Digital Commons Network^™

La Revuelta, Berta Berriz

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Ct Metropatterns, Myron Orfield, Thomas Luce

Studies

Report

The Race Effect On Wrongful Convictions, Arthur L. Rizer Iii

William Mitchell Law Review

No abstract provided.

Special Issues In Environmental Law Involving Federal Agencies, William A. Wilcox Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Kootenai Tribe Of Idaho V. Veneman: The Roadless Rule: Dead End Or Never Ending Road, Kristine Meindl

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Intellectual Property Protection Of Biotechnology And Sustainable Development In International Law, Young-Gyoo Shim

North Carolina Journal of International Law

No abstract provided.

The Environmental Commerce Clause, Christine A. Klein

UF Law Faculty Publications

This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause—the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect.

This study supports two …

In Search Of An Environmental Ethic, Alyson C. Flournoy

UF Law Faculty Publications

A preliminary analysis of several core environmental provisions suggests that the mix of values embedded in our environmental statutes is substantially similar to the values found in the common law and non-environmental statutes. That is, the environmental statutes tend to reflect human concerns that predate any dawning of environmental awareness -- with only a modest introduction of new values or reasons for caring that are uniquely attributable to concern for the human relationship to the environment. If this is true, it seems to undermine a tenet of the public debate. It may call into question the very naming of these …

David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Matt Brown

Sustainable Development Law & Policy

No abstract provided.

The International Significance Of An Instance Of Urban Environmental Inequity In Tijauna, Mexico , Tseming Yang

Fordham Urban Law Journal

Environmental equity problems are not exclusive to any one nation. With a lack of regulations, communities of color and poor, and the prevalence of social marginalization, issues of environmental inequality may occur even more vividly in countries with this climate. In Tijuana, Mexico, Metales y Derivados, an abandoned lead smelter, left its surrounding community, Colonia Cilpancingo, with a litany of health related issues and a hunt for justice from its failure to act with appropriate environmental stewardship. Having gained attention in the international news and exposing a failure of regulatory policies and transnational exploitation, Metales is an example of the …

Florida's Scarlet Letter Repealed: A Retrospective Analysis Of The Constitutionality Of The Florida Adoption Notification Provision And A Commentary On The Future Of The Right To Privacy, Nicholas Ciappetta

Hofstra Law Review

No abstract provided.

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Catholic University Law Review

No abstract provided.

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding …

What's Property Got To Do With It?, David M. Driesen

College of Law - Faculty Scholarship

This essay reviews Daniel Cole's "Pollution & Property," a recent book on property rights regimes for pollution control. It questions the utility of property rights typologies as a means of understanding pollution control regimes. The review provides a detailed analysis of the shift of rights that occurs in going from a traditional regulatory program to an emissions trading program. It finds that the shift does not create a fundamentally different property regime and explains precisely what changes. This analysis also explains the meaning of calls to perfect property rights in this context. The review concludes that Professor Cole's book does …

The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris

Fordham Urban Law Journal

A general overview of the journal's progress and publications.

Diffusing Environmental Regulation Through The Financial Services Sector: Reforms In The Eu And Other Jurisdictions, Benjamin J. Richardson

Articles & Book Chapters

The financial services sector has the potential to be an important facet of future systems of environmental governance. But, so far, only ad hoc policy initiatives have arisen in the EU and other countries addressing the environmental roles of banks or insurers. Because the financial services sector is where wholesale decisions regarding future development, and thus pressures on the environment, arise, reform of investment, banking and insurance services to promote long term investment and better consideration of environmental impacts may be an effective way to promote sustainable development. Reforms such as corporate environmental reporting requirements, mandatory environmental liability insurance, and …

Private Lawyers And Environmental Justice, Michael B. Gerrard

Faculty Scholarship

A private lawyer representing a private client is seldom a crusader. When environmental justice is relevant to a particular matter – the client proposes to build a facility and engages the lawyer to help secure necessary governmental approvals, for example-the lawyer's primary duty must be to the client.

The client in such a case faces two primary types of questions: substantive, such as where and how to build the facility; and procedural, deciding what processes to follow and how much to involve the community in the planning. Typically, by the time the lawyer is brought in, the client already has …

Of Borders, Fences And Global Environmentalism, Tseming Yang

Faculty Publications

No abstract provided.

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

Faculty Publications

No abstract provided.

A High Water Mark: The Article Iv, Section 2, Privileges And Immunities Clause And Nonresident Beach Access Restrictions, Susan M. Cordaro

Fordham Law Review

No abstract provided.

Biographies Of Symposium Participants, American University Law Review

American University Law Review

No abstract provided.

The Built Environment And Its Relationship To The Public's Health: The Legal Framework, Wendy Collins Perdue

Law Faculty Publications

Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article re- views the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment.

Sustainable Development Principles For East Baton Rouge Parish, Xia Li

LSU Master's Theses

This study examines and analyzes the sustainable development indicator data and determines what improvements and recommendations are needed for East Baton Rouge Parish’s development. This thesis has identified methods and indicators for studying sustainable developments, studied patterns of sustainable developments in the East Baton Rouge Parish to identify trends and developed recommendations that would encourage sustainable development in the East Baton Rouge Parish. It forms fourteen sustainable principles that would encourage sustainable development in East Baton Rouge Parish and a framework for a sound development.

2003 Dri Symposium Theme Leaders, Hamline University

DRI Symposia

No abstract provided.

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

Thinking Globally, Acting Locally: Documenting Environmental Activism In New York State, Brian Keough, Amy Schindler

Criss Library Faculty Publications

A significant component of the political history of New York and other states in the second half of the twentieth century is the extraordinary growth of a social movement directed at environmental issues. The authors completed a case study of a documentation project to collect archival records about the history of environmental affairs in New York State. This article critically examines documentation strategy and the evolution of statewide documentation projects in New York, describes the implementation of a documentation project for environmental affairs, and suggests methods for improving the identification and selection of records of enduring value. The project set …

Can Federal Agencies Authorize Private Suits Under Section 1983 - A Theoretical Approach, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article offers a few thoughts on the theory of regulatory enforcement under § 1983. Section 1983, I argue, itself authorizes federal agencies to make their regulations privately enforceable. In recent years, the Supreme Court has announced that federal norms are unenforceable in the absence of clear statutory authorization - a "clear statement rule" for private rights of action. Drawing on key tenets of modern statutory interpretation, I claim that the plain text of § 1983 allows many federal regulations to meet this test. Because § 1983 has an important function in coordinating state regulatory efforts with federal law, a …

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

UC Law Journal of Race and Economic Justice

No abstract provided.

Attempting To Discuss Race In Business And Corporate Law Courses And Seminars, Cheryl L. Wade

St. John's Law Review

(Excerpt)

The challenges of teaching corporate social responsibility and good corporate citizenship have shifted as political and social climates have changed in New York, the United States, and around the world. I discuss some of those challenges in this Article. My primary focus, however, is the challenge of talking about race in business and corporate law courses and seminars.

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.