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Articles 61 - 74 of 74
Full-Text Articles in Entire DC Network
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 …
A Defense Of Empirical Legal Scholarship, Richard L. Revesz
A Defense Of Empirical Legal Scholarship, Richard L. Revesz
Faculty Articles
In the past twenty years, the legal academy has become quite interdisciplinary in its ambitions and methods. It is therefore natural that scholars in other disciplines-particularly the social scienceswould want to assess the quality of work being done by legal scholars, as Epstein and King have done. At the same time, given the extent to which joint degree holders and otherwise academically trained individuals have moved into legal teaching, it would be surprising if the quality of legal research-particularly empirical research-had not improved dramatically over time, with its tools becoming more sophisticated, the questions it addresses becoming better conceived, and …
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.
Markets And Geography: Designing Marketable Permit Schemes To Control Local And Regional Pollutants, Jonathan Remy Nash, Richard L. Revesz
Markets And Geography: Designing Marketable Permit Schemes To Control Local And Regional Pollutants, Jonathan Remy Nash, Richard L. Revesz
Faculty Articles
In recent years, there has been a steady rise in the use of marketable permits in environmental regulation. They have been employed as tools to control both air and water pollution, and have been implemented on local, regional, and national scales. These trading regimes - based upon a single market in emission permits - do not control the distribution of emissions throughout the trading region or prevent the formation of hot spots of pollution. Over the years, commentators have advocated several alternative design structures to deal with these problems. Each of these alternatives, however, has significant drawbacks, either providing only …
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez
Faculty Articles
The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender
Faculty Articles
Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill
Faculty Articles
This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill
Faculty Articles
This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …
The Content Of Our Characterizations, Paulette M. Caldwell
The Content Of Our Characterizations, Paulette M. Caldwell
Faculty Articles
I argue at the beginning of this Essay that Professor Yamamoto's claim that there exists a divide of chasmic proportions between progressive race theory and legal and political practice asserts too much. Nevertheless, my view of the relationship between theory and practice leads me to suggest that the guidelines he proposes for critical race praxis should be applied to progressive race theory. The tensions he describes in contemporary civil rights litigation exist in, though they do not derive from, progressive race theory.
Environmental Quality As A National Good In A Federal State, Richard B. Stewart
Environmental Quality As A National Good In A Federal State, Richard B. Stewart
Faculty Articles
Adoption of new approaches to securing the national good of environmental quality will depend critically on the intermediaries who determine or influence how public demand for environmental quality is channeled into the design and implementation of concrete environmental policy measures. These intermediaries are political and policy entrepreneurs, the media, legislators, regulators and administrators, environmental groups, industry, and others. Many of these intermediaries have a strong vested interest in the existing centralized command and control system. Many will continue to try to use environmental regulation to extract rents or otherwise advance their interests. These realities must be taken into account in …
Federalism And Interstate Environmental Externalities, Richard L. Revesz
Federalism And Interstate Environmental Externalities, Richard L. Revesz
Faculty Articles
The central purpose of this Article, particularly in light of my prior work, is to refocus the attention of federal environmental regulation. Of the two most prominent reasons for vesting responsibility for environmental regulation at the federal level, the race-tothe- bottom rationale is analytically unsound, despite the fact that much of the legal regime is structured to redress this asserted evil. In contrast, the rationale for federal regulation premised on the problem of interstate externalities is analytically unimpeachable but has not been effectively redressed in the current pollution- control scheme. At a time when federal environmental regulation is under fierce …
Equal Enforcement For All, George Van Cleve
Equal Enforcement For All, George Van Cleve
Faculty Articles
As a premise, there is no reason in this society, at this time, for individuals of any race or economic status to be involuntarily exposed to disproportionate environmental risks. This article argues that if there are disproportionate impacts and you want to do something about it, you tell the government to increase enforcement resources. You tell the government to make sure that there are no exceptions, and that the fact that an employer is a large, local employer and politically influential does not mean that it should get any breaks from anybody for any reason.