Digital Commons Network^™

Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer

University of Colorado Law Review

No abstract provided.

Panel Ii: Natural Resources, Economics, And The Environment: Global Issues Facing Native Communities [Panel Discussion], Frank Pommersheim

Faculty Publications

No abstract provided.

Brownfields Redevelopment, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio+ 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions of Agenda 21 …

Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf

Law Faculty Publications

The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. ...

Farmworkers As An Environmental Justice Issue: Similarities And Differences, Eileen Gauna

Faculty Scholarship

This paper endeavors to situate farmworker issues within a broader context of issues in environmental regulation. Environmental regulation is itself a subset of a broader universe of environmental justice concerns. In approaching the issue this way, the author highlights some of the similarities farmworker issues share with other regulatory environmental justice issues. The author highlights the dramatic differences as well. Leaving to others the task of describing the dire conditions of the farmworker, the author takes two important examples of regulatory mechanisms designed to protect farmworkers and describe some of the commonalities. The two sites of regulatory activity used are …

Green In Everybody's Neighborhood: Assessing The Distribution Of Parks And Open Spaces In The City Of Providence, Krista Alessandro

Open Access Master's Theses

Scholarship on environmental justice has focused on such issues as the concentration of hazardous commercial activities and lack of transportation options in poorer, minority communities. Although we must recognize and address the discriminatory distribution of environmental harms, real environmental justice also requires a fair distribution of such environmental goods as the presence of high quality green space and different forms of recreational activities. Ulrich (1993) argues that urban civilizations throughout the centuries have made continuous efforts to maintain contact with natural settings through gardens or parks. Furthermore, he states that providing parks can improve psychological and physical well-being in addition …

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.

Is Environmental Quality Improving For Environmental Justice Communities? An Examination Of Trends In Toxic Pollution Levels In Texas., Michael J. Meleady

Graduate Theses, Dissertations, and Problem Reports (ETD)

The environmental justice movement has focused national attention on the relationships between race, income, and environmental quality. With the signing of Executive Order 12898, one would expect to see improvements in the environmental quality in minority and low-income communities. Using information available through the Toxics Release Inventory (TRI) as the measure of environmental quality, this paper empirically examines trends in toxic chemical release levels within the state of Texas for the years before and after the signing of the Executive Order. The primary hypotheses to be tested are: (1) minority and low-income populations are more likely to live in areas …

Reforming Epa's Organizational Structure: Establishing An Adaptable Agency Through Eco-Regions, Paul S. Weiland, Robert O. Vos

Natural Resources Journal

No abstract provided.

Mandatory Pro Bono Publico For Law Students: The Right Place To Start, Christina M. Rosas

Hofstra Law Review

No abstract provided.

From Harlem To Havana: Sustainable Urban Development Symposium - Environmental Law And Sustainable Development , Sheila R. Foster

Faculty Scholarship

Consider two remarkable places: Harlem, New York and Old Havana, Cuba. These are two different neighborhoods, cities, countries, political systems, economies, and cultures. Yet these two neighborhoods are bound together by a common phenomenon unlimited by geography or differences in political and economic systems. The global prosperity of the last two decades has created historic opportunities to usher in development and revitalization efforts in neglected urban areas across the world! Governments, along with the private sector, have moved capital back to cities or neighborhoods that became endangered from years of disinvestment, lack of economic opportunities, and inadequate access to essential …

"It Was The Best Of Times, It Was The Worst Of Times...:" Science, Rhetoric And A Distribution In A Risky World, Marc R. Poirier

Case Western Reserve Law Review

No abstract provided.

Finding A Remedy For Environmental Justice: Using 42 U.S.C. 1983 To Fill In A Title Vi Gap, Joseph Ursic

Case Western Reserve Law Review

No abstract provided.

A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …

Choosing, Nurturing, Training And Placing Public Interest Law Students, Richard L. Abel

Fordham Law Review

No abstract provided.

John D. Feerick: The Dean Of Ethics And Public Service, Bruce A. Green

Fordham Law Review

No abstract provided.

Sustaining Geographies Of Hope: Cultural Resources On Public Lands, Sandra B. Zellmer

Faculty Law Review Articles

No abstract provided.

The Invisible Patient (Reviewing Sally Satel, How Political Correctness Is Corrupting Medicine (2000)), Barbara A. Noah

Faculty Scholarship

Despite the fact that African-Americans suffer from a variety of health problems at disproportionately higher rates than whites, inequities in the medical system make access to care more difficult for minorities. The problem of racial disparities in health care encompasses more than problems of access or payment, however. Communication difficulties between physician and patient and disparate provision of services covered by insurance also may contribute substantially to health disparities between the races. This review canvasses some of the evidence of differential medical treatment and offers some suggestions that may improve the quality of communication between physicians and patients. In addition …

Replacing Politics With Democracy: A Proposal For Community Planning In New York City And Beyond, Amy Widman

Journal of Law and Policy

No abstract provided.

A Manifesto For The Radical Middle, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and as a result lacks any defining content and principles. I propose an aggressive middle that uses enriched sources of information, agency professional judgment, and transparent adaptive management as its components.

The Future Of Civil Rights: A Dialogue, Margaret E. Montoya

Faculty Scholarship

Eight social science, humanities, and legal scholars discuss a wide range of perspectives on civil rights (edited by John Paul Ryan). The conversation traverses civil rights stories in the U.S. and abroad since 1968, the relationships between immigration and civil rights, the enforcement of civil rights and the role of the courts, and the impact of September 11 on civil rights in the future. Co-authored with John Paul Ryan, Angelo Ancheta, Erik Bleich, Tim Borstelmann, Gloria Browne-Marshall, Chai Feldblum, Anita Hodgkiss, & John D. Skrentny

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

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

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

Viewbooks

No abstract provided.

The Third Circuit's Approach To The Private Enforcement Of Administrative Agency Regulations Under Section 1983, Lisa M. Lamb

Villanova Law Review (1956 - )

No abstract provided.

Commentary: Convergence As Movement: Toward A Counter-Hegemonic Approach To Corporate Governance, Kellye Y. Testy

Articles

No abstract provided.

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law, Pace University School of Law.]

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

Articles

My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Linking Progressive Corporate Law With Progressive Social Movements, Kellye Y. Testy

Articles

Professor Testy critically assesses what has been termed a "new" corporate social responsibility project After noting the hegemony of shareholder primacy in corporate law, she critiques four major counter-hegemonic discourses: team production theory, corporate social accountabiity, stakeholder theory, and corporate social responsibility (or progressive corporate law). Finding the first three ineffective foils for the problems of corporate power that have spurred calls for reform, she turns to an examination of the progressive corporate law project. That project, presently poised at a defining juncture as it attempts to use the "master's tools" to "dismantle the master's house," nonetheless holds promise for …