Digital Commons Network^™

Empowering Energy Justice, Mary Finley-Brook, Erica L. Holloman

Geography and the Environment Faculty Publications

The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent …

Should The United States Create Trading Markets For Energy Efficiency?, Noah M. Sachs

Law Faculty Publications

This Comment examines whether the vision for energy efficiency markets matches the reality. It explains how energy efficiency markets work, examines the handful of energy efficiency markets that have been established to date, and explores the policy challenges inherent in commodifying energy efficiency and making it a tradable good.

Higher Ed's Carbon Addiction, Mary Finley-Brook, Alex Krass

Geography and the Environment Faculty Publications

Each year higher education produces millions of metric tons of greenhouse gases (GHG). As research and study abroad programs span the globe, faculty and staff travel regularly to professional meetings. Colleges compete for prospective students and offer state-of-the-art technology, entertainment, food services, and other high-impact facilities. Universities that market a comfortable, stimulating campus in order to attract and retain talent may resist carbon budgeting, as combustion of dirty fossil fuels currently remains vital to the operation of most campus buildings, sport fields, and labs.

Universities are integral to climate science knowledge production. Nevertheless, policymakers in many academic institutions appear unaware …

Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 25, No. 1 (Fall 2016), Dale Margolin Cecka

Law Faculty Publications

What You Do and Do Not Learn in Law School: A Family Law Associate’s Perspective

Hiring and Supervising New Lawyers: A Family Law Partner’s Perspective

Chair’s Column

Law Faculty News and News and Events Around the Commonwealth

Call for Nomination: William R. Rakes Leadership in Education Award

2016-2017 Board of Governors

Letter From The Editor, Katherine Lent

Richmond Journal of Law and the Public Interest

This issue explores various topics relating to the Civil Rights Act of 1964. The articles in this issue grew out of the Celebrating the 50th Anniversary of the Civil Rights Act Symposium held at the University of Richmond, T.C. Williams School of Law in September 2014.

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Journal of Law and the Public Interest

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …

Environmental Justice As Civil Rights, Wyatt G. Sassman

Richmond Journal of Law and the Public Interest

Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …

Table Of Contents

Richmond Public Interest Law Review

The final issue of Volume XVIII, the Symposium Edition.

Letter From The Editor, Katherine Lent

Richmond Public Interest Law Review

This issue explores various topics relating to the Civil Rights Act of 1964. The articles in this issue grew out of the Celebrating the 50th Anniversary of the Civil Rights Act Symposium held at the University of Richmond, T.C. Williams School of Law in September 2014.

Environmental Justice As Civil Rights, Wyatt G. Sassman

Richmond Public Interest Law Review

Environmental justice litigation using the Equal Protection Clause and civil rights statutes has largely failed. This article explains that failure as a result of a general shift by federal courts to limit the scope of civil rights law rather than an improper characterization of environmental justice as a civil rights issue. This explanation is important to both encourage and caution environmental justice advocates and scholars as they approach claims under Title VIII. I suggest that Title VIII's ability to bridge property and dignity may still present a powerful and much-needed tool for bringing equality to environmental law, but that, based …

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Public Interest Law Review

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …

Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan

Law Student Publications

Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …

Table Of Contents

Richmond Journal of Law and the Public Interest

The final issue of Volume XVIII, the Symposium Edition.

Vulnerability, Robert W. Spires

School of Professional and Continuing Studies Faculty Publications

Vulnerability is susceptibility to, or risk of exposure to, hazards and stresses related to social problems, environmental problems, economic problems, or political problems. The word vulnerability is often used in conjunction with poverty and may specifically imply vulnerability to poverty or to poverty-related issues. Individuals, communities, groups, regions, and nations can be vulnerable and poverty increases this vulnerability.

Climate Justice Advocacy, Mary Finley-Brook

Geography and the Environment Faculty Publications

Creating international policy to combat climate change is one of the biggest public diplomacy challenges of our time. With slow progress in “state-led” forums such as the annual Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC), advocacy coalitions of non-governmental organizations (NGOs) are pressuring decision-makers and working to build global awareness. The power of NGOs is soft since state actors set emissions targets; nonetheless, climate justice organizations persistently broadcast several important messages, including: 1) industrialized nations along with private sector polluters have an obligation to remedy ecological debt; 2) low-income and marginalized populations …

Upstream Corporate Social Responsibility: The Evolution From Contract Responsibility To Full Producer Responsibility, Judith Schrempf-Stirling, Guido Palazzo

Management Faculty Publications

The debate about the appropriate standards for upstream corporate social responsibility (CSR) of multinational corporations (MNCs) has been on the public and academic agenda for some three decades. The debate originally focused narrowly on “contract responsibility” of MNCs for monitoring of upstream contractors for “sweatshop” working conditions violating employee rights. The authors argue that the MNC upstream responsibility debate has shifted qualitatively over time to “full producer responsibility” involving an expansion from “contract responsibility” in three distinct dimensions. First, there is an expansion of scope from working conditions to human rights and social and environmental impacts broadly defined. Second, there …

The Global Slavery Index, Monti Narayan Datta, Fiona David, Kevin Bales, Nick Grono

Political Science Faculty Publications

The Global Slavery Index report is published by the Walk Free Foundation (“Walk Free”). Walk Free is committed to ending all forms of modern slavery in this generation. Modern slavery includes slavery, slavery-like practices (such as debt bondage, forced marriage and sale or exploitation of children), human trafficking and forced labour, and other practices described in key international treaties, voluntarily ratified by nearly every country in the world.

Walk Free’s strategy includes mobilising a global activist movement, generating the highest quality research, enlisting business, and raising unprecedented levels of capital to drive change in those countries and industries bearing the …

The Delimitation Of Corporate Social Responsibility: Upstream, Downstream, And Historic Csr, Judith Schrempf-Stirling

Management Faculty Publications

The dissertation abstract and the reflection commentary present the work of Judith Schrempf. The dissertation examines the latest trends in corporate social responsibility (CSR) and advances a social connection approach to CSR to understand and explain those recent trends. The dissertation abstract provides an overview of the research questions and conclusions of the three-article dissertation. The reflection commentary discusses the author’s views of research process as a junior scholar (see Appendix).

Iirsa And Energy Connectivity In The Amazon: Can Infrastructure Solve Energy Poverty In The Region?, Keon Monroe

Geography and the Environment Capstone Projects

About 85 percent (EIA 2010) of Brazil’s electricity comes from hydropower plants. Recent efforts are expanding the use of hydropower throughout the country and across its Amazonian region. Major programs, both private and in the government, are financing expansion of dams, as well as other transportation infrastructure. The largest infrastructure group in South America, the Initiative For the Integration of Regional Infrastructure in South America (IIRSA), defines its purpose as an aim to strengthen transport, energy, and communications infrastructure under a regional prospective (IIRSA 2011). Thus presumptuously expanded and new infrastructure is essential to providing a better quality of life. …

Ever Expanding Responsibilities: Upstream And Downstream Corporate Social Responsibility, Judith Schrempf-Stirling, Guido Palazzo, Robert A. Phillips

Management Faculty Publications

The debate on corporate social responsibility (CSR) has been on the public and academic agenda for several decades. In general, CSR issues can be divided into production-related issues (along the supply chain - or how things are made) and consumption-related issues (towards the consumer and society at large - or how things are used). Following the terminology of Phillips and Caldweli, Z upstream CSR refers to the CSR debate along the supply chain, and downstream CSR refers to corporate responsibility towards consumers and society at large. The chapter examines current CSR issues, and proposes a social connection model to understand …

Finality In Brownfields Remediation And Reuse, Joel B. Eisen

Law Faculty Publications

The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …

Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux

University of Richmond Law Review

No abstract provided.

Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Tom Arnold, Jerry L. Stevens

Finance Faculty Publications

The history of regulation in the U.S. economy shows a cumulative growth of government involvement in private enterprise that has helped business at times and has been at odds with business at other times. The wavering views on how much regulation is warranted change over time and cut across political and philosophical ideologies. For example, in the first two years of President Barack Obama's administration there was a push for new and large increases in regulation of healthcare and financial markets along with intervention into public markets with massive spending to bailout automakers and financial institutions.

Now, in the second …

Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens

University of Richmond Law Review

The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.

A History Of Resilience Is A History Of Resistance, Melissa Ooten

Women, Gender and Sexuality Studies Faculty Publications

As an historian, I’m struck by the emphasis this documentary places on non-humans – be it animals, plants, soil, or mountains – although as a native of Appalachia, that doesn’t surprise me. The film is billed as “America’s first environmental history series: and as such, it gives us a bold, unique template of how to talk holistically about the concept of place and the specific place of Appalachia. While it may be particularly prescient to talk about the broader concept of place through ecology and other facets when analyzing the history of Appalachia, surely it is no less important when …

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis

University of Richmond Law Review

No abstract provided.

Book Panel Response: Symposium On Ladelle Mcwhorter's Racism And Sexual Oppression In Anglo-America: A Genealogy, Ladelle Mcwhorter

Philosophy Faculty Publications

Unfortunately I do not have space to address individually each issue these four papers raise. Instead, I will first situate my work in relation to identity politics and address fears that my approach is reductive. Then, building on comments from Professors Wilkerson and Al-Saji, I will offer some remarks about aims, methods, and shortcomings.

Richmond Law Magazine: Winter 2008

Richmond Law Magazine

Features:

New Faculty Excel

State of the Family

A Summer at Cambridge

Women Power

Richmond Law Magazine: Summer 2007

Richmond Law Magazine

Features:

Bedrock of Democracy

For the Public Good

Medicine and Law

Special Counsel