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Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.

Fortnightly - 1999

Fortnightly Collated by Year

No abstract provided.

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

Saving Trees And Saving Time: Researching Environmental Law On The Internet, Jennifer Hodgkins

Computer Law Review and Technology Journal

Conducting research on environmental law typically involves using federal and state statutes, administrative regulations, caselaw, law reviews, journals, and other resources in highly technical and scientific areas. Many of these resources are now available on the Internet, enabling lawyers to take advantage of free and convenient access to information. This paper focuses on sites specifically pertaining to environmental law; it will not address more general sites that provide statutes, administrative regulations, and caselaw. Internet sites that may be useful to environmental lawyers are grouped into the following twelve categories:

(1) Federal Government Agencies (page 38)

(2) Texas Government Agencies (page …

Brownfields Policies For Sustainable Cities, Joel B. Eisen

Law Faculty Publications

My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …

Enhancing Autonomy For Battered Women: Lessons From Navajo Peacemaking, Donna Coker

Articles

In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as Peacemaking ignore domestic hierarchies of power and thus facilitate the batterer's ongoing violence against the victim. Those who endorse the use of Navajo Peacemaking and other systems of restorative justice believe that such processes are better equipped to cut through the batterer's denial and victim blaming and are more likely to …

Urban Sprawl, Federalism, And The Problem Of Institutional Complexity, William W. Buzbee

Fordham Law Review

No abstract provided.

Balancing Interests And Maximizing Rights In Envrionmental Law, Tseming Yang

Faculty Publications

No abstract provided.

Environmental Justice And Title Vi Challenges To Permit Decisions: The Epa's Interim Guidance, Maura Lynn Tierney

Catholic University Law Review

No abstract provided.

The Co-Evolution Of Sustainable Development And Environmental Justice: Cooperation, Then Competition, Then Conflict, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, time, and space), whereas environmental justice focuses principally on equity. Over time there is likely to be an increasing number of contexts in which sustainability-based policy solutions do not satisfy environmental justice advocates.

The Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the underpinnings of federal constitutional design.

Environmental Law, Scott D. Deatherage, Scott F. Wendorf

SMU Law Review

No abstract provided.

Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee

St. Mary's Law Journal

A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …

Richmond Law Magazine: Winter 1999

Richmond Law Magazine

Feature:

Preparing for a Wired World

Thy Will Be Done On Earth: Christian Environmental Activism, James V. Bennett

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

Articles

My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Race, Space, And Place: The Geography Of Economic Development, Audrey G. Mcfarlane

San Diego Law Review

In 1993, Congress authorized a community and economic development program called The Empowerment Zone and Enterprise Cities Demonstration Program ("Empowerment Zones Program") to create geographic zones within certain selected cities that would be eligible for special federal attention to alleviate pervasive conditions of

poverty and economic distress within the cities. The program is self- described as a strategy "to create jobs and business opportunities in [the]

most economically-distressed areas of inner cities' by providing tax incentives and social service funds within the zone to stimulate business creation and expansion and attain, over the long-term, revitalization of

the distressed community. The …

Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn

Articles by Maurer Faculty

The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …