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Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell Oct 2017

Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell

Seattle University Law Review

This Essay considers the 2015 papal encyclical Laudato si’s engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world, while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si’ is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening a space …


International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu Jul 2017

International Environmental Law, Environmental Justice, And The Global South, Carmen Gonzalez, Sumudu Atapattu

Faculty Articles

No abstract provided.


Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams May 2017

Sovereignty, Safety, And Security: Tribal Governments Under The Stafford And Homeland Security Acts, Heidi K. Adams

American Indian Law Journal

No abstract provided.


The Recent Enactment Of National Mandatory Gmo Labeling Law: Superior To A Voluntary Labeling Scheme But Unlikely To End The Labeling Controversy, Nan Feng Apr 2017

The Recent Enactment Of National Mandatory Gmo Labeling Law: Superior To A Voluntary Labeling Scheme But Unlikely To End The Labeling Controversy, Nan Feng

Seattle University Law Review

Part I of this Note provides background information about the major controversies related to GM foods, including the debate about whether such foods should be labeled, and the history of GMO labeling laws in the United States. Part II compares S. 764 with H.R. 1599 and explains why a national mandatory labeling approach is superior to the voluntary labeling approach advocated by the House. Part III discusses the potential drawbacks and effect of S. 764 and finally concludes that the rulemaking process that will follow may create controversies and litigation.


Student Life E-Newsletter March 27, 2017, Seattle University School Of Law Student Life Mar 2017

Student Life E-Newsletter March 27, 2017, Seattle University School Of Law Student Life

Student Life E-Newsletters

No abstract provided.


Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez Jan 2017

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Faculty Articles

Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.

However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, the U.S. has …


Laudato Si': Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell Jan 2017

Laudato Si': Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell

Faculty Articles

This Essay considers the 2015 papal encyclical Laudato si's' engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world,2 while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si' is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening a space …


Faculty Scholarship Brochure 2017, Seattle University School Of Law Jan 2017

Faculty Scholarship Brochure 2017, Seattle University School Of Law

Faculty Articles

No abstract provided.


Student Life E-Newsletter November 14, 2016, Seattle University School Of Law Student Life Nov 2016

Student Life E-Newsletter November 14, 2016, Seattle University School Of Law Student Life

Student Life E-Newsletters

No abstract provided.


Student Life E-Newsletter November 7, 2016, Seattle University School Of Law Student Life Nov 2016

Student Life E-Newsletter November 7, 2016, Seattle University School Of Law Student Life

Student Life E-Newsletters

No abstract provided.


Dean's Spotlight November 7, 2016, Seattle University School Of Law Dean Nov 2016

Dean's Spotlight November 7, 2016, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.


Table Of Contents, Seattle University Law Review Jul 2016

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman Jul 2016

Environmental Justice And Community-Based Reparations, Catherine Millas Kaiman

Seattle University Law Review

This Article seeks to illuminate the lack of adequate legal remedies that are available for low-income, predominantly minority communities that have suffered historic environmental injustices. The Article not only discusses the lack of adequate legal remedies, but also proposes the use of local, state, and federal reparations programs for communities that have previously suffered environmental injustices; are still living with the effects of environmental injustices, by way of disease, air, soil, and water pollution; or are suffering current and ongoing environmental injustices. As has been recently illustrated by Michigan’s state action of providing lead-contaminated water for over a year to …


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter May 2016

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community or …


Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill Jan 2016

Exposed: Asking The Wrong Question In Risk Regulation, Catherine O'Neill

Faculty Articles

Environmental agencies determine the future state of our air, waters, and soil by reference to people’s recent-past practices. Agency exposure assessors inquire “to what are people exposed?”, and then set health-based standards accordingly. That is, they require environmental conditions sufficient to support only people’s contemporary pursuits. This Article observes that this approach suffers from several infirmities, such that exposure assessment as practiced fails to advance – and often undermines – the health-based goals of environmental and other laws. This Article examines the development of exposure assessment at EPA to uncover how agencies’ inquiry came to focus on contemporary behaviors, rather …


The Environmental Justice Implications Of Biofuels, Carmen Gonzalez Jan 2016

The Environmental Justice Implications Of Biofuels, Carmen Gonzalez

Faculty Articles

Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of environmental justice – including climate justice and food justice. The Article examines the impact of biofuels on the global food system and on the planet’s most food-insecure populations. It concludes that the laws and policies promoting the cultivation of biofuels have contributed to global malnourishment by raising food …


The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery Jan 2016

The Human Right To Clean Air: A Case Study Of The Inter-American System, Varun K. Aery

Seattle Journal of Environmental Law

Combatting environmental damage has become a primary goal of the international community. Unfortunately, international human rights law has not taken this aim seriously. Although the Inter-American regional human rights system, one of three regional human rights institutions, empathizes with protecting the environment, it enervates such goals by barring victims of air pollution and climate change from access to judicial remedies. Seeking to bridge the gap between human rights law and environmental protection, this article explains why clean air is a human right, develops the positive content for such a right, and evaluates the practical reasons that justify the right’s importance. …


The Binding Guidance Principle: Using The Indian Trust Doctrine To Trump The Apa, John Robinson Jr., J.D. Dec 2015

The Binding Guidance Principle: Using The Indian Trust Doctrine To Trump The Apa, John Robinson Jr., J.D.

American Indian Law Journal

No abstract provided.


Dean's Spotlight August 12, 2015, Seattle University School Of Law Dean Aug 2015

Dean's Spotlight August 12, 2015, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.


Appropriate Care Under The Brownfield Amendments: A Better Standard After The Fourth Circuit's Holding In Pcs Nitrogen V. Ashley Ii, Nicholas J. Ortolano Iii May 2015

Appropriate Care Under The Brownfield Amendments: A Better Standard After The Fourth Circuit's Holding In Pcs Nitrogen V. Ashley Ii, Nicholas J. Ortolano Iii

Seattle Journal of Environmental Law

No abstract provided.


Erosion-Induced Community Displacement In Newtok, Alaska And The Need To Modify Fema And Nepa To Establish A Relocation Framework For A Warming World, Ashley Rawlings May 2015

Erosion-Induced Community Displacement In Newtok, Alaska And The Need To Modify Fema And Nepa To Establish A Relocation Framework For A Warming World, Ashley Rawlings

Seattle Journal of Environmental Law

No abstract provided.


The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples, Angelique Townsend Eaglewoman May 2015

The Ongoing Traumatic Experience Of Genocide For American Indians And Alaska Natives In The United States: The Call To Recognize Full Human Rights As Set Forth In The United Nations Declaration On The Rights Of Indigenous Peoples, Angelique Townsend Eaglewoman

American Indian Law Journal

No abstract provided.


U.S. Tax Imperialism, Diane Lourdes Dick Jan 2015

U.S. Tax Imperialism, Diane Lourdes Dick

Faculty Articles

This article uses historical and legal analysis to demonstrate how U.S. domination over Puerto Rico's tax and fiscal policies has been the centerpiece of a colonial system and an especially destructive form of economic imperialism. Specifically, this article develops a novel theory of U.S. tax imperialism in Puerto Rico, chronicling the sundry ways in which the United States has used tax laws to exert economic dominance over its less developed island colony. During the colonial period, U.S. officials wrote and revised Puerto Rican tax laws to serve U.S. economic interests. In more recent years, U.S. tax laws have disadvantaged Puerto …


World Poverty And Food Insecurity, Carmen Gonzalez Jan 2015

World Poverty And Food Insecurity, Carmen Gonzalez

Faculty Articles

Our present global economic order produces a stable pattern of widespread malnutrition and starvation among the poor, with some eighteen million persons dying each year from poverty related causes, and there are likely to be feasible alternative regimes that /ill not produce similarly severe deprivations. If this is so, the victims of avoidable deprivations are not merely poor and starving, but impoverished and starved through an institutional order coercively imposed upon them. There is an injustice to this economic order, which it would be wrong for its more affluent participants to perpetuate.


Environmental Justice, Human Rights, And The Global South, Carmen Gonzalez Jan 2015

Environmental Justice, Human Rights, And The Global South, Carmen Gonzalez

Faculty Articles

From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of environmental human rights. Domestic and international tribunals have concluded that failure to protect the environment violates a variety of human rights (including the rights to life, health, food, water, property, and privacy; the collective rights of indigenous peoples to their ancestral lands and resources; and the right to a healthy environment). Some scholars have questioned the utility of the human rights …


Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez Jan 2015

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez

Faculty Articles

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …


An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett Nov 2014

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …


Lawyer: Fall 2014, Seattle University School Of Law Sep 2014

Lawyer: Fall 2014, Seattle University School Of Law

Lawyer

•Thinking it Through: Cliff Villa writes about trip to Philippines
•A Heart for Mentoring: Catherine Romero ’96 nurtures Latina/o students
•Making an Impact: Brian Howe ’09 inspires social entrepreneurs


Hydrofracking And Enviromental Justice: A Proposal To Lower The Threshold For Evidence Of Discriminatory Impact In Title Vi Complaints, Mfon Etukeren May 2014

Hydrofracking And Enviromental Justice: A Proposal To Lower The Threshold For Evidence Of Discriminatory Impact In Title Vi Complaints, Mfon Etukeren

Seattle Journal of Environmental Law

No abstract provided.


Dean's Spotlight February 24, 2014, Seattle University School Of Law Dean Feb 2014

Dean's Spotlight February 24, 2014, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.