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Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin Jan 2002

Conceptualizing The Field After September 11th: Foreword To A Symposium On Public Health Law, Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.


Sustainable Skepticism And Sustainable Development, Terry L. Anderson, Lea-Rachel Kosnik Jan 2002

Sustainable Skepticism And Sustainable Development, Terry L. Anderson, Lea-Rachel Kosnik

Case Western Reserve Law Review

No abstract provided.


A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen Jan 2002

A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …


Lawyers And The Practice Of Workplace Equity, Susan Sturm Jan 2002

Lawyers And The Practice Of Workplace Equity, Susan Sturm

Faculty Scholarship

Lawyers involved in the pursuit of workplace equity are difficult to pigeon-hole. Of course, the practice of many employment lawyers conforms to conventional understandings of lawyers' roles. These lawyers litigate cases on behalf of management or employees, advise clients about their legal rights and obligations, and define their mission as avoiding liability or winning battles in court.But innovators have crafted interesting and dynamic roles that transcend the traditional paradigm. These innovators connect law, as it is traditionally understood, to the resolution of the underlying problems that create and maintain workplace inequity. Civil rights lawyers working in both public and private …


Environmental Movements Since Love Canal: Hope, Despair & [Im]Mobilization?, Allan Schnaiberg Apr 2001

Environmental Movements Since Love Canal: Hope, Despair & [Im]Mobilization?, Allan Schnaiberg

Buffalo Environmental Law Journal

No abstract provided.


Growth Management: Florida's Past As Prologue For The Future, David L. Powell Jan 2001

Growth Management: Florida's Past As Prologue For The Future, David L. Powell

Florida State University Law Review

No abstract provided.


Environmental Audit Privilege Laws: Stripping The Public's Right To Know, Jennifer Lukas Jackson Jan 2001

Environmental Audit Privilege Laws: Stripping The Public's Right To Know, Jennifer Lukas Jackson

Cleveland State Law Review

This Note argues that because the public places a high premium on its right to know, Congress should enact a federal statute that prohibits a privilege for environmental audits. A federal prohibition on a privilege for environmental audits will make the state statutes unconstitutional under the Supremacy Clause of the United States Constitution. This Note has six parts. Part II provides background on the traditional environmental regulatory regime and the role that the public plays in enforcing environmental statutes. Part III is an analysis of some of the typical state environmental audit privilege laws, including a discussion of the major …


Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman Jan 2001

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman

University of Colorado Law Review

No abstract provided.


Public Health, Ethics, And Human Rights: A Tribute To The Late Jonathan Mann, Lawrence O. Gostin Jan 2001

Public Health, Ethics, And Human Rights: A Tribute To The Late Jonathan Mann, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human rights violations adversely affect the community's health, coercive public health policies violate human rights, and advancement of human rights …


Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter Jan 2001

Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter

University of Florida Journal of Law & Public Policy

No abstract provided.


The Ties That Bind: A Review Of Michael Ignatieff's The Rights Revolution, Cristie Ford Jan 2001

The Ties That Bind: A Review Of Michael Ignatieff's The Rights Revolution, Cristie Ford

All Faculty Publications

Book Review


In Search Of The Qualitative Clear Majority: Democratic Experimentalism And The Quebec Secession Reference, Cristie Ford Jan 2001

In Search Of The Qualitative Clear Majority: Democratic Experimentalism And The Quebec Secession Reference, Cristie Ford

All Faculty Publications

This article attempts to marry direct democratic deliberation with the enforcement of important constitutional norms in the context of a real-life policy question. The question is the secession of Quebec from Canada. The article argues that a referendum is neither the most legitimate nor the most effective way to address the issue. The debate over Quebec's future must be reoriented by reference to the broad normative framework set out by the Supreme Court of Canada in the Reference Re Secession of Quebec, [1998] 2 S.C.R. 217, combined with a new democratic process. This article introduces an innovative constitutional model called …


Nonprofit Organizations In Brownfields Redevelopment: Leveling The Playing BrownField, Ellen B. Sturm Oct 2000

Nonprofit Organizations In Brownfields Redevelopment: Leveling The Playing BrownField, Ellen B. Sturm

Buffalo Environmental Law Journal

No abstract provided.


Legal Needs For The Low-Income Population In Washington, Dc, Lynn E. Cunningham Sep 2000

Legal Needs For The Low-Income Population In Washington, Dc, Lynn E. Cunningham

University of the District of Columbia Law Review

No abstract provided.


The Social Costs Of Moving Water In Northern New Mexico, David Benavides Jun 2000

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.


Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet Jun 2000

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.


Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother Apr 2000

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.


Applying The Disparate Impact Rule Of Law To Environmental Permitting Under Title Vi Of The Civil Rights Act Of 1964, Michael D. Mattheisen Feb 2000

Applying The Disparate Impact Rule Of Law To Environmental Permitting Under Title Vi Of The Civil Rights Act Of 1964, Michael D. Mattheisen

William & Mary Environmental Law and Policy Review

No abstract provided.


Safeguarding International River Ecosystems In Times Of Scarcity, A. Dan Tarlock Jan 2000

Safeguarding International River Ecosystems In Times Of Scarcity, A. Dan Tarlock

Water Law Review

No abstract provided.


Institutionalizing Economic Justice: A Latcrit Perspective On The Imperatives Of Linking The Reconstruction Of "Community" To The Transformation Of Legal Structures That Institutionalize The Depoliticization And Fragmentation Of Labor/Community Solidarity, Elizabeth M. Iglesias Jan 2000

Institutionalizing Economic Justice: A Latcrit Perspective On The Imperatives Of Linking The Reconstruction Of "Community" To The Transformation Of Legal Structures That Institutionalize The Depoliticization And Fragmentation Of Labor/Community Solidarity, Elizabeth M. Iglesias

Articles

No abstract provided.


Constructing Solidarity: Interest And White Workers, Martha R. Mahoney Jan 2000

Constructing Solidarity: Interest And White Workers, Martha R. Mahoney

Articles

No abstract provided.


The Destructive Role Of Land Use Planning, Andrew P. Morriss, Roger E. Meiners Jan 2000

The Destructive Role Of Land Use Planning, Andrew P. Morriss, Roger E. Meiners

Faculty Scholarship

Is land use planning fundamentally different from other forms of central planning? If so, does that difference suggest that land use planning will succeed where other forms of central planning failed? We conclude that land use planning is not fundamentally different from other forms of economic central planning. Further, the working of the market economy, and the long-term success of America's economy, is intertwined in the clear and certain rights and responsibilities generated by the common law of property. The complexity of the modem world does not diminish the need for private property; indeed, it strengthens its imperative. Returning to …


Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane Jan 2000

Race, Space And Place: The Internal Critique Of The Empowerment Zones Program, Audrey Mcfarlane

All Faculty Scholarship

This Article examines the extent to which the Empowerment Zones Program is properly viewed as a neutral, rational, and beneficial program for poor, inner-city communities and their residents by exploring the limits and potential of its chief mechanism, economic development, as a tool to achieve social justice for the inner cities. This Article grounds its exploration within the contested terrain of the city, not simply as a legal or juridical concept, but in terms of its reality as a lived place on the eve of the 21st century.


"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker Oct 1999

"We Have Met The Enemy…" A Book Review Of Sustainable America: America's Environment, Economy, And Society In The 21st Century, David Hahn-Baker

Buffalo Environmental Law Journal

No abstract provided.


Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson Oct 1999

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …


Vol. 3, No. 2: Full Issue, Water Law Review Sep 1999

Vol. 3, No. 2: Full Issue, Water Law Review

Water Law Review

No abstract provided.


Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon Aug 1999

Mediation As A Tool In Local Environmental And Land Use Controversies, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article dedicates itself to highlighting the benefits of alternative dispute resolution. Through the use of mediation and other flexible alternative dispute resolution methods, many conflicts can be resolved without the use of expensive and timely litigation. In turn, court workloads are relieved and cooperation is fostered among neighbors, companies, and other groups or organizations that would have otherwise resorted to litigation to solve a dispute. Negotiations that involve process experts, such as mediators and facilitators, often diffuse disputes by introducing a cooperative, rather than an adversarial attitude. Government is beginning to embrace alternative dispute resolution and legislatures are passing …


Environmental Law At Maryland, No. 9, Summer-Fall 1999 Jul 1999

Environmental Law At Maryland, No. 9, Summer-Fall 1999

Environmental Law at Maryland

No abstract provided.


On Lying For Clients, Thomas L. Shaffer Jun 1999

On Lying For Clients, Thomas L. Shaffer

Notre Dame Law Review

No abstract provided.


Brownfields Policies For Sustainable Cities, Joel B. Eisen Apr 1999

Brownfields Policies For Sustainable Cities, Joel B. Eisen

Duke Environmental Law & Policy Forum

No abstract provided.