Digital Commons Network^™

The Color Of Katrina: A Proposal To Allow Disparate Impact Environmental Claims, Rachael Moshman, John Hardenbergh

Sustainable Development Law & Policy

No abstract provided.

Theocratic Constitutionalism: An Introduction To A New Global Legal Ordering, Larry Catá Backer

Indiana Journal of Global Legal Studies

The twentieth century has seen a fundamental shift in the ways in which constitutions are understood. By the middle of the twentieth century, a new sort of constitutionalism emerged, rejecting the idea of the legitimacy of every form of political selfconstitution. The central assumptions of this new constitutionalism were grounded in the belief that not all constitutions were legitimate, and that legitimate constitutions shared a number of universal common characteristics. These common characteristics were both procedural (against arbitrary use of state power) and substantive (limiting the sorts of policy choices states could make in constituting its government and exercising governance …

To Attain "The Just Rewards Of So Much Struggle": Local-Resident Equity Participation In Urban Revitalization, Barbara L. Bezdek

Hofstra Law Review

Annually, Americans pour out their sympathy for people displaced from their communities by natural disasters such as fires, floods, and hurricanes. We respond, knowing the anchor that the concept of "home" supplies to body, soul, and family; we intuit the toll exacted by the loss of familiar walls, private homes and community-shared places. Yet, redevelopment policy and practice in the U.S. today relies upon the massive relocation of poor people and the destruction of poor people's neighborhoods with only token recognition of the costs and burdens imposed on the displaced. Although the devastation of community, family, and lives is just …

Protecting Environmentally-Sensitive Areas And Promoting Tourism In "The Back Patio Of The United States:" Thoughts About Shared Responsibilities In Ecosystem And Biodiversity Protection, Colin Crawford

Faculty Publications By Year

No abstract provided.

The Boston Mpo Planning Process And Low-Income Suburban-To-Suburban Transportation Needs, Phillip Granberry, Michael Landon, David Terkla

Economics Faculty Publication Series

The rapid evolution in the Boston MPO transportation planning process is discussed as well as its particular application to the suburban-suburban transportation needs of low income individuals. The results of two experiments designed to improve access to transportation for low income suburban individuals are discussed and policy suggestions are made for improving such access.

Book Review: Living In A Contaminated World: Community Structures, Environmental Risks And Decision Frameworks, Dayna Scott

Articles & Book Chapters

This is a book review of Living in a Contaminated World: Community Structures, Environmental Risks and Decision Frameworks. Ed. Ellen Omohundro. Surrey, United Kingdom: Ashgate, 2004.

Fairness In The Air: California's Air Pollution Hearing Boards, Kenneth A. Manaster

Faculty Publications

This article is an update of my earlier article, "Administrative Adjudication of Air Pollution Disputes: The Work of Air Pollution Control District Hearing Boards in California." Because basic features of the law governing California's air pollution hearing boards have remained in place over the years, the original article reportedly continues to be useful for lawyers and others. Nonetheless, some important aspects of the law have changed, and so have many of the practices hearing boards follow. Furthermore, in many parts of the state, hearing boards now often face cases of far greater technical and legal complexity, and environmental and economic …

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

Faculty Publications

No abstract provided.

The Human Right To Environment And The Peaceful Use Of Nuclear Energy, Luis E. Rodriguez-Rivera

Denver Journal of International Law & Policy

No abstract provided.

Saving Our Environment From Washington: How Congress Grabs Power, Shirks Responsibility, And Shortchanges The People (2006), David Schoenbrod

Books

Congress empowered the Environmental Protection Agency on the theory that only a national agency that is insulated from accountability to voters could produce the scientifically grounded pollution rules needed to save a careless public from its own filth. In this provocative book, David Schoenbrod explains how his experience as an environmental advocate brought him to this startling realization: letting EPA dictate to the nation is a mistake.

Through a series of gripping and illuminating anecdotes from his own career, the author reveals the EPA to be an agency that, under Democrats and Republicans alike, delays good rules, imposes bad ones, …

Silence, Absence, And Mystery In Linda Hogan's Mean Spirit, Solar Storms, And Power, Kathryn Erickson

Electronic Theses and Dissertations

In Mean Spirit, Solar Storms, and Power, Linda Hogan uses the devices of silence, absence, and mystery to articulate the oppression and marginalization of Native Americans. Specifically, because of the environmental crises that produce conflict in each novel, the project benefits from ecocriticism, ecofeminism, and ecopsychology. Also, because of various interpretations that open up when silence is examined, theories of deconstruction strengthen the thesis. Ultimately, Hogan's characters move from silence as a form of tyranny to silence as a form of reconnection with tribal ways. As the characters discover pathways to native traditions, they also discover spiritual connections with the …

Regional Carbon Dioxide Permit Trading In The United States: Coalition Choices For Pennsylvania, Adam Rose, Thomas D. Peterson, Zhong Xiang Zhang

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen Gonzalez

Faculty Articles

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …

Addressing Contaminants In Traditional Foods In Alaska: Environmental Justice Framing And Policy Approaches, Mary Beth Mckinley

Graduate Student Theses, Dissertations, & Professional Papers

The transport of contaminants to the Arctic and their presence in traditional foods in the region is causing concern about potential adverse health impacts resulting from exposure to these globally-borne chemicals. In this study, ten stakeholders in the issue of contaminants in traditional foods in Alaska were interviewed to determine how they define the problem, and in doing so, to determine if they perceive that the situation constitutes an environmental injustice for Alaska Natives. The interview transcripts were analyzed using five sub-frames of the environmental justice framework: distributive justice, procedural justice, indigenous rights, corrective justice, and ecological sustainability. The interview …

Old Ground And New Directions At Sacred Sites On The Western Landscape, Kristen A. Carpenter

Denver Law Review

No abstract provided.

Epa's Mercury Cap And Trade Rule: An Environmental Injustice For Women, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

The note critiques the EPA's Clean Air Mercury Rule (CAMR), arguing that it prioritizes economic interests over public health, particularly harming women of childbearing age and vulnerable populations. The rule's reliance on a cap and trade system, delayed implementation, and flawed risk assessment models underestimate mercury exposure risks, disproportionately affecting subsistence communities and low-income groups. The analysis advocates for stricter emissions standards under the Maximum Achievable Control Technology (MACT) framework and greater consideration of gender-specific health impacts in regulatory decisions.

The Erosion Of Private Property Rights After Raleigh Avenue Beach Association V. Atlantis Beach Club, Kristin A. Scaduto

Villanova Law Review (1956 - )

No abstract provided.

President's Report, 2006, University Of Montana (Missoula, Mont.). Office Of The President

University of Montana President’s Report, 1993-2016

The President’s Report of the University of Montana, produced by University Relations on behalf of the President’s Office.

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

Santa Clara Law Review

No abstract provided.

The Workplace Project, Emily Stein

NYLS Law Review

No abstract provided.

The Technical Fix Or The Systemic Solution For Urban Water Quality? A Case Study Of Grassroots Activism On Behalf Of New York City's Drinking Water, Mirele B. Goldsmith

Dissertations, Theses, and Capstone Projects

This case study examines the activities of the Croton Watershed Clean Water Coalition from 1996 until 2004. The Coalition opposed construction of a filtration plant for the Croton water supply. The study traces the Coalition’s campaign against filtration, which took place in the context of the widely heralded New York City Watershed Memorandum of Agreement (1997). Although the Agreement permitted New York City to avoid filtration for its Catskill and Delaware water supplies, plans were laid for filtration of the Croton supply.

My study is informed by political ecology which provides a framework for understanding politics, practices and contradictions involved …

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

UC Law Journal of Race and Economic Justice

No abstract provided.

Civil Claims For Uncivilized Acts: Filing Suit Against The Government For American Indian Boarding School Abuses, Andrea A. Curcio

UC Law Journal of Race and Economic Justice

This country's history is replete with evidence that the United States government deliberately caused the deaths of millions of American Indians. What is less well-known is the government's attempt to destroy the American Indian peoples by forcing generations of American Indian children to attend off-reservation boarding schools. In this article, Professor Curcio describes the use of government-run boarding schools as a way to destroy American Indian childrens' connections to their peoples, and ultimately, as a way to destroy the American Indian peoples. She discusses the schools' harsh and deadly living conditions and the schools' destructive impact upon generations of American …

Impediments To Environmental Justice: The Inequities Of The Maryland Standing Doctrine, Daniel W. Ingersoll Iv

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Creating A Tribal Law Practice Clinic In Kansas: Carving The Peg To Fit The Hole, Aliza Organick

Faculty Scholarship

This article will focus on three main challenges in creating a tribal court practice clinic. The first part will address creating a tribal court focus within an existing clinic curriculum. The second part will address the process of designing a curriculum for the TCPC that includes incorporating the basic doctrinal foundations of federal Indian law, as well as the clinical skills necessary to practice in a tribal court setting. The third part will offer some concluding thoughts on my long-term plans and dreams for TCPC.

The Ecological Life: Discovering Citizenship And A Sense Of Humanity, Jeremy Bendik-Keymer

Faculty Scholarship

Written as a series of lectures, The Ecological Life offers a humanistic perspective on environmental philosophy that challenges some of the dogmas of deep ecology and radical environmentalism while speaking for their best desires. The book argues that being human-centered leaves us open to ecological identifications, rather than the opposite. Bendik-Keymer draws on analytic and continental traditions of philosophy as well as literature and visual media. He argues for a sense of ecological justice consonant with human rights, and shows how humanistic thinking is committed to deepening respect for life and our ecological orientation. In a clear, jargon-free and conversational …

An Ngo's Fight To Save Ukraine's Danube Delta: The Case For Granting Nongovernmental Organizations Formal Powers Of Enforcement, Tanya D. Sobol

Colorado Environmental Law Journal

No abstract provided.

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.

City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster

Faculty Scholarship

One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …

Endocrine Disruptors And Risk Assessment: Potential For A Big Mistake, Keith J. Jones

Villanova Environmental Law Journal (1991 - )

No abstract provided.