Digital Commons Network^™

Thirsty For Change: Desalination As A Practical And Environmentally Friendly Answer To California’S Growing Water Shortage, Matthew C. Lewis

University of San Francisco Law Review

This Comment argues that desalination is a practical, environmentally friendly, and long-term water solution for California.

The House Of The Rising Sun: Homeowners' Associations, Restrictive Covenants, Solar Panels, And The Contract Clause, Kristina Caffrey

Natural Resources Journal

No abstract provided.

The Global Food Crisis: Law, Policy And The Elusive Quest For Justice, Carmen G. Gonzalez

Faculty Articles

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …

Being Virtuous And Prosperous: Sri's Conflicting Goals, Benjamin J. Richardson

All Papers

No abstract provided.

Incommon- Winter/Spring 2010, Alumni Association Staff

InCommon

No abstract provided.

Dammed And The Damned: Draining The Bucket Dry, Carla Steiger

Browse all Theses and Dissertations

This thesis investigates how people displaced from the construction of large dams in seek environmental justice. I studied the importance of regime type, the creation of protest groups and the formation of alliances with national, international organizations, and the media. In a comparison between protest movements against the Three Gorges Dam in China and the Sardar Sarovar Dam in India, displaced populations suffered from loss of community, livelihood, and health and were victimized by corrupt actors that supported the dams. The rapid economic development of these two countries emerged as a major point of comparison between the two. Regime type …

Coasean Blindspots: Charting The Incomplete Institutionalism, Gregg P. Macey

Faculty Scholarship

No abstract provided.

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …

Prolonged Injustice In Urban America, Jametta Magwood, Edith M. Williams, Saundra H. Glover

Faculty Publications

Environmental inequality is the suggestion that the working class, the poor, persons of color, and ultimately the economically disadvantaged are subjected to living conditions that may prove to be hazardous both personally, professionally, and also to the infrastructure of the urban communities that these people inhabit. These injustices affect not only housing but education, quality healthcare access, and access to employment. This article investigates the distinct relationship of environmental inequalities imposed in urban communities that are promoted by a prominent institution: the government. It has been suggested that the government is primarily controlled by individuals who are incapable of identifying …

Water Resources, Health, And The Sustainability Of Interventions To Achieve Water And Sanitation Targets Of The Millennium Development Goals In A Changing World, Lauren M. Fry

Dissertations, Master's Theses and Master's Reports - Open

This dissertation addresses sustainability of rapid provision of safe water and sanitation required to meet the Millennium Development Goals. Review of health-related literature and global statistics demonstrates engineers' role in achieving the MDGs. This review is followed by analyses relating to social, environmental, and health aspects of meeting MDG targets.

Analysis of national indicators showed that inadequate investment, poor or nonexistent policies and governance are challenges to global sanitation coverage in addition to lack of financial resources and gender disparity. Although water availability was not found to be a challenge globally, geospatial analysis demonstrated that water availability is a potentially …

How Judicial Hostility Toward Environmental Claims And Intimidation Tactics By Lawyers Have Formed The Perfect Storm Against Environmental Clinics: What's The Big Deal About Students And Chickens Anyway?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Since 1976, when the first environmental clinic was started at the University of Oregon’s law school, clinics have proliferated. Today, approximately one out of five law schools has an environmental clinic. With respect to clinics in general, the Association of American Law Schools Directory of Law Teachers lists “nearly 1400 full-time faculty teaching clinical courses.” Yet far from being an uncontroverted part of the academic landscape, clinics—particularly environmental clinics—have endured political blowback from challenging the environmentally destructive behavior of major economic interests. The effectiveness of environmental clinics is no greater than established environmental organizations—perhaps less effective given the length of …

Climate Change And Institutional Competence, Mark Squillace

Publications

No abstract provided.

The Relevance Of Results Generated By Human Indexing And Computer Algorithms: A Study Of West's Headnotes And Key Numbers And Lexisnexis's Headnotes And Topics, Susan Nevelow Mart

Publications

This article begins the investigation into the different ways results are generated in West's "Custom Digest" and in LexisNexis's "Search by Topic or Headnote" and by KeyCite and Shepard's. The author took ten pairs of matching headnotes from important federal and California cases and reviewed the results sets generated by each classification and citator system for relevance. The differences in the results sets for classification systems and for citator systems raise interesting issues about the efficiency and comprehensiveness of any one system, and the need to adjust research strategies accordingly

Leading In The Legacy Of Vincent De Paul: Reflections On Vincentian Leadership Today, The Hay Project

Hay Leadership Project Books

Vincent on Leadership: The Hay Project awakens and advances the vision, values and leadership practices of St. Vincent de Paul in people and organizations worldwide. Providing research, leadership development and collaboration in the manner of St. Vincent, the Project ensures the continuation of the legacy of St. Vincent de Paul’s organizational genius and leadership skills in the service of others.

Policy Implications Of Changes In Illinois Hog Production, Neil Probst

Research Papers

This paper analyzes the rapid changes of the hog industry in the state of Illinois, with a focus on the impact of increasing scale on local communities and environments. Theory on externalities, regional economics, and efficiencies is explored. A literature review looks at past studies on effects to local environments, health, land values, and economic vitality and explores potential solutions. A regression model is used to determine the impact of increased hog concentration on local Illinois employment rates to see if local economies are strengthened or weakened by large hog operations. Results show Illinois counties that had hog farm loss …

Rare's Implementation Strategies Of Environmental Conservation In Indonesia, Alvaro Arvizo

Open Access Theses & Dissertations

Like most developing nations, Indonesia is at a crucial stage in its modern political and economic history. Opposing forces are constantly at work, a government struggling to make Indonesia a modern nation and the economic demands of a growing population. This presents the country with a multitude of problems. One of several is that nature's resources are exploited for personal economic gain with no regard for the long-term effects. This is a major concern for environmental conservation and non-profit government organizations (NGOs) worldwide. The American NGO Rare is at the forefront of this issue. Its aim is to meet community …

Cap And Trade': Reducing Carbon Emissions And The Climate Change Act 2008, Megan Phillips

The Plymouth Law and Criminal Justice Review

The Climate Change Act 2008 came into force on the 26th November 2008 with the aim of establishing effective regulatory mechanisms to limit the UK's carbon emissions and to mitigate the effects of climate change. The Act effectively introduces two elements into the legal system for reducing the UK's net carbon emissions. First, the legislation enacts measures to mitigate the current damage made to the climate, by introducing carbon reduction commitments and setting targets for industry sectors. Second, it enables the Secretary of State to adapt policies according to the progress of the system, information for which will be provided …

Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder

Faculty Scholarship

This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …

Private Commercial Space Transportation's Dependence On Space Tourism And Nasa's Responsibility To Both, Thomas Brannen

Journal of Air Law and Commerce

No abstract provided.

On-Site Renewable Energy And Public Finance: How And Why Municipal Bond Financing Is The Key To Propagating Access To On-Site Renewable Energy And Energy Efficiency, Jason R. Wiener, Christian Alexander

Santa Clara High Technology Law Journal

No abstract provided.

The Art Of Caring: Woman And Restorative Justice, Peggy Lobb

Antioch University Dissertations & Theses

The process of restorative justice involves the caring compassion of others by providing support for the peaceful resolution of the conflict. The term restorative justice is used to describe a justice practice that has been in existence for hundreds of years in many indigenous communities. Recently, it is emerging in modern criminal justice systems as a way to obtain fair reparation for the victim and to offer an opportunity for the victim and the offender to mediate and reconcile after the offense to restore balance and peace to the community. The process involves the participation of the victim, offender, and …

Designing Payments For Ecosystem Services, James Salzman

Faculty Scholarship

This Policy Series by James Salzman brings attention to a rapidly developing phenomenon—payments for ecosystem services (PES).

Salzman, the Samuel F. Mordecai Professor of Law and the Nicholas Institute Professor of Environmental Policy at Duke University, explains when and where ecosystem services can be provided by voluntary markets rather than government actions. The key to understanding how PES work is rooted in the basis of any voluntary market transaction—gains from trade. One party agrees to take action because another party offers an incentive. Both parties benefit. A beekeeper, for example, brings her hives to an orchard to provide pollination services …

Children Of The Occupation, Preston G. Hartwick

The Mercury

No abstract provided.

Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus

San Diego Journal of Climate & Energy Law

Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.

Understanding Environmental Health Disparities Of Roma Populations In Romania, Jennifer L. Hall

Dissertations and Theses @ UNI

The Roma are the largest and most marginalized minority group of Central and Eastern Europe (CEE) with the highest number residing in Romania. Their problems and struggles are multi-faceted and deeply rooted in a long history of discrimination and stigmatization. Over the years, many strategies have been developed and implemented across CEE, yet very few studies have addressed their environmental and occupational health issues. Moreover, because the vast majority of these studies have employed quantitative methodology, they have had the unfortunate effect of dehumanizing and devaluing the Roma people through scientific reductionism.

The purpose of this study was to gain …

Maximizing Societal Benefits Associated With Alternative Fuel Subsidies: The Case Of Plug-In Hybrid Electric Vehicles, Samir Nazir

Theses

Government seeks to improve the welfare of its citizenry and intervenes in marketplaces to maximize benefits when externalities are not captured. By analyzing how welfare changes from area to area across the country in response to the same intervention informs where government should act. This thesis analyzes the case of plug-in hybrid electric vehicles (PHEVs). PHEVs have many societal benefits, including improving national security, economic, environmental, and health advantages. The magnitude and distribution of these benefits depends on where PHEVs are deployed. This thesis develops and applies a methodology to determine if the benefits from PHEV deployment vary across the …

Of Camels And “Ca-Mail”: Engaging Complex Representations Of Bedouins In Activism, Emily Mckee

Faculty Articles, Papers, and Other Scholarship

While conducting fieldwork with environmental justice activists in the Negev region of Israel, I faced a troubling dilemma regarding representations: Having observed strategic essentialism in activist publicity, how should I uphold both scholarly and socio-political responsibilities? In this article, I suggest that observations of strategic essentialism can help us unmask the power dynamics that shape the rules of public discussion in a society. Taking the example of romantic portrayals of Bedouins as indigenous farmers, I use this image as a springboard in my writing to consider why this essentialization holds rhetorical power in Israel. What does it say about the …

Luke Cole, Brian E. Gray

Faculty Scholarship

No abstract provided.

Forest Carbon Projects And International Law A Deep Equity Legal Analysis, David Takacs

Faculty Scholarship

No abstract provided.

Canaries In The Coal Mine: The Tactical Use Of The National Labor Relations Act To Aid In The Protection Of Non-Union Workers Exposed To Pollutants, Michael C. Duff

All Faculty Scholarship

Canaries were used in times past to alert miners to the presence of dangerous gases in a mine. A canary would die, and the miners would thereby become aware of deadly, but sometimes odorless, gases. Just as canaries have alerted miners to the presence of dangerous gases in mines, workers exposed to dangerous pollutants and conditions in workplaces may function as societal canaries warning the broader public of environmental dangers; but hopefully without having to die in the process. To perform this role, the workers must live to work (and protest) another day. Section 7 of the National Labor Relations …