Digital Commons Network^™

Environmental Gentrification, Sarah Fox

Faculty Articles, Papers, and Other Scholarship

Gentrification is a term often used, much maligned, and difficult to define. A few general principles can nonetheless be distilled regarding the concept. First, gentrification is spurred by rising desirability of an area for housing or commercial purposes. Second, this rising desirability, following basic supply-and-demand principles, leads to higher property values and rents in an uncontrolled market. Third, gentrification leads to a shift in the demographics of a neighborhood. This shift can change not only the socioeconomic and racial composition of the area but also the community’s character, as residential and commercial options begin to reflect the preferences of the …

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.

Social License To Regulate: Consumer-Producer Collusion And Related Policy Risks For Consumer-Facing Regulation, Nathan D. Richardson

Faculty Publications

Used a gas can recently? If not, prepare for a surprise—they’ve become harder to use due to government-mandated design changes aimed at reducing air pollution. Faced with persistent environmental and other challenges, government regulators have increasingly turned to similar regulations on consumer products. But these consumer-facing regulations create new policy and political problems for regulators, different from those associated with traditional industry-facing regulation. This paper looks in depth at three case studies of consumer-facing regulation: emissions controls on gas cans, efficiency standards for light bulbs, and European vehicle fuel economy standards. In each case, there is strong evidence for widespread …

The Many Sins Of Nepa, Richard A. Epstein

Texas A&M Law Review

Forthcoming

Grid Modernization And Energy Poverty, Shelley Welton

Faculty Publications

Grid modernization holds the alluring promise of rationalizing electricity pricing, saving consumers money, and improving environmental quality all at the same time. Yet, we have seen only limited and patchwork regulatory initiatives towards significant grid modernization in the United States. Outside of a few leading states, state energy regulators appear loath to embrace fullthroated versions of the project. This article argues that the underdiscussed problem of energy poverty in the United States is a critical contributing factor in the gap between grid modernization’s possibilities and our regulatory reality. Only by explicitly understanding how the issues of grid modernization and energy …

Do Sagebrush Rebels Have A Colorable Claim? The Space Between Parochialism And Exclusion In Federal Lands Management, Ann M. Eisenberg

Faculty Publications

This Article asks whether the troubling nature of the Sagebrush Rebellion and similar movements (e.g., their violence, antienvironmentalism, and racist overtones) has made us overly dismissive of a kernel of truth in their complaints. Commentators often acknowledge that federal lands management may be “unfair” to local communities, but the ethical and legal characteristics of the unfairness concern remain under-explored. Although the Sagebrush Rebellion and federal lands communities are far from synonymous, substantial overlap between the complaints and demands of Sagebrush Rebels and the complaints and demands of many regional local (and state) governments suggests that to explore the one necessitates …

Alienation And Reconciliation In Social-Ecological Systems, Ann M. Eisenberg

Faculty Publications

After rancher Ammon Bundy’s forceful occupation of the Malheur National Wildlife Refuge to protest federal “tyranny” in 2016, mainstream commentary dismissed Bundy and his supporters as crackpots. But the dismissal of the occupation as errant overlooked this event’s significance. This conflict: 1) involved a clash over scarce natural resources, of the type that will likely gain more frequency and intensity in the face of climate change; and 2) highlighted the popular idea that the federal government and federal environmental regulations are the enemy of the (white, rural, male) worker. This thread of antienvironmental, anti-federal alienation among many working people has …

Animal Rights: From Why To How, Joan Schaffner, Sherry F. Colb, Michael C. Dorf, David Favre, Lori Gruen, Angela P. Harris, Dale Jamieson

Animal Law Review

On January 9, 2016, the Association of American Law Schools hosted a panel by the Section on Animal Law in New York City. The panel featured legal professionals, scholars, and experts from various disciplines who discussed strategies for securing legal rights for animals. The panel explored what the animal rights movement can learn from other social movements, which legal approaches are available to animal advocates, and the need for non-legal strategies to change cultural attitudes. This panel moves beyond the discussion of whether animals have rights, and addresses the important questions and potential strategies for improving the lives of non-human …

Lawyer: Fall 2014, Seattle University School Of Law

Lawyer

•Thinking it Through: Cliff Villa writes about trip to Philippines
•A Heart for Mentoring: Catherine Romero ’96 nurtures Latina/o students
•Making an Impact: Brian Howe ’09 inspires social entrepreneurs

Costs Immunity: Banishing The 'Bane' Of Costs From Public Interest Litigation, Martin Twigg

Dalhousie Law Journal

For litigants raising a matter of public interest, the possibility of facing an adverse costs award if unsuccessful may act as a deterrent to pursuing their legal claim. The author evaluates a form of costs order called "costs immunity," referred to as "protective costs orders" (PCOs) in the U.K., as a means of removing the deterrent effect of costs on public interest litigants. Part Iprovides an overview of costs law in Canada. Part // reviews the various types of costs orders employed by Canadian courts to facilitate access to justice in public interest litigation. Part Ill explores the English experience …

A Series Of Unfortunate Events In Rio, Or What I Did On My Summer Vacation, Becky Jacobs

College of Law Faculty Scholarship

This essay describes a particular “day in the life” of the author in Rio de Janeiro and explores how it could be perceived as a series of experiential metonyms for a number of concepts related to the authority and influence of law in Brazilian society.

Can Law Foster Social-Ecological Resilience?, Ahjond S. Garmestani, Craig R. Allen, Melinda H. Benson

Nebraska Cooperative Fish and Wildlife Research Unit: Staff Publications

Law plays an essential role in shaping natural resource and environmental policy, but unfortunately, many environmental laws were developed around the prevailing scientific understanding that there was a “balance of nature” that could be managed and sustained. This view assumes that natural resource managers have the capacity to predict the behavior of ecological systems, know what its important functional components are, and successfully predict the outcome of management interventions. This paper takes on this problem by summarizing and synthesizing the contributions to this Special Feature (Law and Social-Ecological Resilience, Part I: Contributions from Resilience 2011), focusing on the interaction of …

Lawyer: Winter 2012-2013, Seattle University School Of Law

Lawyer

• Truth, Justice, and Reconciliation: Professor Ron Slye Seeks Justice for Kenyans
• A Strong Argument: Student Argues Before Ninth District Court of Appeals
• Spy the Lie: Grad Michael Floyd Teaches Your How to Detect Lies

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.

Lawyer: Winter 2011-2012, Seattle University School Of Law

Lawyer

• Lawmakers Leave Politics Out of the Classroom
• Freedom Restored: Professor and Students Help Transformed Man Win Clemency
• Law School’s Full-Tuition Scholars Work to Effect Societal Change
• Graduate Fights for the Rights of Accused War Criminal

Lawyer: Summer 2011, Seattle University School Of Law

Lawyer

• The Promise of Civility
• Leaders for Justice: Three Fellows Will Work for Underserved Communities After Graduation
• Honoring Courage: Law School Leads Effort to Award Honorary Degrees to Japanese Americans Forced from School During WWII

Wigfall V. Mobley Et Al.: Heirs Property Rights In Family And In Law, Brian Grabbatin, Jennie L. Stephens

disClosure: A Journal of Social Theory

No abstract provided.

Climate Torts And Ecocide In The Context Of Proposals For An International Environmental Court, Patrick Foster

Dissertations and Theses

"This thesis is an exploration of two questions that are neither novel nor lacking in exploration: Is an International Environmental Court (IEC) needed? Is such a court feasible? Proposals for an IEC have a rich history, are well founded and numerous. On the issue of necessity, this thesis attempts to pull together historical and current information on two distinct areas of international environmental law and use these analyses to contextualize the need for an international environmental tribunal. Arguments for and against an IEC are presented within a discussion of environmental diplomacy. This thesis begins with a legal discussion of potential …

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Lawyer - Winter 2008, Seattle University School Of Law

Lawyer

• Scholars for Justice: Bring Broad Experience to the Law School
• Professor Boerner, Frankel, and Oltman Retire
• A Strong Foundation: PILF Sowed Seeds of Public Interest
• Love and the Law: Couple Meets at 35th Anniversary Events

Educating Workers About Labor Rights And Global Wrongs Through Documentary Film, Fran Ansley

Scholarly Works

No abstract provided.

Foreword Latcrit Xii - The Critical Locality And The Processes Of Community, Charles R.P. Pouncy

St. Thomas Law Review

The foreword to each annual LatCrit Conference Symposium is a document that generally attempts to situate the current Symposium within the parameters of LatCrit and outsider jurisprudence discourse. In addition to examining the role that the current Symposium plays in the elaboration of LatCrit theory and praxis, part of the task of the foreword calls for reflection on the evolution of the LatCrit project and its future development. This foreword will examine the relationship of the Symposium contributions to the themes of LatCrit XII and to the perennial issues that LatCrit conferences and theory attempt to engage. This foreword, however, …

Evaluating The Chicago Brownfields Initiative: The Effects Of City-Initiated Brownfield Redevelopment On Surrounding Communities, Jessica Higgins

Northwestern Journal of Law & Social Policy

This article examines the Chicago Brownfields Initiative and its effect on the communities in which brownfield redevelopment has already occurred. After examining the many federal, state, and local brownfields programs, it critically examines both the successes and concerns of the Chicago Brownfields Initiative. The successes include job creation and retention, residential redevelopment, improvements to quality of life, services and amenities provided, encouragement of additional investment, increased tax revenues for local governments, and increased environmental health and safety. The concerns include whether the jobs generated benefit the members of the brownfield communities, whether the new services and improvements benefit members of …

Pareto Negativity: The Enemy Of My Enemy Is Not Necessarily My Friend - Latin Leadership, Coalition Building, And Predatory Globalization, Becky L. Jacobs

St. Thomas Law Review

This Essay is based on my presentation at the LatCrit VII conference, which was part of a panel discussion on Coalition Building, Globally and Locally. The purpose of the presentation and of this Essay is to reflect upon the significant role of Latin civil society organizations ("CSOs"), not only in that region's political, social and economic development of other regions, but also in the historical trajectory of the U.S. As I prepared my remarks and noted the achievements of Latin CSOs, I began to question why there are so few Latino and Latina leaders in transnational CSOs and in the …

Studying The Death Penalty In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

7 p. : col. ill., maps

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

Lawyer - Spring 2005, Seattle University School Of Law

Lawyer

• Dean Search Committee Members Complete a Job Well Done
• The New Dean is One of Our Own: A “First” for the State’s Largest Law School
• Homeless in Seattle: The Campus Community Gives and Learns
• The Women's Law Caucus Hosted Another "Winner"