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Articles 1 - 30 of 260
Full-Text Articles in Entire DC Network
Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad
Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad
Jurnal Kriminologi Indonesia
This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …
States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner
States Strip Local Governments Of Authority To Govern Causing Some Rural Communities To Suffer, Terence J. Centner
Kentucky Law Journal
No abstract provided.
Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson
Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson
Pace Environmental Law Review
Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …
Leveraging Citizen Science To Advance Environmental Justice In Climate-Vulnerable Communities Post-Loper Bright, Lauren Valli
Leveraging Citizen Science To Advance Environmental Justice In Climate-Vulnerable Communities Post-Loper Bright, Lauren Valli
Seattle Journal of Technology, Environmental, & Innovation Law
The Supreme Court’s 2024 decision in Loper Bright Enterprises v.
Raimondo removed the judicial obligation to defer to the Environmental
Protection Agency’s statutory interpretations, overturning forty years of
Chevron v. NRDC jurisprudence. Now, generalist judges must
independently evaluate complex scientific data when determining
statutory meaning, creating the risk that well-resourced industry parties
will use their litigation advantages to secure pollution-permissive statutory
interpretations. Without deference to EPA’s technical understanding and
public welfare considerations, environmental litigation outcomes
increasingly depend on which party can most persuasively present
environmental data in court. This interpretation shift widens the
environmental enforcement gap and disproportionately harms historically …
What The Free-Roaming Cats Dragged In: Regulatory Concerns With Privatized Local Services, Jonathan Korger
What The Free-Roaming Cats Dragged In: Regulatory Concerns With Privatized Local Services, Jonathan Korger
Northwestern University Law Review
The United States entrusts local governments to provide citizens with a wide range of public services, and animal control makes up a small but essential piece of these local responsibilities. In recent years, American localities have largely privatized how they manage the nation’s growing free-roaming cat population, relying primarily on animal-loving volunteers and a controversial practice called trap-neuter-return (TNR). Academics have long debated the merits of privatization, but TNR raises a novel question: how should local governments think about regulating a privatized public service when altruism, instead of profits, motivates the service deliverer? This Note argues that TNR demonstrates the …
A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao
A Tale Of Two Credits: The Post-Nestlé Alien Tort Statute And Carbon Credit Externalities, Stephanie Mao
Northwestern University Law Review
As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny has focused on the widespread use of “phantom” carbon credits, i.e., credits that fail to produce meaningful climate benefits. But less attention has been paid to what this Note terms “colonial” carbon credits: those that may technically reduce emissions but do so at the expense of communities abroad. These projects may contribute to land dispossession, human rights abuses, and threats to public and environmental health. Yet, current regulatory and legal frameworks, with their focus …
The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok
The Relevance Of Fr. John A. Kaiser For Human Rights And Peace Advocacy Today, Otieno Ombok
The Journal of Social Encounters
This essay explores the relationship of the work of Fr. John Anthony Kaiser to Kenya’s 2010 Constitution. His life, work, and death embody the very principles and struggles that the new constitution was designed to address. The author also discusses how to continue the work for peace and justice in the spirit of Fr. Kaiser.
The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin
The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin
University of Cincinnati Law Review
No abstract provided.
Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor
Rethinking Ubuntu Philosophy In Nigeria's Environmental Law: A Pathway To Sustainable Plastic Pollution Regulation, Ndubuisi Augustine Nwafor
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Seattle University Law Review
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
UF Law Faculty Publications
For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
Shifting Structural Power: The Tech Energy Transition, Amy L. Stein
Indiana Law Journal
For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …
Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman
Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman
Journal of Earth and Life Science
The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …
Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling
Holding The Line On Academic Freedom In Law School Clinics, Ty Alper, Praveen Kosuri, Beth Lyon, Alicia E. Plerhoples, Laura Riley, Robin Walker Sterling
Georgetown Law Faculty Publications and Other Works
Since the emergence of modern clinical legal education, law school clinics have periodically faced political interference in their selection of clients and cases, interference that threatens clinics’ essential dual missions of training practice-ready lawyers and providing legal services to marginalized clients who would otherwise lack representation. While such pressure is not new, contemporary threats differ in scale and institutional form. Today, funding, oversight, and enforcement mechanisms are weaponized in an attempt to discipline universities, heightening institutional anxiety and prompting some universities to contemplate preemptive constraints on clinic autonomy in the name of risk management and reputational protection. This shift to …
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Nebraska Journal on Advancing Justice
No abstract provided.
Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger
Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger
Loyola Interdisciplinary Journal of Public Interest Law
The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …
Buried Burdens: Contaminated Lands And The Unfinished Business Of The Alaska Native Claims Settlement Act, Yuwen Huyan
Buried Burdens: Contaminated Lands And The Unfinished Business Of The Alaska Native Claims Settlement Act, Yuwen Huyan
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Crisis Convergence, Sarah Medina Camiscoli
Crisis Convergence, Sarah Medina Camiscoli
Northwestern University Law Review
Progressive jurists and legal scholars have called the Supreme Court’s doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students mobilized for racial justice, to understand their interpretation of this race-evasive ideology and what insights those mobilized students might offer in this pivotal moment. Given the fact that a small coalition of dissenting conservative jurists, scholars, and mobilized students—the Federalist Society—spent decades crafting the doctrine, scholarship, and resources that drive colorblind constitutionalism …
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Articles
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Constitutional Futurism As Pedagogy, Jeremiah Chin
Constitutional Futurism As Pedagogy, Jeremiah Chin
Seattle University Law Review
Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan
Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 7-17-2025, Jordan J. Phelan
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan
Law School News: Middle Schoolers Explore The Rule Of Law At Second Annual Mandell-Boisclair Justice Camp 07-17-2025, Jordan J. Phelan
Life of the Law School (1993- )
No abstract provided.
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy
Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Integrating Doctrine & Diversity Speaker Series: Executive Power In The Classroom: Addressing Project 2025 And Executive Orders In The Law School Curriculum 04-09-2025, Roger Williams University School Of Law
Integrating Doctrine & Diversity Speaker Series: Executive Power In The Classroom: Addressing Project 2025 And Executive Orders In The Law School Curriculum 04-09-2025, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang
Pedagogy Of The Polluted: Environmental Justice For School Communities, Sarah M. Hofgesang
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz
Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz
Villanova Environmental Law Journal (1991 - )
No abstract provided.