Digital Commons Network^™

Three Contemporary Prosecution Case Studies And The Challenges Affecting The Indian Arts And Crafts Act, Tiffini Bowers

Theses and Dissertations--Arts Administration

The Indian Arts and Crafts Act (IACA) is America’s only federal arts policy. This study explores the IACA and the challenges contemporary prosecution cases identify for arts stakeholders, along with the implementation and effectiveness since the 2010 Act, to understand better the social and public policy implications and challenges for arts stakeholders. A qualitative study using multiple legal case studies, document analysis, and semi-structured interviews, along with an elite theory theoretical framework, anchors the research. Findings support existing research by indicating the main challenge is the definition and complexity of Indian identity; additional significant findings that contribute to future policy …

Ecocide: Does The Quest For Environmental Justice End At The International Criminal Court?, Allison King

Student Works

No abstract provided.

The Feedback Loop: A Critical Race Theory Interpretation Of The Relationship Between Compensatory Damages And Environmental Justice, Amelia Hadar

Student Works

No abstract provided.

Intersectionality Matters In Food And Drug Law, Colleen Campbell

University of Colorado Law Review

Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA’s prior restriction on access to contraceptive birth control illustrates how patriarchal and paternalistic attitudes within the Agency can harm women’s reproductive health. However, there is little analysis of how race and gender intersect in this domain. This Article uses the regulation of skin-lightening cosmetics products to illustrate why and how intersectionality matters in food and drug law. While the …

Legal Asynchrony: Constitutional “Bridges” Inverting Elemental U.S. Technology, Steven Ferrey

University of Colorado Law Review

The 2022 Biden Inflation Reduction Act (“IRA”) and the 2021 Infrastructure Investment and Jobs Act (“IIJA”), together providing for an unprecedented $1.7 trillion in spending, were enacted to construct a sustainable legal U.S. exit ramp from what the Secretary-General of the United Nations recently described as a “highway to climate hell with our foot still on the accelerator.” This Article analyzes a critical legal missing link in these Acts that is now causing the U.S. economy to do the opposite of its intended climate change mitigation, given: • A necessary eight-fold increase in current renewable electric power, requiring adding the …

Carbon Pricing For A Just Transition, Jeff Todd

University of Colorado Law Review

The legal tools to avoid the potential disasters of climate change are already available, at least according to economists. Economists overwhelmingly prefer carbon pricing tools like carbon taxes and cap-and-trade programs to combat climate change and guide the energy transition. Carbon pricing is more cost effective at lowering carbon and other greenhouse gases (GHGs) than other legal options such as efficiency standards, renewable portfolio standards, subsidies, and tax credits and deductions. Unlike those other options, carbon pricing targets both the supply of and the demand for GHG-emitting products and services; moreover, it gives firms and consumers flexibility in how best …

Foreword: Climate Change And International Law At A Crossroads, Michael P. Scharf, Amanda Price

Case Western Reserve Journal of International Law

No abstract provided.

U.S. National Security And Climate Change, Alexandra E. Koch, Nicole K. Carle, Gregory P. Noone

Case Western Reserve Journal of International Law

As sea temperatures rise and natural disasters intensify, it is critical that the U.S. national security strategy actively include plans to account for global climate change and address the complex environmental and humanitarian challenges that parallel and are driven by rising temperatures, such as resource scarcity, forced displacement, and regional instability. Climate change acts as a “threat multiplier for instability” in some of the most volatile regions of the world and can contribute to rising tensions even in historically stable regions. Climate change can also lead to increased vulnerability of military infrastructure and logistics, undermine military readiness, and demand a …

Keynote Address For The Cox International Law Center Conference, James Chen

Case Western Reserve Journal of International Law

No abstract provided.

Keynote Speech By John Knox, Former U.N. Special Rapporteur For Human Rights And The Environment, John Knox

Case Western Reserve Journal of International Law

No abstract provided.

Banning Plastic, Rachael E. Salcido

Utah Law Review

The disgusting nature of plastic pollution has finally captured the attention of policymakers and driven legal change. Local, state, and national bans on various plastic consumer items coupled with voluntary industry switching creates momentum toward a full-scale end to unnecessary plastic products. Bans have the capacity to create an important tipping point. This Article extolls the effectiveness of consumer bans and explores the challenges to achieving this highest level of environmental control. Plastic is essentially pure petroleum.1 Its persistence and destructiveness in the environment presents unique reasons to eliminate its use altogether. Plastics should only be used for essential products …

Governing Dynamic Watersheds Under Static Institutions – Examining How Local Governments Respond To Floods And Droughts In The United States, Jonathon R. Loos

Dartmouth College Ph.D Dissertations

The U.S. has seen a shift towards decentralized watershed governance in recent decades that has increased the delegation of management responsibilities to local governments and community organizations. This shift has precipitated the emergence of multilevel watershed governance systems (e.g. national, state, regional, local management levels) that are hypothesized to be more adaptive and responsive to local needs. However, multilevel governance systems risk complicating and overburdening the role of local governments within watershed management, and little is known about how local governments address socio-ecological change within multilevel institutions. Working within several U.S. watershed geographies, this dissertation seeks to interrogate theories of …

Environmental Law For A Just Transition, Dayna Nadine Scott

Articles & Book Chapters

The environmental justice movement, which turns our attention to fairness in the distribution of environmental benefits and burdens and in the processes, biases and
structures that determine those distributions, is challenging the foundations of environmental law.
• ‘Extractivism’ – a mode of accumulation that necessitates both a high pace and a large scale of taking of natural resources such as fossil fuels – is deeply embedded in environmental law, producing uneven costs/benefits and intense, concentrated impacts on people and ecosystems. Even as we move towards a greener economy, environmental laws and regulations governing such areas as facility siting, pollution permitting, …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

Two Decades Of Supporting Excellence In Stem Through Programs That Work: A History Of High-Quality Stem Programming In The Commonwealth Of Virginia, Bill Haver, Deborah Neely-Fisher

Journal of Mathematics and Science: Collaborative Explorations

The Virginia Mathematics and Science Coalition annually recognizes effective science, technology, engineering, and mathematics (STEM) programs. The leaders of these Programs That Work receive recognition and others gain ideas to incorporate into their STEM programs. Programs That Work was initiated in March 2000 as a part of a statewide conference designed to better understand effective strategies to increase the success of women, minorities and members of other groups who had been underrepresented in STEM. Programs That Work has since expanded to include effective STEM programming for all students and teachers at all levels by recognizing school systems, colleges and universities …

From Redlining To Greenlining, Danielle Stokes

Law Faculty Publications

For generations, marginalized communities have been impacted by discriminatory land use, zoning, and property valuation policies, from redlining in the 1930s to the siting of undesirable land uses that persists today. Because of these policies, marginalized communities are forced to contend with low property values, substandard infrastructure, and increased health risks. The very same mechanisms that created these injustices, however, may now be key to addressing them. This Article introduces “greenlining” as a land use planning mechanism that seeks to remediate historical housing, siting, and economic disparities while forging a path toward energy and environmental justice. Greenlining, the productive and …

Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott

Law Student Publications

Indigenous people have a historical link to those who inhabited a country or region at the time when people of different cultures or origins arrived. Traditionally, indigenous people have a special relationship with their ancestral environments. But their way of living has long been under threat. The land that indigenous people live on is home to over 80% of our planet’s biodiversity, but it continues to be appropriated and plundered due to bioprospecting or, as some call it, biopiracy. Bioprospecting is defined as “the exploration and information gathering of genetic and biochemical material to develop commercial products.” While innovation is …

From Community Science To Community Justice: Protecting Data Usability In Community Air Quality Monitoring Networks, Marley Manjarrez

Law Student Publications

Community science holds significant promise for empowering communities to address air quality disparities and advocate for policy change. However, the usability and legal defensibility of community-collected data pose significant challenges. This article argues that with the help of low-cost tools such as air quality monitors, community members can take an active role in combating the disproportionate distribution of air pollutants hidden by our current regulatory scheme. By examining the regulatory frameworks under the Clean Air Act and opportunities for procedural justice at federal, state, and local levels, the article identifies pathways for incorporating community-collected data into air quality regulation and …

Master Of Social Work Portfolio: Practicing Idealism, Ana Maria Palacios Figueroa

Graduate Student Portfolios, Professional Papers, and Capstone Projects

Ana Maria Palacios Figueroa's Master of Social Work Portfolio, including narrative and appendices.

Understanding Pluriversal Ontology: The Cases Of Three Alternative Agriculture Communities In Sisaket Province, Northeastern, Thailand, Thita Ornin

Chulalongkorn University Theses and Dissertations (Chula ETD)

In reaction to the global development paradigm, the concept of Pluriverse has played a pivotal role in exploring alternatives to development, aiming to foster a world that accommodates multiple worlding with the goals to facilitate various approaches to collective well-being, moving away from anthropocentric, linear growth within the modern capitalist development. This thesis seeks to understand alternative agriculture cases in the Northeast of Thailand through the Pluriversal ontology conceptual framework and to determine its usefulness through the following proposed framework; (1) alternative agricultural development discourse analysis, (2) friction and assimilation with modernity and (3) post-development values. Taken an inspiration from …

If It Can Make It There, It Can Make It Anywhere: How New York's "Green Amendment" Is Catalyzing Environmental Progress In Light Of Federal Failures, Zoe Zingale

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges faced by minority and low-income communities in seeking legal redress for environmental injustices, highlighting how federal legal avenues like Title VI of the Civil Rights Act of 1964 have been limited by Supreme Court rulings. It proposes that state-level Green Amendments, such as New York's, offer a promising alternative for these communities to assert their right to a healthy environment and seek relief from disparate environmental impacts.

The Epa's Failure To Revise The Clean Water Act And Its Impact On Communities, Will Matushek

Public Interest Law Reporter

No abstract provided.

What A Waste: The Prosecution Of Hazardous Substances Crimes During The Trump Administration, Joshua Ozymy, Ph.D., Melissa Jarrell Ozymy, Ph.D.

Public Interest Law Reporter

The Trump Administration went to great lengths to roll back environmental regulatory and enforcement efforts. Yet, researchers know very little about the impact of the Administration on the criminal prosecution of hazardous substance crimes. This study utilizes content analysis of EPA criminal investigations leading to prosecution during the Trump Era to analyze charging and sentencing patterns and illustrate the greater themes that emerged during this period. Prosecutions are dominated by hazardous waste (48%), pesticide (41%), and lead-based paint (11%) crimes. Results show prosecutors were able to pursue crimes involving significant harm and culpable conduct, while securing over $90 million in …

Net Zero And Settler Futurity, Jesse Goldstein

Sociology Publications

Net Zero ideology promises that current and ongoing emissions can be partially offset by ‘negative emissions’ strategies such as carbon capture and sequestration, allowing carbon intensive firms to narrate themselves as agents that are solving – not causing – the climate crisis. This represents a shift in liberal and corporate environmentalism away from both denial and delay, towards a new strategy acknowledging the need to end fossil fuel use while urgently deferring transformations to a future made possible by not-yet developed technological innovations. This paper argues that a through-line of settler futurity provides affective infrastructure potent enough to transect opposing …

Applying Community Ecology Principles To Assess Impacts Of The Harmful Algal Genus, Pseudo-Nitzschia, On Marine Bacterioplankton And Science Communication Challenges, Julie Maurer

Open Access Master's Theses

Harmful algal blooms (HABs) are projected to increase in frequency and severity with climate change, especially in coastal areas which face serious public health risks, ecological damage, and economic losses when HABs occur. The neurotoxin-producing diatom genus, Pseudo-nitzschia, is a particularly concerning HAB group due to its ability to form high-density, toxic blooms in coastal areas such as bays and estuaries, and due to high toxin variability, which has both genetic and ecological influences. Pseudo-nitzschia HABs may be an emerging issue on the U.S. east coast, due to recent anomalous and toxic blooms that occurred in 2016 and 2017. …

The Role Of Information Communications In The Educational Environment Of Higher Education Institutions, Nataliia Shetelia, Fedir Apshay, Oksana Telep, Yaroslav Ahiy, Valerii Maslov

Journal of Educational Technology Development and Exchange (JETDE)

In a rapidly evolving world with advancing technology and digital tools, understanding the role of information communications in higher education has become highly relevant. This study aims to determine the impact of information communications on the educational process and student communication and proceeds from the need to understand this impact in the context of the growing digitalization of society. The research objective was accomplished through the utilization of an analytical approach, involving the examination of available data and relevant literature in the field. Both qualitative and quantitative methods were employed to analyze the data, enabling the formulation of impartial conclusions …

Voices In, Voices Out: Impacted Stakeholders And The Governance Of Ai, Margot Kaminski

Publications

This Essay addresses reasons for impacted stakeholder involvement in AI governance, ranging from democratic accountability norms to principles of regulatory design. It evaluates several recent examples of both soft and hard law, noting a range of examples of impacted stakeholder participation. It closes with a critique: none of these laws adequately contemplates how to craft transparency and provide expertise so as to meaningfully empower impacted stakeholders.

Pathways To Health: Linking Accessible Green Space To Improved Health And Well‐Being In Rural Appalachia., Udday Shankur Datta

Graduate Theses, Dissertations, and Problem Reports (ETD)

Green spaces are essential for our physical health. The quality of its green space often determines the health of a community. The presence of green space in our lives is associated with reduced stress levels, better sleep, and increased feelings of safety. Lack of access to green space can lead to many health issues, such as high blood pressure, diabetes, and cardiovascular diseases, and has been linked to obesity and physical inactivity.

The Appalachian Regional Commission (ARC) defines Appalachia as a region covering 420 counties across 13 states in the eastern United States. A large part of this region is …

Foodways: An Ethnographic Analysis Of Cwu International Students’ Perception Of The Role Of Culturally Relevant Food In Their Sense Of Belonging, Joy Ihuka

All Master's Theses

International students face unique challenges adjusting to new academic environments, including developing a sense of homesickness and lack of belonging. Studies have shown that consuming culturally relevant food helps international students relieve homesickness, fostering a sense of belonging. Curiously, nonetheless, literature on student belonging rarely focuses on food. Within this gap, this thesis explores the significance of culturally relevant food in fostering a sense of belonging among international students at Central Washington University. Using ethnographic interviews, this research examines how culturally relevant food (including how food is prepared) or lack thereof may influence international students’ perceptions of belonging. This study …

Sedulur Sikep Fights For The Environment & Livelihood Through The Javanese Pop Song "Ibu Bumi", Enkin Asrawijaya, Sri Ningsih, Dedi Supriadi Adhuri, Tity Kusrina

Journal of Urban Culture Research

The issue of environmental preservation is an important topic in global issues. The role of all parties is needed to support environmental preservation because it has an impact on welfare. One of them is conducting a struggle through songs, which this effort is carried out by the indigenous community of Sedulur Sikep (Javanese sub-tribe) in Indonesia. An ethnographic method was utilized through a qualitative approach. We use the theory of symbolic resistance to discuss. The results showed that they made a song entitled "Ibu Bumi" as symbolic resistance by applying the cultural perspective of Sedulur Sikep to invite listeners to …