze the format of the SmartCode, and, since the SmartCode is only a model code that must be legally customized for local jurisdictions, the article will further explain the legal steps that communities must take in order to implement the SmartCode as a zoning option. While doing so, the article will examine how the strict Euclidean structure of today's conventional zoning codes has necessitated the creation of the SmartCode in order to allow communities to legally utilize traditional town and neighborhood planning techniques

House Of The Setting Sun: New Orleans, Katrina, And The Role Of Historic Preservation Laws In Emergency Circumstances, Annie Christoff

Georgetown Law Historic Preservation Papers Series

In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?

Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have a …

Wind Energy And Its Impact On Future Environmental Policy Planning: Powering Renewable Energy In Canada And Abroad, Kamaal Zaidi

ExpressO

With the rising demand for energy from finite conventional sources such as coal and natural gas, the emphasis on modern environmental policy planning for renewable energy is rapidly gaining attention. In particular, wind energy projects that include wind turbine technology is helping drive this trend towards cheaper, cleaner, and more reliable forms of energy that provide electricity to consumers. This paper provides an introductory review of wind energy, outlining its history, technology, and current legislative frameworks adopted by various nations in harnessing renewable energy. This analysis includes a thorough discussion of Canada’s approach, but continues with renewable wind programs in …

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad Emerson

ExpressO

No abstract provided.

Drinking From A Deep Well: The Public Trust Doctine And Western Water Law, Carol Necole Brown

Florida State University Law Review

No abstract provided.

Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart

Articles

No abstract provided.

Towards Principled Oceans Governance: Australian And Canadian Approaches And Challenges, Donald R. Rothwell, David Vanderzwaag

Books

Australia and Canada have been at the forefront of efforts to operationalize integrated oceans and coastal management. Throughout the 1990s both countries devoted considerable effort to developing strategies to give effect to international ocean management obligations.

This key book focuses on principles of marine environmental conservation and management, maritime regulation and enforcement, and regional maritime planning and implementation. With contributions from respected scholars, this informative book collectively assesses the obligations, compliance, implementation and trends in international ocean law, particularly in giving effect to an Oceans Policy, regional maritime planning, international oceans governance, and maritime security. This book will be of …

Hud’S Obligation To “Affirmatively Further” Fair Housing: A Closer Look At Hope Vi, Herbert R. Giorgio Jr.

Saint Louis University Public Law Review

No abstract provided.

Beyond The Buzzwords: A Perspective On Integrated Coastal And Ocean Management In Canada, Aldo Chircop, Lawrence Hildebrand

Articles, Book Chapters, & Popular Press

It is now more than five years since the Oceans Act came into force as Canada’s modern legal framework for integrated coastal and ocean management (ICOM). Although there have been several integrated management initiatives at the national, regional and provincial level, the assessment of the record to date is not a simple matter.

The Unbearable Lightness Of Regulatory Costs, Frank Ackerman

Fordham Urban Law Journal

The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.

Preserving Universal Postal Service As A Communication Safety Net: A Policy History And Proposal, Richard B. Kielbowicz

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Wakarusa Wave: An Essay On Life, Law, And Urban Kayaking, John W. Ragsdale Jr

Faculty Works

The Wakarusa River, a rather modest watercourse, emerges from confinement behind Clinton Dam, near Lawrence, Kansas, and flows dutifully eastward in a regularized, barren channel. Perhaps a half mile beyond the dam, the Wakarusa begins to reassert itself as a natural waterway; trees appear along the banks and the stream enters a shallow gorge. Midway down lies the Wakarusa Wave, described by some as "the best whitewater spot within 400 miles." At highwater, around 1000 c.f.s., there is a standing wave, a deep trough, and a high, foaming reflex wave, oscillating, and undulating in place over a bottom irregularity, which …

Impediments To Environmental Justice: The Inequities Of The Maryland Standing Doctrine, Daniel W. Ingersoll Iv

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Making America ‘The Land Of Second Chances’: Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele S. Williams

Articles & Chapters

No abstract provided.

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.

Advancing The Cra—Using The Cra's Strategic Plan Option To Promote Community Inclusion: The Cra And Community Inclusion, Cassandra Jones Havard

All Faculty Scholarship

Banks, banking regulators, and community organizations have spent nearly thirty years interpreting and re-interpreting the simple but ambiguous mandate of the Community Reinvestment Act (CRA). The statute imposes an affirmative duty requiring "regulated financial institutions to have continuing... obligations to help meet the credit needs of the local communities in which they are chartered." The CRA was met with much resistance and lax enforcement for almost a decade. Active protest from community groups, a more defined CRA exam, and innovative, profitable lending strategies, have resulted in a dramatic increase in community reinvestment dollar commitments and in loans to low- and …

Gendering The Gentrification Of Public Housing: Hope Vi's Disparate Impact On Lowest-Income African American Women, Danielle Pelfrey Duryea

Faculty Scholarship

HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed "HOPE VI," replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed like a worthy pursuit indeed. America's most run-down, crime-ridden, and poverty-plagued residential properties could be transformed into "human-scale" New Urbanist streetscapes, aesthetically continuous with surrounding areas, that would inspire pride and community in their residents. Perhaps most importantly, HOPE VI's required social service component might have seemed, at last, to recognize …

Diversity-Conscious Financial Aid After Gratz And Grutter, Thomas J. Graca

The Journal of Law and Education

No abstract provided.

American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler

William & Mary Environmental Law and Policy Review

No abstract provided.

Community Forests: A Perspective, Robert Mccullough

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

22 pages.

"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."

Slides: Palmetto-Peartree Preserve: Community Forestry In Eastern North Carolina, Mikki Sager

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Mikki Sager, Palmetto-Peartree Preserve, NC

17 slides

The Power Of Law And Women's Presence In The Thaksin Era, Virada Somswasdi

Cornell Law School Berger International Speaker Papers

The term "law" as used here depicts consistency in ideology, intent, presumption and the imposition of definitions on day-to-day human relations, including male-female relations. The power of law is the process of definition, which takes precedence over experiences, and also takes precedence over the meaning that women give to their own lives.

This paper refutes a rigid division of issues within law and adopts a feminist perspective, rather than that of the mainstream structure. Issues identified as significant by the women’s movement are thus emphasized. I do not refer to law as the only tool feminists need to resort to …

Globalized Citizenship: Sovereignty, Security And Soul, Berta Esperanza Hernandez-Truyol

Villanova Law Review (1956 - )

No abstract provided.

The Segregation Of Opportunities, John Lukehart, Tom Luce, Jason Reece

Studies

This IRP report documents race, housing and opportunity in the Chicago region.

Globalized Citizenship: Sovereignty, Security And Soul, Berta E. Hernández-Truyol

UF Law Faculty Publications

Human rights law has redefined the concepts of sovereignty and citizenship. Just as transnationalization has weakened the hegemony of the political elites (corporate economic elites and domestic ruling classes) by strengthening citizenship claims of all persons, so, too, a globalized citizenship grounded on a human rights model will strengthen personhood by denationalizing states' claims on individuals' rights. The human rights narrative has been imagined, crafted and delivered by Northern/Western powers--the hegemon--however, for the human rights model to be of utility to the globalized citizen project, it must be reconstituted with an antisubordination agenda. It must include the voices of the …