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2003

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Toward A Symbiosis Of Ecology And Justice: Water And Land Conflicts In Frank Waters, Johns Nichols, And Jimmy Santiago Baca, Thomas Lynch Jan 2003

Toward A Symbiosis Of Ecology And Justice: Water And Land Conflicts In Frank Waters, Johns Nichols, And Jimmy Santiago Baca, Thomas Lynch

Department of English: Faculty Publications

The literary form that dominates writing, and thinking, in the American West is what has become known, definitively, as "the Western." The all-too-familiar narrative describes the advance of Anglo-Saxon pioneers into a primitive and untamed West, spreading the forces of civilization in their wake. A countertradition, however, is prevalent in the Southwest. What we might suitably call "the Southwestern" describes the incursion of an aggressive foreign culture into an already settled region. In this narrative, the conflict is not over how to impose culture and tame and settle the land, but how to protect the culture that already exists and …


Thinking Globally, Acting Locally: Documenting Environmental Activism In New York State, Brian Keough, Amy C. Schindler Jan 2003

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

University Libraries Faculty Scholarship

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 …


2003 Cutr Annual Report, Cutr Jan 2003

2003 Cutr Annual Report, Cutr

CUTR Annual Reports

No abstract provided.


International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion Jan 2003

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …


The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson Jan 2003

The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson

Fordham Urban Law Journal

The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.


The Fordham Urban Law Journal: A New Millennium, Constantine N. Katsoris Jan 2003

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.


Healthy Children, Healthy Communities: Schools, Parks, Recreation, And Sustainable Regional Planning, Robert Garcia, Erica S. Flores, Sophia Mei-Ling Jan 2003

Healthy Children, Healthy Communities: Schools, Parks, Recreation, And Sustainable Regional Planning, Robert Garcia, Erica S. Flores, Sophia Mei-Ling

Fordham Urban Law Journal

Obesity and inactivity have become a troubling crisis for today’s youth. Low-income communities and communities of color are disproportionately affected by these conditions, due to a denial of the benefits of safe open spaces for physical activity and opportunities to be active. The article describes the epidemic of obesity and unfitness in the United States and the statistics associated with inactivity, as well as the health impacts associated with being overweight and obese and the importance of physical activity. Along with the health implications, the trend in obesity is primed to carry huge direct and indirect financial costs. This health …


Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank Jan 2003

Suing Under §1983: The Future After Gonzaga V. Doe, Bradford Mank

Faculty Articles and Other Publications

In 2002, the Supreme Court in Gonzaga University v. Doe held that the nondisclosure provisions of the Family Educational Rights and Privacy Act (FERPA) did not establish an individual right enforceable through 42 U.S.C. §1983. Chief Justice Rehnquist's requirement of clear and unambiguous proof that Congress intended to establish an individual right on behalf of a class including the plaintiff placed an additional burden on plaintiffs by effectively demanding proof that Congress would have wanted thousands of private suits. The requirement eroded the Court's precedent emphasizing the presumptive enforcement of federal statutory rights through §1983. This Article will focus on …


Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner Jan 2003

Transfer Regulations And Cost-Effectiveness Analysis, Eric A. Posner

Articles

Recent scholarship on regulatory oversight has focused on cost-benefit analysis of prescriptive regulations--regulations that restrict behavior such as pollution-and their use to cure market failures, and has overlooked the vast number of transfer regulations. Transfer regulations are regulations that channel funds to beneficiaries. These regulations are authorized by statutes that establish entitlement programs like Medicare and Social Security, pay one-time distributions to victims of misfortunes such as natural disasters and the 9/11 terrorist attack, and fund pork barrel spending. Cost-benefit analysis cannot be used to evaluate transfer regulations because all transfer regulations fail cost-benefit analysis; cost-effectiveness analysis, however, can be …


David, Goliath And The Beach Cleaning Machine: How A Small California Town Fought An Oil Giant—And Won! By Barbara Wolcott, Capital Books, Matt Brown Jan 2003

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

Sustainable Development Law & Policy

No abstract provided.


Edra 34: Bibliography Of Books On Display, Kathleen Demsky Jan 2003

Edra 34: Bibliography Of Books On Display, Kathleen Demsky

Bibliographies

edra 34 | People Shaping Places | Minneapolis, MN


In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner Jan 2003

In The Supreme Court Of The United States Barbara Grutter, Petitioner, V. Lee Bollinger, Et Al., Respondents. On Writ Of Certiorari To The United States Court Of Appeals For The Sixth Circuit, Jerome S. Hirsch, Joseph N. Sacca, Scott D. Musoff, Mark Lebovitch, Linda M. Wayner

Michigan Journal of Gender & Law

Brief of the University of Michigan Asian Pacific American Law Students Association, the University of Michigan Black Law Students' Alliance, the University of Michigan Latino Law Students Association, and the University of Michigan Native American Law Students Association as Amici Curiae in Support of Respondents


Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid Jan 2003

Can The Environmental Justice Movement Survive Without Title Vi Of The Civil Rights Act, Daniel V. Madrid

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Addressing Urban Transportation Equity In The United States , Robert D. Bullard Jan 2003

Addressing Urban Transportation Equity In The United States , Robert D. Bullard

Fordham Urban Law Journal

Transportation touches almost every aspect of our lives and plays a pivotal role in shaping human interactions, economic mobility, and sustainability. Transportation provides access to opportunity and serves as a key component in addressing poverty, unemployment, and equal opportunity goals. This article examines the inequity that exists in the United States when it comes to transit, as the benefits from transportation advancements and investments are not distributed equally among communities, making transportation equity an issue of civil rights and social justice. This article frames transportation issues as a continuation of the civil rights movement and the wrestling with differential treatment …


Brownfields Redevelopment And Superfund Reform Under The Bush Administration: A Refreshing Bipartisan Accomplishment, Melissa H. Weresh Jan 2003

Brownfields Redevelopment And Superfund Reform Under The Bush Administration: A Refreshing Bipartisan Accomplishment, Melissa H. Weresh

Western New England Law Review

No abstract provided.


The George W. Bush Administration And The Environment, Victoria Sutton Jan 2003

The George W. Bush Administration And The Environment, Victoria Sutton

Western New England Law Review

No abstract provided.


From The Trenches: What Hath Bush Wrought For The Environmental Lawyer In Private Practice? Or Much Can-Do About Nothing, Chris Mhyrom Esq. Jan 2003

From The Trenches: What Hath Bush Wrought For The Environmental Lawyer In Private Practice? Or Much Can-Do About Nothing, Chris Mhyrom Esq.

Western New England Law Review

No abstract provided.


Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger Jan 2003

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …


Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels Jan 2003

Legitimate Reasons For Firing: Must They Honestly Be Reasonable?, Rebecca Michaels

Fordham Law Review

No abstract provided.


Sanitary Sewer Overflows: Past, Present, And Future Regulation, David Strifling Jan 2003

Sanitary Sewer Overflows: Past, Present, And Future Regulation, David Strifling

Marquette Law Review

No abstract provided.


Connecticut Metropatterns Part Ii, Myron Orfield, Thomas Luce Jan 2003

Connecticut Metropatterns Part Ii, Myron Orfield, Thomas Luce

Studies

Report


Connecticut Metropatterns Part I, Myron Orfield, Thomas Luce Jan 2003

Connecticut Metropatterns Part I, Myron Orfield, Thomas Luce

Studies

Report


Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow Jan 2003

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.


Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan Jan 2003

Defining The Movement: Parallels Between Feminism And Environmentalism, Alice Kaswan

Cardozo Journal of Equal Rights & Social Justice

The article explores the evolution of the feminist and environmental movements by incorporating diverse voices, highlighting the importance of anti-essentialism and intersectionality. It draws parallels between how both movements have expanded their definitions to address broader social justice issues, moving beyond initial narrow focuses.


Expressivism, Empathy And Equality, Rachel D. Godsil Jan 2003

Expressivism, Empathy And Equality, Rachel D. Godsil

University of Michigan Journal of Law Reform

In this article, Professor Godsil argues that the Supreme Court should not limit its application of heightened scrutiny to facially neutral government actions motivated by discriminatory intent, but rather, that the Court should apply such scrutiny when the challenged government action expresses contempt or hostility toward racial, ethnic, and gender groups or constitutes them as social inferiors or stigmatized classes. This article builds upon recent scholarship seeking to transplant this form of expressivism from the Establishment Clause to the Equal Protection context. However, this article contends that this scholarship has misconceived the test to be applied. For any expressive theory, …


Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler Jan 2003

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Returning To The Roots Of Environmental Justice: Lessons From The Inequitable Distribution Of Municipal Services, Sten-Erik Hoidal Jan 2003

Returning To The Roots Of Environmental Justice: Lessons From The Inequitable Distribution Of Municipal Services, Sten-Erik Hoidal

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin Jan 2003

Holding The United States Accountable For Environmental Damages Caused By The U.S. Military In The Philippines, A Plan For The Future, 4 Asian-Pac. L. & Pol'y J. 320 (2003), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

No abstract provided.


Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett Jan 2003

Strategic Voting And African-Americans: True Vote, True Representation, True Power For The Black Community, Maxine Burkett

Michigan Journal of Race and Law

As long as American politics remain securely bound to the two-party system, Blacks will remain a voting block; a block that may shift, but a block nonetheless. And although this appears to be to our strategic disadvantage, allowing conviction to direct us, as well as a deep respect for the intense struggle for the franchise, will forever be a noble posture.


Books Received, Natural Resources Journal Jan 2003

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.