Digital Commons Network^™

Rethinking Protections For Indigenous Sacred Sites, Stephanie H. Barclay, Michalyn Steele

Journal Articles

Meaningful access to sacred sites is among the most important principles to the religious exercise of Indigenous peoples, yet tribes have been repeatedly thwarted by the federal government in their efforts to vindicate this practice of their religion. The colonial, state, and federal governments of this Nation have been desecrating and destroying Native American sacred sites since before the Republic was formed. Unfortunately, the callous destruction of Indigenous sacred sites is not just a troubling relic of the past. Rather, the threat to sacred sites and cultural resources continues today in the form of spoliation from development, as well as …

Standing To Sue In Land Use Litigation, Daniel R. Mandelker

Scholarship@WashULaw

Third party standing to sue is essential in land use litigation. Questionable land use decisions will not be taken to court unless a third party can sue, but third party standing is limited. Standing law is fragmented, obstinate, excessively restrictive, and split between judicial and statutory requirements. Reform is necessary so that third parties can have access to court to protect public values. This Article explains why third party standing should be expanded, and it includes a conceptual model that can guide reform. It discusses conflicting third party standing rules in the Supreme Court, including the dominant restrictive rule that …

Should We Stay Or Should We Go: Lessons From The Trump Administration, Kathleen Clark

Scholarship@WashULaw

After the 2016 election, commentators published a flurry of essays with advice on whether lawyers and federal officials should remain in government during the Trump administration. In this article, I review those essays, includ- ing Professor David Luban’s stern advice about the risk of remaining. I also discuss three key concepts from Professor Luban’s article for this symposium: desk perpetrators, desk mitigators, and operational maneuvering room, and explore how they apply to Trump administration officials who engaged in internal

resistance or principled resignation. More than one hundred federal officials

in the administration engaged in principled resignation, many acting in concert …

Debtor Spaces: Austerity, Space, And Dispossession In Michigan’S Emergency Management System, Melissa Heil

Faculty Publications - Geography, Geology, and the Environment

In recent years, debt has become a major focus of geographic research as debt relations have become increasingly central to today’s financialized capitalist economy. This paper bridges two aspects of the debt literature: (1) the emergent literature on debt spatiality, which argues that space plays an active role in the creation and maintenance of debt relations, and (2) the broader literature examining processes of debt-driven dispossession (e.g., foreclosure, eviction, austerity, etc.). Recent literature in geography, led by Harker’s work on debt spaces, has argued that debt should not only be understood as a temporal relation (a promise of future labor) …

Vcu Monroe Park Campus 'Iconic Green' Pre-Planning And Design Study, Nicholas A. Jancaitis

Master of Urban and Regional Planning Capstone Projects

The 'Iconic Green' pre-planning study for the Monroe Park Campus of VCU provides the framework and data necessary to support the intended 'nexus' on the proposed site. A review of the existing literature on various subjects included will highlight models and successful measures that have ensured success for previous similar built works. Having an understanding of the underlying factors and implications for the site, a needs assessment using existing literature and design precedents and in comparison with VCU's own desired end state and needs. Focusing on these comparisons within a theoretical framework called the Just Beautiful City, established in this …

Green Alley Network Plan, Dan Motta

Master of Urban and Regional Planning Capstone Projects

The Green Alley Network Plan seeks to realize the potential of Richmond’s public alleyways as opportunities for biodiverse shared streets acting as active transportation corridors, stormwater management systems, and public spaces that support high quality of life and community health. This project aims to be an expansion on Richmond’s Green Alley program, detailing tools, examples, recommendations, and steps to implementation. It is guided by the city’s visions of High-Quality Places, Equitable Transportation, a Diverse Economy, Inclusive Housing, and a Thriving Environment as expressed in the Richmond 300: A Guide for Growth Master Plan. Additionally, the region’s long-range transportation plan being …

President Biden's Executive Orders On The Environment: Praiseworthy Policy, Political Red Herring, Or...Both?, Amber Polk

Articles

No abstract provided.

The Garden In The Machine: Grace Lee Boggs’S Living For Change: An Autobiography And Detroit’S Urban-Agrarian Future, Jina B. Kim

English Language and Literature: Faculty Books

'The Garden in the Machine: Grace Lee Boggs’s Living for Change: An Autobiographyand Detroit’s Urban-Agrarian Future" is chapter two of part one: Neoimperialisms, Neoliberalisms, Necropolitics in Asian American Literature in Transition, 1996-2020: Volume 4, edited by Betsy Huang, Victor Román Mendoza

This volume examines the concerns of Asian American literature from 1996 to the present. This period was not only marked by civil unrest, terror and militarization, economic depression, and environmental abuse, but also unprecedented growth and visibility of Asian American literature. This volume is divided into four sections that plots the trajectories of, and tensions between, social challenges …

Ethnicity In Nigeria In Post Colonial Era And Implications For Reader-Centred Library Collections, Frances Jumoke Oloidi, Leonard Ilechukwu

Library Philosophy and Practice (e-journal)

The existing information and researches on the causes, challenges, and solution on ethnic issues in Nigeria’s post colonial era holds some implications for creating a reader-centred library collection. This paper focuses on ethnicity in Nigeria and the challenges of integration and unity and its implications for reader-centred library collections. Nigeria is the most diverse in terms of ethnic, linguistic, cultural and religious differences, just as it is the most populous in Africa. Nigeria embodies all the challenges which ethnic cleavages posed to post-colonial societies anywhere in the world. The article traces the causes, challenges and proffer solutions to ethnicity to …

Our Past Creates Our Present: A Brief Overview Of Racism And Colonialism In Western Paleontology, Pedro M. Monarrez, Joshua B. Zimmt, Annaka M. Clement, William Gearty, John J. Jacisin Iii, Kelsey M. Jenkins, Kristopher Mm. Kusnerik, Carmi Milagros Thompson, Ashley W. Poust, Selina V. Robson, Judith A. Sclafani, Kelsey T. Stilson, Shamindri D. Tennakoon

School of Biological Sciences: Faculty Publications

As practitioners of a historical science, paleontologists and geoscientists are well versed in the idea that the ability to understand and to anticipate the future relies upon our collective knowledge of the past. Despite this understanding, the fundamental role that the history of paleontology and the geosciences plays in shaping the structure and culture of our disciplines is seldom recognized and therefore not acted upon sufficiently. Here, we present a brief review of the history of paleontology and geology in Western countries, with a particular focus on North America since the 1800s. Western paleontology and geology are intertwined with systematic …

The Evolutionary Consequences Of Human–Wildlife Conflict In Cities, Christopher J. Schell, Lauren Stanton, Julie K. Young, Lisa Angeloni, Joanna E. Lambert, Stewart W. Breck, Maureen H. Murray

United States Department of Agriculture Wildlife Services: Staff Publications

Human–wildlife interactions, including human–wildlife conflict, are increasingly common as expanding urbanization worldwide creates more opportunities for people to encounter wildlife. Wildlife–vehicle collisions, zoonotic disease transmission, property damage, and physical attacks to people or their pets have negative consequences for both people and wildlife, underscoring the need for comprehensive strategies that mitigate and prevent conflict altogether. Management techniques often aim to deter, relocate, or remove individual organisms, all of which may present a significant selective force in both urban and nonurban systems. Managementinduced selection may significantly affect the adaptive or nonadaptive evolutionary processes of urban populations, yet few studies explicate the …

Enhancing Harvester Safety And Traditional Food Access Through Participatory Mapping With The Ka’A’Gee Tu First Nation Of Kakisa, Northwest Territories, Neomi Jayaratne

Theses and Dissertations (Comprehensive)

Northern Canada has struggled with various systemic challenges based on Eurocentric ideologies, policies, and practices. A major challenge Indigenous communities face North of the 60^th parallel is their food security and sovereignty. Inuit, First Nation and Métis populations across the North experience 5 to 6 times higher levels of food insecurity compared to the National average (Food Secure Canada, 2020). These communities face concentrated levels of food system issues, which connect to other factors, such as, health and wellness, the supply chain of market foods, governance, a shift away from traditional foods, and the impacts of climate change. Climate …

Public Health And Natural Gas Policy In Connecticut, Cheyenne Liberti

Public Health Theses

Due to its adverse impacts on public health via contributions to global climate change and emissions of toxic substances throughout the life cycle, natural gas use should be eliminated as quickly as possible in Connecticut. This project aims to 1) identify the policies and programs concerning all stages of the natural gas life cycle, in and affecting Connecticut; 2) evaluate the capacity of these policies and programs to mitigate public health hazards, promote environmental justice, and achieve rapid elimination of natural gas use; and 3) recommend policy and program alternatives that would accomplish these goals in a more timely manner. …

Cities Climate Law: A Legal Framework For Local Action In The U.S., Amy E. Turner, Michael Burger

Sabin Center for Climate Change Law

In the last several years, cities around the world have taken on a leading role in advancing policy to reduce greenhouse gas emissions. In the United States, dozens of cities have set goals targeting ambitious greenhouse gas emission reductions by a date certain (80% or "net zero" by 2050 are common formulations), and many more have pledged to achieve a 100% renewable or carbon-free energy supply.

Many U.S. cities are still determining the policies that would best achieve their climate commitments. In addition to political, financial, and technical considerations, these cities must consider how to structure their policies to comport …

How Biden’S Environmental Policies Will Affect New York, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

As this column has previously discussed, President Joe Biden’s environmental policies are a sharp reversal of those of former President Donald Trump. Today’s column spotlights how this change will affect New York state and New York City.

From Classrooms To Polluted Communities: Scientific Inquiry In Birmingham, Alabama And Beyond, Sarah Jeanne Adkins-Jablonsky

All ETDs from UAB

Nearly half of all U.S. students who declare science majors in college do not graduate with science degrees within six years. Improvements in science outcomes are linked with active-learning pedagogies such as Course-based Undergraduate Research Experiences (CUREs). However, despite the need for education reform particularly in Alabama, active-learning interventions are severely understudied in Alabama universities. Chapter 1 describes novel CUREs at four colleges in Birmingham, AL: The University of Alabama at Birmingham (UAB); Jefferson State Community College (JSCC), Samford University (SU), and Birmingham Southern College (BSC). Chapter 2 shows how an agar art CURE, The Art of Microbiology, impacts student …

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert A. Mikos

Vanderbilt Law School Faculty Publications

Could the President legalize marijuana, without waiting for Congress to act? The 2020 Presidential Election showed that this question is far from hypothetical. Seeking to capitalize on frustration with the slow pace of federal legislative reform, several presidential candidates promised they would bypass the logjam in Congress and legalize marijuana through executive action instead.

This Essay warns that such promises are both misguided and dangerous because they ignore statutory and constitutional constraints on the President’s authority to effect legal change. It explains why supporters of marijuana reform should be wary of legalizing the drug through executive action, even if that …

Connecting Ecosystem Services Science And Policy In The Field, J. B. Ruhl, James Salzman, Craig A. Arnold, Robin Craig, Keith Hirokawa, Lydia Olander, Margaret Palmer, Taylor H. Ricketts

Vanderbilt Law School Faculty Publications

Conservation and provision of ecosystem services (ES) have been adopted as high-level policy in many countries, yet there has been surprisingly little application of these broad policies in the field; for example, ES are rarely considered in permit issuance or other discrete agency actions. This large implementation gap arises in part because the science that drove general policy interest in ES differs from the science needed for practical application. A better understanding of the environmental policy toolkit can guide more effective research to support agency decisions. Here, we outline the framework used to teach environmental policy instruments through the “Five …

Environmental Law, Disrupted By Covid-19, Rebecca Bratspies, Vanessa Casado Peréz, Robin Kundis Craig, Lissa Griffin, Sarah Krakoff, Keith Hirokawa, Katrina Kuh, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J. B. Ruhl, Erin Ryan, David Takacs

Publications

For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.

Grief, Loss, And Climate Change: Validation Of A Solastalgia Scale, Claire Luce

Theses and Dissertations

Climate change has been identified as a defining issue of this century (United Nations, n.d.). Climate change impacts human wellbeing including mental health. While much research has focused on the way that the effects of climate change cause increases in common mental disorders, mental health is not just the absence of these disorders (World Health Organization, 2014). Non-pathologized mental health responses to climate change, such as the grief and loss that results from climate change impacts, are a growing consideration for researchers. Solastalgia, or the distress experienced in the absence of the solace once provided by the environment in the …

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Publications

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …

A Quick Guide To Resilience, Virginia Coastal Policy Center, William & Mary Law School

Virginia Coastal Policy Center

The Virginia Coastal Policy Center (VCPC) developed this Guide as a reference for citizens and local governments in Virginia. The Guide also may be used as a resource by local governments as they use the PREP (Planning for Resilience: Evaluation and Prioritization) Tool discussed.

Geog 181: Global Environmental Issues – A Faculty-Led Inquiry Into Reflective And Scholarly Teaching Benchmark Portfolio, Patrick Bitterman

UNL Faculty Course Portfolios

This benchmark portfolio is an examination of the structure of Global Environmental Issues (GEOG 181) and how the course materials facilitate student learning. The primary goal of this course is to investigate the nature of – and connections among - urgent global environmental issues in the context of geographic concepts and methods. As a large survey course, there are varied assessments that are punctuated with three summative exams. This portfolio assesses the current state of student learning prior to the addition of recitation sections. In doing so, it assesses exam performance over the course of the semester and by student …

Runner Up Entry For 2021, Kerin Krasnoff

Library Research Prize

No abstract provided.

The Politics Of Biomass Energy In California: How External Benefits Are Used To Support An Economically Marginal Sector, Dana L. Dysthe

Cal Poly Humboldt theses and projects

Since the 1990s, there has been a decline in biomass energy generation in California. In order to promote state governmental policies aiming to increase biomass energy generation in California, the sector has been linked to a series of external benefits that biomass energy purportedly brings. Through document analysis, semi-structured interviews, and participant observation, five distinct external benefits were identified that have been used to promote the biomass energy sector. These external benefits are: renewable energy generation, air quality improvements, promotion of forest restoration and fuel removal projects, disposal of wood waste from agricultural and forestry sectors, and rural economic development. …

A Study Of Public Awareness About The Threat Of Earthquakes, Mike Allen

Walden Dissertations and Doctoral Studies

Noticeably absent from the existing literature was a correlation study which would have gauged individual awareness for earthquakes. The literature search provided one quantifiable narrative that correlated college education with awareness about earthquakes; the study found that college graduates scored higher points on the awareness test for earthquakes than their counterparts who had no college education. The research question for this study examined the possible correlations between personal characteristics and awareness about earthquakes. A survey was developed and used to find hypothesized correlations between public awareness and a number of variables such as age, gender, education, income, and professional leadership. …

Deep Mapping For Environmental Communication Design, Shannon Butts, Madison Jones

Professional and Public Writing Faculty Publications

This article shares lessons from designing EcoTour, a multimedia environmental advocacy project in a state park, and it describes theoretical, practical, and pedagogical connections between locative media and community-engaged design. While maps can help share information about places, people, and change, they also limit how we visualize complex stories. Using deep mapping, and blending augmented reality with digital maps, EcoTour helps people understand big problems like climate change within the context of their local community. This article demonstrates the rhetorical potential of community-engaged design strategies to affect users, prompt action, and create more democratic discourse in environmental communication.

Facilitating Multifunctional Green Infrastructure Planning In Washington, Dc Through A Tableau Interface, John Taylor, Mamatha Hanumappa, Lara Miller, Brendan Shane, Matthew L. Richardson

Plant Sciences and Entomology Faculty Publications

Multifunctional urban green infrastructure (UGI) can regulate stormwater, mitigate heat islands, conserve biodiversity and biocultural diversity, and produce food, among other functions. Equitable governance of UGI requires new tools for sharing pertinent information. Our goal was to develop a public-access geographic information system (GIS) that can be used for comprehensive UGI planning in Washington, DC (the District) and to create an e-tool for UGI in the form of Tableau dashboards. The dashboards allow stakeholders to identify (1) existing UGI and (2) potential areas for new UGI including urban agriculture (UA). They also allow users to manipulate the data and identify …

A Qualitative Study Of Nimbyism For Waste In Smaller Urban Areas Of A Low-Income Country, Mzuzu, Malawi., Rochelle H. Holm, Brighton A. Chunga, Adrian Mallory, Paul Hutchings, Alison Parker

Faculty and Staff Scholarship

When waste management infrastructure is built, there can be resistance from the local affected populations, often termed the Not in My Backyard (NIMBY) phenomenon. This study aims to understand the forms of resistance that may develop in such contexts, focusing on 2 solid waste and 1 liquid waste management site within Mzuzu City, Malawi. At the newest solid waste site, community resistance had grown to the extent that the site was reportedly destroyed by the local community. Interviews and observations of the sites are complemented by examining historic and recent satellite images. It was found that, at the new solid …

Operationalizing Resilience: Co-Creating A Framework To Monitor Hard, Natural, And Nature-Based Shoreline Features In New York State, Katinka Wijsman, D. S. Novem Auyeung, Pippa Brashear, Brett F. Branco, Joseph H. Graziano, Kathryn Graziano, Peter M. Groffman, Helen Cheng, Dylan Corbett

Advanced Science Research Center

There is growing interest in the application of nature-based solutions to adapt to climate change and promote resilience, yet barriers exist to their implementation. These include a perceived lack of evidence of their functioning in comparison to conventional solutions and an inability for existing design, policy, and assessment processes to capture the multiple benefits of these solutions. Positing this as a challenge of operationalizing and measuring resilience, we argue that the concept of resilience needs to be given concrete meaning in applied management contexts. Starting with shoreline vulnerability as a policy problem and natural and nature-based shoreline features as a …