Digital Commons Network^™

Locational Justice: Race, Class, And The Grassroots Protest Of Property Takings, Judith E. Koons

Faculty Scholarship

No abstract provided.

Website: 2006 Colby College Undergraduate Research Symposium, Colby College

Undergraduate Research Symposium (UGRS)

Colby College Undergraduate Research Symposium 2006 Website

Contents:

Keynote Speaker

Schedule - Wednesday

Schedule - Thursday

Schedule - Friday

Poster Program

Associated Sessions

Abstracts

Honors Program

Participating Departments/Programs

From The Forest To The River: Citizens' Views Of Stakeholder Engagement, Gregg B. Walker, Susan L. Senecah, Steven E. Daniels

Sociology, Social Work and Anthropology Faculty Publications

Since the early 1990s collaboration and consensus processes have become associated with success in the environmental policy and natural resource policy arenas. Interest in collaboration and consensus processes have emerged, in part, out of a frustration with more conventional efforts used to involve stakeholders, to work though conflicts, and to make decisions in the environmental and natural resource policy arenas. Collaboration and consensus processes, when designed well and applied appropriately, provide opportunities for meaningful stakeholder engagement. This essay features aspects of two government-led or agency-based (Koontz et al. 2004; Moore and Koontz 2003) planning efforts that consider collaboration and citizens/stakeholder …

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

India's Toxic Landfills: A Dumping Ground For The World's Electronic Waste, Nisha Thakker

Sustainable Development Law & Policy

No abstract provided.

Waste Discharge Requirements: Beyond The Point Source, Hastings Law Journal

UC Law Journal

Recent amendments to the Porter-Cologne Water Quality Act withdraw the general waiver for agricultural discharge. Discharges from agricultural lands include irrigation return flow, flows from tile drains, and storm water runoff. Historically, most regional boards regulated these discharges, but recent legislation now requires regional boards to review and renew their waivers or replace them with waste discharge requirements. This Panel of experts discussed the impact of these modified waiver requirements as well as their appropriateness and efficacy in ameliorating waste discharge issues.

News And Legislative Updates, The Modern American Executive Board

The Modern American

No abstract provided.

Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden

UIC Law Review

No abstract provided.

You've Got Waste: The Exponentially Escalating Problem Of Hazardous E-Waste, Jennifer Kutz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Revisiting The Tense Relationship Between The U.S. Supreme Court, Administrative Procedure, And The National Environmental Policy Act, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

This Article addresses the possibility, under the prevailing understanding of NEPA, that an agency might draft a comprehensive report containing information about potential environmental effects and alternate approaches to a proposed plan--and then wholly disregard all of this information in making its final decision. Although an agency may contend that it has “considered” the environmental consequences of alternative courses of action, what if these factors have no actual impact on its final decision? Hypothetically, an agency could simply “steamroll” toward its preferred decision, hurdling NEPA's procedural obstacles without genuinely considering potential environmental harms or the means to avoid them.

This …

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane

All Faculty Scholarship

This essay begins with the proposition that the battle over the exercise of eminent domain as a question of the extent to which we accept local economic development as a proper exercise of local governmental authority. In light of the reality that economic development seeks to accomplish redevelopment to meet the social needs and consumption tastes of the affluent, the issue of local governments' autonomy to engage in redevelopment for economic development purposes is suffused with socioeconomic class struggles over land use. Therefore, the changes wrought by redevelopment challenge us to think and talk about class in ways for which …

Justice Stevens, Judicial Power, And The Varieties Of Environmental Litigation, Kenneth A. Manaster

Fordham Law Review

No abstract provided.

Affirmative Action In Higher Education: Insults, Preferences, And The Dworkin Defense, Matthew Debell

Nebraska Law Review

This Essay analyzes a particular kind of justification for affirmative action in higher education. Ronald Dworkin, in Taking Rights Seriously, advances the position that the insult felt by victims of discrimination has a pivotal effect on the meaning of the act of discrimination, thus rendering the targets of such discrimination victims, and making the discriminatory act unethical and illegal. Conversely, the absence of such insult to those merely denied benefits by policies of affirmative action renders their objections impotent and makes affirmative action an ethical and lawful policy. In this Essay, I assess the confluence of ethical, legal, and psychological …

Killing Jim Crow And The Undead Nondelegation Doctrine With Privately Enforceable Federal Regulations, Brian J. Sutherland

Seattle University Law Review

This Comment has two goals. First, it seeks to contextualize, within the reality of institutional racism, the debate over the private enforceability of federal regulations under 42 U.S.C. § 1983. On the one hand, the regulations promulgated pursuant to Title VI of the Civil Rights Act of 1964 already include many provisions which effectively confront the vestiges of racially discriminatory law and policy. The logical inference is that these perfectly proscriptive federal regulations ought to be enforceable, through private lawsuits if necessary, in order to enjoin and deter such policy and procedure. On the other hand, federal administrative agencies have …

Who Fits The Profile?: Thoughts On Race, Class, Clusters And Redevelopment, Audrey Mcfarlane

All Faculty Scholarship

This essay shifts the discussion of gentrification and redevelopment to consider the mechanics of exclusion in the formulation and operation of today's commercial retail shopping venues typically included in today's urban redevelopment projects. In particular the essay discusses the exclusionary implications of geo-demographic cluster classification systems that use race and class to construct profiles of desirable customers for urban redevelopment schemes.

Black Churchgoers, Environmental Activism And The Preservation Of Nature In Miami, Florida, Eileen M. Smith-Cavros

Journal of Ecological Anthropology

This paper examines connections in three case studies of Black churchgoers in Miami and their views toward the natural environment, from environmental attitudes to activism. There were four major findings in the research. First, there is a link between the preservation of Black history and the preservation of the environment among Black churchgoers who feel a strong connection to rural life. Second, these case studies dispute the stereotype of Black churchgoers as less concerned about the environment due to pressing social concerns in Black neighborhoods. This stereotype artificially separates environmental and social issues. Third, public access to public lands is …

Modern Public Trust Principles: Recognizing Rights And Integrating Standards, Alexandra B. Klass

Articles

The public trust doctrine has a long history from its beginnings as an obligation on states to hold lands submerged under navigable waters in trust for the public, to its resurgence in the 1970s as a protector of natural resources, to its influence on state statutory and constitutional law as the public embraced environmental protection principles. However, many have argued that the public trust doctrine has not lived up to its potential as a major player in environmental and natural resources law. This article proposes a new framework for the public trust doctrine as a state tool for environmental protection …

Focus Emu, December 5, 2006, Office Of Public Information

Focus EMU

No abstract provided.

Digital Justice: Progress Toward Digital Inclusion In Minnesota, Institute On Metropolitan Opportunity

Studies

This IRP report documents the connection between access to the Internet and access to life opportunities such as living-wage jobs. It analyzes the ways Minnesota community technology centers, public schools, public libraries, municipalities, and Indian reservations improved underserved populations? access to technology.

Importing Extended Producer Responsibility For Electronic Equipment Into The United States, Chad Raphael, Ted Smith

Communication

Extended Producer Responsibility (EPR) is a policy approach that holds manufacturers accountable for the full costs of their products at every stage in their life cycle. EPR typically involves requiring that producers take back their products at the end of their useful lives, or pay a recycling contractor to do so, thereby internalizing the costs of recycling or disposal in a manufacturer’s bottom line. When companies know that they will bear the costs of product return and recycling, they are more likely to redesign their products for easier and safer handling at each step in the life cycle. This approach …

Addressing The Arnstein Gap: Improving Public Confidence In Transportation Planning And Design Through Structured Public Involvement (Spi), Keiron Bailey, Ted H. Grossardt

Kentucky Transportation Center Faculty and Researcher Publications

The Transportation Equity Act for the 21st Century, or TEA-21, enacted in 1998, following the Intermodal SurfaceTransportation Equity Act (ISTEA) of 1991, defines the “public” as “citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, representatives of users of public transit, providers of freight transportation services and other interested parties.” More recently the Federal Highway Administration (FHWA) has expanded this definition to include underrepresented groups “such as low income or minority households and the elderly”. In the last decade public involvement has been mandated for all metropolitan and statewide planning processes (TEA), and it …

The Tribal Sovereign As Citizen: Protecting Indian Country Health And Welfare Through Federal Environmental Citizen Suits, James M. Grijalva

Michigan Journal of Race and Law

This Article suggests that federal environmental citizen suits can serve tribal sovereignty interests without presenting the legal risks tribes face when they attempt direct regulation of non-Indians. Section I briefly describes governmental regulatory roles tribes may play in the implementation of federal environmental law and policy. Section II overviews the conceptual and procedural framework for tribal claims as "citizens." Section III argues that in bringing environmental citizen suits, tribal governments exercise their inherent sovereign power and responsibility to protect the health and welfare of tribal citizens and the quality of the Indian country environment. Section IV concludes that, while suits …

The Role Of Customary Rules And Principles Of International Environmental Law In The Protection Of Shared International Freshwater Resources, Owen Mcintryre

Natural Resources Journal

No abstract provided.

Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis

Law Faculty Articles and Essays

This paper is divided into four parts. Part one consists of a general overview of the problem of environmental discrimination. Part two gives a brief discussion of relevant Equal Protection jurisprudence. The section begins with a summary of general Equal Protection law. Then, the section analyzes the primary cases that established the foundation of modem-day Equal Protection doctrine. Part three examines the current application of the intent requirement in environmental discrimination cases. To that end, the section reviews the outcome of three of the early environmental discrimination cases, and speculates about the components that are necessary to prepare a successful …

Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene

Saint Louis University Law Journal

No abstract provided.

Changing The Bathwater And Keeping The Baby: Exploring New Ways Of Evaluating Intent In Environmental Discrimination Cases, Browne C. Lewis

Saint Louis University Law Journal

No abstract provided.

The Social Ecology Of Hurricane Katrina Re-Writing The Discourse Of “Natural” Disasters, Yoosun Park, Joshua Miller

School for Social Work: Faculty Publications

It is increasingly difficult to distinguish natural events from those influenced by human actions. Furthermore, researchers in various fields have established that the level of devastation and the predicted likelihood of recovery of neighborhoods and communities correspond with the amount of political and socioeconomic capital held by neighborhoods and communities prior to disasters such as the Hurricane Katrina. In this paper we analyze the significance of the discourse of “natural disasters” through the framework of social ecology. We contest the neutralist discourse of “natural disasters” by underscoring the numerous interdependent sociopolitical forces, which shape the context in which disasters occur.

Race And Ethnicity In Leisure Behavior: Where Havewe Been And Where Dowe Need To Go?, Dan K. Hibbler Ph.D.

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.