Digital Commons Network^™

The Precautionary Approach And The International Control Of Toxic Chemicals: Beacon Of Hope, Sea Of Confusion And Dilution, David Vanderzwaag

Articles, Book Chapters, & Popular Press

Toxic chemicals in the environment are a continuing concern. Nearly 80,000 chemicals are on the market in the United States; of those, 200 synthetic chemicals are found in measurable quantities in the bodies of Americans. More than 5 billion kilograms of toxic pollutants are released or transferred each year in North America. Even more alarming, basic toxicological information is lacking for most these chemicals.

Long-range transport of persistent organic pollutants (POPs), chemicals that are persistent and bioaccumulate, is a special concern particularly in the Arctic, which acts as a "sink." Examples of POPs include various pesticides, such as DDT, chlordane, …

Annual Report On Research Activities 2010-2011, Lingnan University (Hong Kong, China)

Annual Report on Research Activities to Research Grants Council

No abstract provided.

New York's Revived Power Plant Siting Law Preempts Local Control, Michael B. Gerrard

Faculty Scholarship

Taking most observers by surprise, the New York State Legislature on June 22, 2011, overwhelmingly passed The Power NY Act of 2011. Governor Andrew Cuomo signed it on Aug. 4. The new law revives Article X of the Public Service Law after a nearly nine-year hibernation. As before, the law creates a one-stop, state-led program for permitting electric generating facilities while preempting local requirements. But the new Article X differs from its predecessor in several important ways: It covers facilities as small as 25 megawatts (down from the prior 80 megawatts threshold), it has even more generous provisions for funding …

Using Brownfields To Think Green: Investigating Factors That Influence Community Decision-Making And Participation, Charissa Ruth Stair

Dissertations and Theses

Brownfield restoration and remediation is a growing concern across the United States. Brownfields are vacant or abandoned properties with real or perceived contamination. Successfully restoring these properties requires strong stakeholder collaboration, including the local community. The purpose of this study was to explore the complexities of creating a community garden on a residential brownfield site located in a low-income, high-minority neighborhood and to gain a better understanding of how a community based project develops and impacts individuals from the community. Specifically, the study investigated who chose to participate in the project, what motivated individuals to become involved and remain committed, …

Youth Voices Of Bounty And Opportunity: High School Students' Experiences With Food And Community, Kara Marie Gilbert

Dissertations and Theses

Currently, garden-based research does not include input from young adults about their experiences and perspectives as individuals in garden-based programs, specifically those that address issues of food and community. To address this void, this qualitative research examines youth perspectives and engagement in garden-based community projects in Olympia, Washington, and Medford, Oregon. The sample of 11 students was chosen from these projects that use food as a means to engage the community and educate underprivileged young adults about local food systems. The main question that the research addresses is: Why, and in what ways, are young adults appropriate agents for community …

Three Sisters Exchange: Building Alliances And Promoting Justice From The United States To Ecuador, Ariel Climer

Capstone Collection

This paper presents a proposal for a social justice and action-based study abroad program with foundations in the short-term reality tours of the education and human rights-based NGO, Global Exchange, a far-reaching non-profit with friendships built on solidarity against the spread of elite globalization. The program is called the Three Sisters Exchange to honor the sustainable design of indigenous crop planting prevalent around the world. The design comes at a time when international educators offer few programs with foci in social justice. The international education field needs more sustainable programs that take into account global systems. A propagation of such …

Rawls's Theory Of Justice A Necessary Extension To Environmentalism, Andrew Greene

Electronic Theses and Dissertations

John Rawls‟s stated intergenerational justice scheme, known as the just-savings principle, does not include an institutional concern for the environment and is therefore incomplete and incapable of maintaining meaningfully just relations between generations. The theory‟s emphasis on economic theory and capital accumulation demonstrates a misinterpretation of environmental issues and concerns as well as their underlying causes and repercussions. This lapse in Rawls‟s intergenerational scheme exposes flaws in his larger theory of justice by leaving the stability of society in question and placing arbitrary burdens on generations and peoples without institutional recourse. However, by supplementing justice as fairness (JAF) with Rawls‟s …

Cheaper, Better, Longer-Lasting: A Rights-Based Approach To Disaster Response In Haiti, Brian Concannon Jr., Beatrice Lindstrom

Emory International Law Review

This Article explores how the failure of the earthquake response is the result of past and current policies that, however well intentioned, fail to adequately respect the human rights of Haitians, especially Haiti's poor. It demonstrates that while the earthquake created new acute human rights challenges for Haiti, it also exposed the disastrous effects of decades-old policies that systematically undermine the Haitian government's ability to provide basic governmental services and meet the needs of the majority of its people. A legacy of debt and international trade policies has incapacitated the Haitian government, and lack of enforcement of the rule of …

Development's Victim Or Its Beneficiary?: The Impact Of Oil And Gas Development On The Fort Berthold Indian Reservation, Raymond Cross

Faculty Law Review Articles

This article assesses whether oil and gas development on the Fort Berthold Indian Reservation, given the critical geographic, legal, and socio-cultural differences which set it apart from the rest of North Dakota, will bring with it potentially devastating and unmanageable impacts that may overwhelm the tribal people of that reservation. The article seeks to fill an analytic gap in the existing oil and gas scholarship that has not, in the author's estimation, given sufficient regard to development's unique rights and impacts in Indian Country.

Book Reviews

New Mexico Historical Review

No abstract provided.

Changing Hearts: The Future Of The Environmental Movement, Emily Casey

Global Tides

For many, the environmental movement is a consumer fad with very little intellectual or emotional investment. Generally, sustainability is deemed a “good thing” but given low priority at both the personal level and the public policy level. In this paper, I argue that environmentalism must be modified to meet the needs of the general populace in order to gain momentum as a contemporary political movement. In other words, I examine how the environmental movement can attract the massive number of active members necessary to change public policy and conclude that this movement will need to adapt to the public in …

Urbanization, Water Quality, And The Regulated Landscape, Dave Owen

University of Colorado Law Review

Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …

Distribution, Use And Cultural Meanings Of Ciprés De Las Guaitecas In The Vicinity Of Caleta Tortel, Chile, Kyla Sara Zaret

Graduate Student Theses, Dissertations, & Professional Papers

This study examined the changing roles of ciprés de las Guaitecas (Pilgerodendron uviferum) in the lives and livelihoods of Tortel community members. A political ecology framework built on concepts of power, scale and social construction was used to problematize the availability of the tree as a resource by revealing the multiple, contrasting perspectives of different socio-political actors. National and international policy documents were analyzed in order to uncover the discourses that drive decision-making at those scales. Participant observation and semi-structured interviews were conducted to explore local people’s knowledge, perceptions and opinions regarding the difficulties they face in accessing and utilizing …

Uf Law Spring 2011, University Of Florida Levin College Of Law

UF Law Magazine

A Leap for Legal Education; Gator Law in the Family; International Engagement; Check & Balance: The speaker, the justice, and the future of Florida's Judicial System

Concealing Danger: How The Regulation Of Cosmetics In The United States Puts Consumers At Risk, Rajiv Shah, Kelly E. Taylor

Fordham Environmental Law Review

No abstract provided.

Ruralism And Patent Litigation In The Eastern District Of Texas, Debra Lyn Bassett

SMU Science and Technology Law Review

No abstract provided.

Making Language Access To Health Care Meaningful: The Need For A Federal Health Care Interpreters' Statute, Alvaro Decola

Journal of Law and Health

This Note will argue that there are strong public policy, and legal and equity considerations for Congress to enact a federal statute to address the inadequacies of the current policies and regulations pertaining to language access to health care. The issue has become a significant one throughout the United States, given the influx of LEP (Limited English Proficiency) Americans navigating the health care system. Part II of this writing discusses the existing federal laws dealing with language access and the hurdles faced by LEP individuals in bringing legal action, because of existing case law on the subject. Part II also …

Community Engagement In Sustainable Design: A Case Study Of The Oberlin Project, Amanda L. Goldstein

Honors Papers

The Oberlin Project is an unprecedented opportunity for the city of Oberlin, Oberlin College, and other participating institutions to work together to achieve sustainable development and carbon neutrality. How might these institutions engage Oberlin citizens in some of the planning decisions that will shape Oberlin's future? Collaborating with citizens is important because in theory, encouraging participatory, collaborative planning contributes to just, equitable, and diverse cities. Study of sustainability initiatives in Chattanooga, Tennessee, for instance, reveal that it is possible for cities to make great leaps at sustainable urbanism while simultaneously building up a strong base of social capital aimed at …

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.

Remarks To The Florida A&M University College Of Law Environmental Law And Justice Symposium, Gwendolyn Keyes Fleming

Florida A & M University Law Review

No abstract provided.

Application Of Title Vi In Indian Country: The Key Is Tribal Sovereignty, Elizabeth Ann Kronk

Florida A & M University Law Review

No abstract provided.

Solidarity, Subsidiarity, And Preference For The Poor: Extending Catholic Social Teaching In Response To The Climate Crisis, Jame Schaefer

Theology Faculty Research and Publications

Grounding Catholic social thought is the belief that each human person has an intrinsic dignity and a desire for relationships with others that should lead to cooperating for their mutual good, making decisions individually and collectively to achieve it, and showing preference for the poor, vulnerable, and suffering in decision-making and actions. Rooted in the sacred scriptures, reflected upon at least implicitly for centuries by theologians, and taught by bishops of the Roman Catholic Church (the magisterium), principles to guide our decisionmaking and actions began to be considered collectively toward the end of the 19th century as “Catholic social teaching” …

Should Substitute Private Attorneys General Enforce Public Environmental Actions - Balancing The Costs And Benefits Of The Contingency Fee Environmental Special Counsel Arrangement, Julie E. Steiner

Santa Clara Law Review

No abstract provided.

A History Of Resilience Is A History Of Resistance, Melissa Ooten

Women, Gender and Sexuality Studies Faculty Publications

As an historian, I’m struck by the emphasis this documentary places on non-humans – be it animals, plants, soil, or mountains – although as a native of Appalachia, that doesn’t surprise me. The film is billed as “America’s first environmental history series: and as such, it gives us a bold, unique template of how to talk holistically about the concept of place and the specific place of Appalachia. While it may be particularly prescient to talk about the broader concept of place through ecology and other facets when analyzing the history of Appalachia, surely it is no less important when …

One Approach To Teaching Maritime Law: The Admiralty Classroom As A Stage, Taylor Simpson-Wood

Saint Louis University Law Journal

No abstract provided.

Environmental Racism : Exploring Suffering And Healing Through Collective Resistance, Brooke Allison Moore

Theses, Dissertations, and Projects

This theoretical study was undertaken to explore how trauma theory can broaden our understanding of the psychological impact of environmental racism, and how liberation theory could be utilized to better prepare social workers to identify and understand the impact of environmental racism in the lives of clients and elucidate the role the profession should play in alleviating this form of oppression. Aspiring to examine the phenomenon and each of the theories from the vantage point of a perspective that falls outside of a dominant lens, this study explored race-based traumatic stress as a crucial element of a comprehensive definition of …

Project Management Training, Bob Mccullouch, Walter Land

JTRP Technical Reports

In 2005 the Indiana Department of Transportation (INDOT) went through a complete reorganization of its operations going from centralized to decentralized (District) management. This reorganization gave Districts autonomy to manage construction projects with one exception all added capacity projects are managed in the central office by the office of project management. Following in 2006 INDOT initiated a program named “Major Moves.” This is a ten year major road building program that was funded partially through a $4 billion lease of the Indiana Toll Road. Through Major Moves annual new construction will go from $213 million in FY 2006 to $1.2 …

Tiebout Sorting And Jurisdictional Homogeneity: Empirical Validity And Ethical Implications, Lee Hachadoorian

Dissertations, Theses, and Capstone Projects

In a seminal paper, Tiebout (1956) argues that a large number of small local governments will function as a market in local services, leading to efficient allocation of local public goods. This result only obtains if households actually move in response to local fiscal differences. Spatial dependence of socioeconomic variables confounds attempts to infer Tiebout-motivated residential choice from observed socioeconomic homogeneity. I correct for this by focusing on socioeconomic difference across local government borders. In an investigation of socioeconomic sorting in Queens and Nassau Counties, NY, I find strong evidence of income sorting at the level of small suburban municipalities …

The Future Of Environmental Dispute Resolution, George (Rock) Pring, Catherine (Kitty) Pring

Denver Journal of International Law & Policy

No abstract provided.

Funding Source Impact On Nonprofit Advocacy Activity, Sean Patrick Naylor

MPA/MPP/MPFM Capstone Projects

Nonprofit organizations are often a tool by which citizens can engage in the policy process. Many nonprofit organizations engage in issue advocacy. For some nonprofit organizations issue advocacy is the purpose for their existence. For others, issue advocacy is a means of meeting organizational goals. Many nonprofits avoid issue advocacy altogether. The IRS places a financial limit on how much issue advocacy a nonprofit organization may engage in. However, most nonprofits won’t ever come close to this limit. Most simply don’t have as great a need for advocacy, while some will self regulate to avoid losing funding sources. Some literature …