Digital Commons Network^™

Sustainable Development Principles For East Baton Rouge Parish, Xia Li

LSU Master's Theses

This study examines and analyzes the sustainable development indicator data and determines what improvements and recommendations are needed for East Baton Rouge Parish’s development. This thesis has identified methods and indicators for studying sustainable developments, studied patterns of sustainable developments in the East Baton Rouge Parish to identify trends and developed recommendations that would encourage sustainable development in the East Baton Rouge Parish. It forms fourteen sustainable principles that would encourage sustainable development in East Baton Rouge Parish and a framework for a sound development.

2003 Dri Symposium Theme Leaders, Hamline University

DRI Symposia

No abstract provided.

Can Federal Agencies Authorize Private Suits Under Section 1983 - A Theoretical Approach, Brian Galle

Georgetown Law Faculty Publications and Other Works

This Article offers a few thoughts on the theory of regulatory enforcement under § 1983. Section 1983, I argue, itself authorizes federal agencies to make their regulations privately enforceable. In recent years, the Supreme Court has announced that federal norms are unenforceable in the absence of clear statutory authorization - a "clear statement rule" for private rights of action. Drawing on key tenets of modern statutory interpretation, I claim that the plain text of § 1983 allows many federal regulations to meet this test. Because § 1983 has an important function in coordinating state regulatory efforts with federal law, a …

Private Lawyers And Environmental Justice, Michael B. Gerrard

Faculty Scholarship

A private lawyer representing a private client is seldom a crusader. When environmental justice is relevant to a particular matter – the client proposes to build a facility and engages the lawyer to help secure necessary governmental approvals, for example-the lawyer's primary duty must be to the client.

The client in such a case faces two primary types of questions: substantive, such as where and how to build the facility; and procedural, deciding what processes to follow and how much to involve the community in the planning. Typically, by the time the lawyer is brought in, the client already has …

Thinking Globally, Acting Locally: Documenting Environmental Activism In New York State, Brian Keough, Amy Schindler

Criss Library Faculty Publications

A significant component of the political history of New York and other states in the second half of the twentieth century is the extraordinary growth of a social movement directed at environmental issues. The authors completed a case study of a documentation project to collect archival records about the history of environmental affairs in New York State. This article critically examines documentation strategy and the evolution of statewide documentation projects in New York, describes the implementation of a documentation project for environmental affairs, and suggests methods for improving the identification and selection of records of enduring value. The project set …

A Gis-Based Landscape Analysis Wetland Function Model For Wetland Restoration And Mitigation Banking, Qin Li

All-Inclusive List of Electronic Theses and Dissertations

Wetland management issues are related to regulatory compliance or planning and protection activities. A wetland evaluating system with suitable modules to address wetland function, wetland banking and wetland protection to perform wetland regulatory activities is required. This research, conducted in Prince Georges County, Maryland, provides county personnel a very useful GIS-based wetland analysis tool to perform wetland regulatory activities. This research focuses on developing a Landscape Analysis of Wetland Function (LAWF) model for use within a GIS application. Twenty-seven wetland-related variables are defined and analyzed in this research and a ranking system is established. Five different wetland functions are developed …

Transportation Solutions: Collaborative Problem Solving For States And Communities, National Policy Consensus Center

National Policy Consensus Center Publications

In April 2003, the National Policy Consensus Center (NPCC) hosted a colloquium for people involved in transportation collaborations—federal and state agency representatives, consultants, dispute resolution professionals and representatives from professional associations and local planning organizations. The colloquium was co-sponsored by the Federal Highway Administration, the U.S. Institute for Environmental Conflict Resolution, the American Association of State Highway and Transportation Officials and the Florida, Oregon, and California Departments of Transportation.

This report summarizes lessons learned about transportation collaborations and offers recommendations for governors and state transportation officials on ways to enhance the use and effectiveness of collaborative problem solving around transportation …

Foreword: Expanding The Debate On Race, Poverty, Social Justice, And The Law, Margaret M. Russell

UC Law Journal of Race and Economic Justice

No abstract provided.

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Scholarship@WashULaw

Law school clinics play an important role in training future lawyers and in providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty are often confronted with ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework …

The Granite, 2003, University Of New Hampshire

The Granite – Yearbook

The yearbook of the New Hampshire College of Agriculture and the Mechanic Arts, 1909-1922, the University of New Hampshire, 1923-

Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill

Faculty Articles

This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …

Bulletin 2003-2004, Seattle University School Of Law

Viewbooks

No abstract provided.

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Articles

No abstract provided.

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross

Michigan Journal of International Law

A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …

Intellectual Property Protection Of Biotechnology And Sustainable Development In International Law, Young-Gyoo Shim

North Carolina Journal of International Law

No abstract provided.

Attempting To Discuss Race In Business And Corporate Law Courses And Seminars, Cheryl L. Wade

St. John's Law Review

(Excerpt)

The challenges of teaching corporate social responsibility and good corporate citizenship have shifted as political and social climates have changed in New York, the United States, and around the world. I discuss some of those challenges in this Article. My primary focus, however, is the challenge of talking about race in business and corporate law courses and seminars.

Thinking Globally, Acting Locally: Documenting Environmental Activism In New York State, Brian Keough, Amy C. Schindler

University Libraries Faculty Scholarship

A significant component of the political history of New York and other states in the second half of the twentieth century is the extraordinary growth of a social movement directed at environmental issues. The authors completed a case study of a documentation project to collect archival records about the history of environmental affairs in New York State. This article critically examines documentation strategy and the evolution of statewide documentation projects in New York, describes the implementation of a documentation project for environmental affairs, and suggests methods for improving the identification and selection of records of enduring value. The project set …

Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz

Faculty Scholarship

In 1970, when the National Environmental Policy Act (NEPA) was enacted, the new and exciting information management technologies were the handheld four-function calculator and the eight-track tape cassette. Three decades later, after the personal computer, the digital revolution, and the World Wide Web, the implementation of NEPA is still stuck in the world of 1970. Other aspects of the bureaucracy have seen reform-the E-Government Strategy, an E-Government Act, the creation of a new Office of Electronic Government within the Office of Management and Budget (OMB), and, to focus on the environmental arena, the breathtaking success of the web-based Toxic Release …

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …

Risk, Death And Harm: The Normative Foundations Of Risk Regulation, Matthew D. Adler

Faculty Scholarship

Is death a harm? Is the risk of death a harm? These questions lie at the foundations of risk regulation. Agencies that regulate threats to human life, such as the EPA, OSHA, the FDA, the CPSC, or NHTSA, invariably assume that premature death is a first-party harm - a welfare setback to the person who dies - and often assume that being at risk of death is a distinct and additional first-party harm. If these assumptions are untrue, the myriad statutes and regulations that govern risky activities should be radically overhauled, since the third-party benefits of preventing premature death and …

Where Do We Go From Here? : The Role Of The Community Advisory Group In Addressing Asbestos Issues In Libby Montana, Colleen A. Lux

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow

Oklahoma Law Review

No abstract provided.

Civic Environmentalism: A Model For Everglades Restoration And A Sustainable South Florida, Teresa U. Jabour

Electronic Theses and Dissertations 2000 - 2009

The Everglades restoration is now the centerpiece for environmental policymaking in South Florida. The 1991 settlement of the Everglades lawsuit marked a new era of environmental politics known as civic environmentalism. Concepts of civic environmentalism are used in this study to determine if policies developed since the 1991 lawsuit settlement support a successful Everglades restoration and a sustainable South Florida, a vital connection that ensures the socio-economic health of the built environment as well as the environmental health of South Florida's unique ecosystems. Indicators reveal that legislation supports a democratic process, but a nonformal model of civic environmentalism demonstrates that …

Small Town Trash: A Model Comprehensive Solid Waste Ordinance For Rural Areas Of The United States, Kim Diana Connolly

Journal Articles

No abstract provided.

The Martin County Project: A Student, Faculty, And Citizen Effort At Researching The Effects Of A Technological Disaster, Stephanie Mcspirit, Sharon Hardesty, Robert Welch

Journal of Rural Social Sciences

This research note describes two simultaneous events: the Martin County coal waste disaster of October 2000 and our own research efforts in Martin County, Kentucky, in studying the effects of the disaster on the impacted community. Our research was unique in that we involved a large team of undergraduate students in our field and data collections efforts. We also applied more democratic and participatory methods than has been typical in the "techno-disasters" research. We believe that our expanded method has allowed us to glean insights and understanding into the effects and political dynamics of the Martin County coal waste disaster. …

Social Capital, Structural Conditions, And Mortality: A Study Of Nonmetropolitan Counties In Mississippi, Domenico Parisi, Steven Michael Grice, Michael Taquino, Duane A. Gill

Journal of Rural Social Sciences

In this study, we examine the extent to which structural conditions that favor investment in social capital affect mortality across nonmetro counties in Mississippi. To this end, we focus on four county structural conditions: (1) place of residence within county boundaries, (2) civic infrastructure, (3) economic conditions, and (4) county regional location. The results clearly indicate that structural conditions that favor investment in social capital lead to lower mortality. Specifically, concentration of disadvantage conditions has an independent effect on mortality. That is, its effect operates independentIy of other structural conditions. In contrast, the effects of place of residence and civic …

The Weekly Challenger, December 26, 2002, The Weekly Challenger, Et Al

Weekly Challenger Newspaper Collection

The December 26, 2002, issue of The Weekly Challenger.

Identifying The Burdens And Opportunities For Tribes And Communities In Federal Facility Cleanup Activities: Environmental Remediation Technology Assessment Matrix For Tribal And Community Decision-Makers, International Institute For Indigenous Resource Management, Inc. (Iiirm), Mervyn L. Tano, Jeanne M. Rubin, Kacey C. Denham

International Institute for Indigenous Resource Management, Inc. (IIIRM)

The cleanup of this country’s federal facilities can affect a wide range of tribal and community interests and concerns. The technologies now in use, or being proposed by the Department of Energy, Department of Defense and other federal agencies can affect tribal treaty protected fishing, hunting and other rights, affect air and water quality thereby requiring the tribe to bear the burden of increased environmental regulation. The International Institute for Indigenous Resource Management developed a tribal and community decision-maker’s Environmental Remediation Technology Assessment Matrix that will permit tribes and communities to array technical information about environmental remediation technologies against a …

Hastings Law News Vol.33 No.2, Uc Hastings College Of The Law

Hastings Law News (1969/70-2001/02)

No abstract provided.