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Sovereignty Myths And Intergovernmental Realities: The Etiquette Of Tribal Federalism, Alfred R. Light

St. Thomas Law Review

Here I wish to make two points. First, as a political scientist speaking to lawyers, I contend that sovereignty and dual sovereignty themselves are largely myths. The reality is a much more complicated and pragmatic intergovernmental relations. Second, as a teacher of constitutional law, speaking to other lawyers, I perceive developments regarding tribal sovereignty to have a haunting familiarity. The United States Supreme Court elaborates a doctrine of "inherent tribal sovereignty" using language strikingly similar to that used in the past to describe "dual sovereignty." American Indian scholars may benefit from a contrast of "dual sovereignty" and "inherent tribal sovereignty."

Markets And Geography: Designing Marketable Permit Schemes To Control Local And Regional Pollutants, Jonathan Remy Nash, Richard L. Revesz

Faculty Articles

In recent years, there has been a steady rise in the use of marketable permits in environmental regulation. They have been employed as tools to control both air and water pollution, and have been implemented on local, regional, and national scales. These trading regimes - based upon a single market in emission permits - do not control the distribution of emissions throughout the trading region or prevent the formation of hot spots of pollution. Over the years, commentators have advocated several alternative design structures to deal with these problems. Each of these alternatives, however, has significant drawbacks, either providing only …

Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek

Fordham Urban Law Journal

The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …

Table Of Contents (Vol. 72, Issue 2)

University of Colorado Law Review

No abstract provided.

Racializing Environmental Justice, Eric K. Yamamoto, Jen-L W. Lyman

University of Colorado Law Review

No abstract provided.

The Green Face Of God: Recovering The Spirit In An Ecocidal Era, Mark I. Wallace

Religion Faculty Works

No abstract provided.

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Case Western Reserve Journal of International Law

No abstract provided.

Latcrit Theory: Some Preliminary Notes Towards A Transatlantic Dialogue, Elizabeth M. Iglesias

University of Miami International and Comparative Law Review

No abstract provided.

Vol. 78, No. 4: Table Of Contents, Denver University Law Review

Denver Law Review

No abstract provided.

The Phoenix Rises From El Cenizo: A Community Creates And Affirms A Latino/A Border Cultural Citizenship Through Its Language And Safe Haven Ordinances, Maria Pabon Lopez

Denver Law Review

No abstract provided.

Re/Forming And Influencing Public Policy, Law And Religion: Missing From The Table, Laura M. Padilla

Denver Law Review

No abstract provided.

Vol. 78, No. 4: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Denver Law Review

No abstract provided.

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization

The Secondary Effects Of Environmental Justice Litigation: The Case Of West Dallas Coalition For Environmental Justice V. Epa, Gregg P. Macey, Lawrence E. Susskind

Faculty Scholarship

No abstract provided.

Emotional Distress Issues Raised By The Release Of Toxic And Other Hazardous Materials, Conrad G. Tuohey, Ferdinand V. Gonzalez

Santa Clara Law Review

No abstract provided.

Environmental Law Slogans For The New Millenium, Michael Allan Wolf

University of Richmond Law Review

Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines.

Genetic Testing For Susceptability To Disease From Exposure To Toxic Chemicals: Implications For Public And Worker Health Policies, Michael S. Baram

Faculty Scholarship

The Environmental Genome Program intends to identify "susceptibility genes" that would indicate if a person is more vulnerable to cancer or other disease as a result of exposure to certain chemicals in the workplace, the environment, foods, or other products. Research findings and the capability to test persons for such genes are likely to impugn and challenge health policies and regulatory programs that do not take genetic susceptibility into account when conferring health benefits and restricting chemical exposures. This article focuses on the Occupational Safety and Health Administration (OSHA) and discusses four options available to this agency for protecting genetically …

Is The Human Right To Environment Recognized Under International Law? It Depends On The Source, Luis E. Rodriguez-Rivera

Colorado Environmental Law Journal

No abstract provided.

International Environmental Dispute Resolution And The Need For Access By Non-State Entities, Peggy Rodgers Kalas

Colorado Environmental Law Journal

No abstract provided.

Ten-Year Index: Volume 31-40, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Adr At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …

Bulletin 2001-2002, Seattle University School Of Law

Viewbooks

No abstract provided.

Panel 2: Enfranchising The Disenfranchised, Edward Still, J. Gerald Hebert, Melissa Saunders, Penda D. Hair

Journal of Law and Policy

No abstract provided.

Panel 3: Creating Models For Progressive Lawyering In The 21st Century, Peter J. Nickles, Lucie E. White, Luke W. Cole

Journal of Law and Policy

No abstract provided.

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice And Skills Training, Antoinette Sedillo Lopez

Clinical Law Review

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization. The essay concludes that the dual aspects of the …

Beyond Eco-Imperialism: An Environmental Justice Critique Of Free Trade, Carmen G. Gonzalez

Faculty Articles

The article contributes to the trade and environment literature by assessing the claim that industrialized country proposals to integrate environmental protection into the WTO trade regime constitute environmental imperialism - the imposition of industrialized country values and preferences on less powerful nations. This claim is usually based on two distinct premises. The first is that environmental protection is a luxury that poor countries can ill afford. The second is that wealthy countries have played a leadership role in the protection of the global environment. The article questions these assumptions. It argues that environmental protection is essential to well-being of the …

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

The Manipulation Of Indigenous Status: The Federal Government As Shape-Shifter, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

"The federal-Indian relationship is like no other in the world. Indian tribes are denominated 'domestic-dependent nations' but their practical relationship with the United States 'resembles that of a ward to his guardian.' Indian tribes appear to have the same political status as the independent states of San Marino, Monaco, and Liechtenstein, yet they have little real self-government and seem to be forever mired in a state of political and economic pupilage."

This fifteen-year-old statement from Vine Deloria, Jr., the preeminent Indian political and legal scholar, still accurately reflects the convoluted nature of indigenous political, legal, and economic statuses in the …

Geothermal Energy In Hawai'i : An Analysis Of Promotion And Regulation, Annie Szvetecz

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.