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Articles 121 - 150 of 157
Full-Text Articles in Entire DC Network
Environmental Justice In The Tribal Context: A Madness To Epa's Method, Catherine O’Neill
Environmental Justice In The Tribal Context: A Madness To Epa's Method, Catherine O’Neill
Faculty Articles
Many American Indian tribes and their members are among those most burdened by mercury contamination. When the Environmental Protection Agency (EPA) set out to regulate mercury emissions from coal-fired utilities, it was aware that mercury contamination and regulation affects tribal rights and resources. EPA's inquiry, therefore ought to have been differently framed, given tribes' unique legal and political status. Specifically, EPA ought to have confronted squarely the impact of its decision on tribes' fishing rights, rather than consider these rights as a mere afterthought. EPA 's process, too, should have been differently conducted EPA should have consulted with tribes from …
Crime-Environment Relationships And Environmental Justice, Avi Brisman
Crime-Environment Relationships And Environmental Justice, Avi Brisman
Seattle Journal for Social Justice
No abstract provided.
Crime-Environment Relationships And Environmental Justice, Avi Brisman
Crime-Environment Relationships And Environmental Justice, Avi Brisman
Seattle Journal for Social Justice
No abstract provided.
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill
Faculty Articles
Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …
Bulletin 2007-2008, Seattle University School Of Law
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Intellectual Property From Below: Copyright And Capability For Education, Margaret Chon
Faculty Articles
An approach to intellectual property from within a human development framework can contribute meaningfully to the WIPO Development Agenda, which was approved by the WIPO General Assembly in September 2007. Setting the proper regulatory balance between exclusive rights and access through exceptions and limitations to those rights is key to building national innovation capacity. A human development framework allows intellectual property norm-setters to prioritize the development of healthy and literate populations who are foundational to the functioning knowledge economies that intellectual property already assumes. Building upon an earlier piece in which Professor Chon posited that a substantive equality principle was …
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Protecting The Tribal Harvest: The Right To Catch And Consume Fish, Catherine O’Neill
Faculty Articles
This article transcribes a presentation delivered by Professor O’Neill at the EPA-Tribal Leaders Summit, hosted by the Confederated Tribes of the Umatilla Indian Reservation, August 21-25, 2006. This article maintains that the call to protect tribal harvests—to ensure healthy and robust fisheries—is at the core of the sovereign compact between the United States and the various Native nations. The United States is, in fact, legally obligated to uphold this compact, manifested prominently in the treaties. The United States and the states are also legally bound to remedy a long history of attempts to assimilate and discriminate against Native peoples and …
Killing Jim Crow And The Undead Nondelegation Doctrine With Privately Enforceable Federal Regulations, Brian J. Sutherland
Killing Jim Crow And The Undead Nondelegation Doctrine With Privately Enforceable Federal Regulations, Brian J. Sutherland
Seattle University Law Review
This Comment has two goals. First, it seeks to contextualize, within the reality of institutional racism, the debate over the private enforceability of federal regulations under 42 U.S.C. § 1983. On the one hand, the regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964 already include many provisions which effectively confront the vestiges of racially discriminatory law and policy. The logical inference is that these perfectly proscriptive federal regulations ought to be enforceable, through private lawsuits if necessary, in order to enjoin and deter such policy and procedure. On the other hand, federal administrative agencies have …
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez
Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez
Faculty Articles
The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …
The Perils Of Risk Avoidance, Catherine O'Neill
The Perils Of Risk Avoidance, Catherine O'Neill
Faculty Articles
This article illustrates that in managing the risks and responding to the harms of environmental contamination, there has been a recent embrace of strategies involving risk avoidance in lieu of risk reduction. Risk reduction strategies aim to clean up, limit, or prevent environmental contamination in the first place. Risk avoidance strategies, by contrast, leave contamination unabated. Risk avoidance strategies address the harms of contamination by requiring those whose circumstances or lifeways leave them exposed to alter their ways, thereby "avoiding" the risk. A recent turn to risk avoidance is problematic on several scores and particularly troubling from the perspective of …
Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez
Markets, Monocultures, And Malnutrition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen Gonzalez
Faculty Articles
Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities, such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under a variety of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental human right …
Bulletin 2006-2007, Seattle University School Of Law
New Strategies For Justice: Linking Corporate Law With Progressive Social Movements, An Introduction, Dana L. Gold
New Strategies For Justice: Linking Corporate Law With Progressive Social Movements, An Introduction, Dana L. Gold
Seattle Journal for Social Justice
No abstract provided.
Lawyer - Spring 2005, Seattle University School Of Law
Lawyer - Spring 2005, Seattle University School Of Law
Lawyer
• Dean Search Committee Members Complete a Job Well Done
• The New Dean is One of Our Own: A “First” for the State’s Largest Law School
• Homeless in Seattle: The Campus Community Gives and Learns
• The Women's Law Caucus Hosted Another "Winner"
Bulletin 2005-2006, Seattle University School Of Law
Redefining The Movement: Art Activism, Michael Shank, Forward By Howard Zinn
Redefining The Movement: Art Activism, Michael Shank, Forward By Howard Zinn
Seattle Journal for Social Justice
No abstract provided.
Guerilla Lawyering, Paul Harris
Guerilla Lawyering, Paul Harris
Seattle Journal for Social Justice
No abstract provided.
Bulletin 2004-2005, Seattle University School Of Law
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Faculty Articles
This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …
Bulletin 2003-2004, Seattle University School Of Law
A Closer Look At Environmental Injustice In Indian Country, Jana L. Walker, Jennifer L. Bradley, Timothy J. Humphrey
A Closer Look At Environmental Injustice In Indian Country, Jana L. Walker, Jennifer L. Bradley, Timothy J. Humphrey
Seattle Journal for Social Justice
No abstract provided.
The Gender Implications Of Corporate Governance Change, Janis Sarra
The Gender Implications Of Corporate Governance Change, Janis Sarra
Seattle Journal for Social Justice
No abstract provided.
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Western Water: The Ethical And Spiritual Questions, Charles Wilkinson
Seattle Journal for Social Justice
No abstract provided.
Info: September 2002, Seattle University Law Library
Info: September 2002, Seattle University Law Library
Law Library Newsletters
•People in the News
•New & Notable
•Library Roundup
Lawyer - Winter 2002, Seattle University School Of Law
Lawyer - Winter 2002, Seattle University School Of Law
Lawyer
• McGee Fulbright Fellowship
• Graduates Named Super Lawyers
• Law and Politics Honorees Take a Bow
• ABA Official Gets Honorary Degree
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Faculty Articles
LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Faculty Articles
The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …
Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey
Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey
Faculty Articles
Professor McGee reviews Cesare Romano's The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach. Cesare R. P. Romano, of the New York University Center for Global Cooperation, argues for and advocates arbitrative processes as the most tenable means of solving transboundary conflicts over the impacts of environmental pollution as well as access to natural resources.
Bulletin 2002-2003, Seattle University School Of Law
Bulletin 2001-2002, Seattle University School Of Law