Digital Commons Network^™

Keynote Address Equal Protection Under The Law: Fact Of Fiction?, Vernice D. Miller

Fordham Environmental Law Review

No abstract provided.

Methods For Examining Environmental Equity Issues In Public Transportation, Lisa Staes, Eric T. Hill, Beverly Ward

CUTR Research Reports

This research demonstrates how the use of geographic information systems and other study methods can assist in identifying potential adverse impacts of transit programs and activities on minority and low-income populations. A process or examining the relationship between transit facilities and mobile pollutant sources. demographic characteristics, and land use patterns is provided to assist transportation professionals in identifying the location of minority and low-income populations and the potential for adverse impacts on their health and quality of life. Remediation alternatives are also presented.

Two Sides Of The Same Coin--Hazardous Waste Siting On Indian Reservations And In Minority Communities, Jeffrey R. Cluett

UC Law Environmental Journal

No abstract provided.

The Good Neighbor Agreement: Environmental Excellence Without Compromise, Marianne F. Adriatico

UC Law Environmental Journal

No abstract provided.

The Warn Act, David A. Santacroce

Book Chapters

Plant closings are devastating for workers, their families and the communities in which they live. The Worker Adjustment and Retraining Notification Act ("the WARN Act" or "WARN") requires some employers to give their workers sixty days' notice before a plant closing or mass layoff. The purpose of the WARN Act is to provide workers with time to seek alternative employment or retraining and to plan for the transition phase after the layoff.

The WARN Act does not prevent employers from closing a plant; instead it only requires larger employers to give notice, subject to a number of exceptions and exemptions. …

Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung

LLM Theses and Essays

Equity has a long history. In the first chapter of this thesis, notions of equity in conventional international law will be discussed. It must be more helpful to understand equity based upon the history of the term since the issues relating to equity were raised in quite a few cases in the past. In the second chapter, by discussing environmental equity in the United States, the only remaining superpower and the largest economy in the world, the thesis tries to see the future of equity in international environmental law. Environmental equity issues in the United States are good sources for …

Table Of Contents (V.48 No.4), Catholic University Law Review

Catholic University Law Review

No abstract provided.

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Articles

For almost three decades, the federal government and state governments have addressed environmental problems primarily through "command and control" regulation. Under this traditional approach, the federal government establishes uniform national pollution limits ("command") that the federal or state governments impose on individual polluters through a system of permits or other controls. However, as the command and control approach has eliminated many of the most prolific sources of pollution, the incremental cost of cleaning up the remaining pollution has risen dramatically, and command and control regulation has become politically less attractive. In addition, command and control regulation may be too rigid …

The Content Of Our Characterizations, Paulette M. Cladwell

Michigan Journal of Race and Law

This essay suggests both further amplification of Yamamoto's guidelines for critical race praxis and, more importantly, recommends their application to the analysis and development of progressive race theory itself.

Equity As A Paradigm For Sustainability: Evolving The Process Toward Interspecies Equity, Gwendellyn Io Earnshaw

Animal Law Review

The concept of sustainability has evolved through a wide variety of definitions. Traditionally, sustainability was seen as a system of management which would allow humans to perpetually exploit the world's natural resources; that is, to manage resources so they would never be depleted. More recently, however, writers have argued the traditional concept of sustainability has failed because a truly sustainable system recognizes all resources and stakeholders for their inherent value. Equity is thus the essential ethic of a sustainable system. This article adopts this modern view of sustainability and identifies interspecies equity-the consideration of nonhuman animals based upon their inherent …

One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …

Analysing The Extraterritorial Application Of The National Environmental Policy Act, Browne C. Lewis

Law Faculty Articles and Essays

The purpose of this paper is to examine the issue of whether, in light of Congress' actions and the judicial precedents, NEPA should be applied extraterritorially. Section One discusses the extraterritorial application of United States laws in general, the bases supporting the extraterritorial application, and the tests courts have relied upon to determine the appropriateness of extraterritorial application. The section also explores the presumption against extraterritoriality and the logic behind it.

In the second section, the paper addresses the extraterritorial application of NEPA. That sections includes an analysis of the congressional, executive and judicial treatment of the issue. The third …

The Relation Between Transit Availability And Automobile Ownership: The Case Of Los Angeles County, Devajyoti Deka

College of Urban and Public Affairs (CUPA) Working Papers, 1991-2000

We explore housing foreclosure as a mechanism that links economic shocks and neighborhood change, particularly the process of racial transition. A panel data set of the 1980 and 1990 New Orleans, Louisiana Census of Population and Housing was merged with mortgage foreclosure data aggregated to the block group level. The analysis indicates that housing foreclosures added momentum to the process of racial transition and neighborhood change, net of the effects of exogenous economic shocks and other variables like median income of residents, change in the value of owner-occupied housing, or the existing racial distribution of population in the neighborhood. Foreclosure …

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

The Content Of Our Characterizations, Paulette M. Caldwell

Faculty Articles

I argue at the beginning of this Essay that Professor Yamamoto's claim that there exists a divide of chasmic proportions between progressive race theory and legal and political practice asserts too much. Nevertheless, my view of the relationship between theory and practice leads me to suggest that the guidelines he proposes for critical race praxis should be applied to progressive race theory. The tensions he describes in contemporary civil rights litigation exist in, though they do not derive from, progressive race theory.

Broadening Our World: Citizens And Immigrants Of Color In America, Victor C. Romero

Faculty Scholarship

This article was originally presented at a symposium. The article discusses affirmative action and ways of increasing diversity in higher education.

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.

Hazards To Navigation On The Lower Mississippi River And At -Risk Human Populations., George P. Wooddell Jr

LSU Historical Dissertations and Theses

This dissertation tests whether known hazards to navigation determine the location of vessel accidents along the lower Mississippi River and describes the human populations most at risk according to predictions. The data are comprised of the relative risk index of river hazards (Forsyth et al. 1996, Gramling et al. 1998), the demographic characteristics of nearby residents, (U.S. Census 1990), and actual U.S. Coast Guard accident reports. Usable predictors of vessel accidents and a knowledge of population characteristics will enable better planning of emergency response, better placement of emergency response equipment, and more effective efforts to prevent vessel. accidents along the …

International Environmental Law : Consumer Environmentalism Versus Environmental Consumerism, Rajendra Kumar Nayak

Research outputs pre 2011

No abstract provided.

Rural Social Work Bibliography (1999), Roger A. Lohmann, Nancy Lohmann

Faculty & Staff Scholarship

This bibliography was assembled in response to a request from OUP for a rural bibliography on their website prior to publication of our edited book on Rural Social Work Practice (Oxford University Press. 2005).

Environmental Laws: Grist For The Equal Protection Mill, Alice Kaswan

University of Colorado Law Review

No abstract provided.

Sustainable Development: A Five-Dimensional Algorithm For Environmental Law, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand algorithmic approaches like those being explored in complex adaptive systems theory.

Economics V. Equity: Do Market-Based Environmental Reforms Exacerbate Environmental Injustice?, Stephen M. Johnson

Washington and Lee Law Review

No abstract provided.

Fortnightly - 1999

Fortnightly Collated by Year

No abstract provided.

Multicultural Participation In The Public Hearing Process: Some Theoretical, Pragmatical, And Analeptical Considerations, John C. Duncan, Jr.

Journal Publications

Ideally, public participation in rule-making leads to better rules. Failure to involve the public obviously dilutes or vitiates democracy in crucial ways. This Article will discuss the hearing process of administrative rule-making, and ways that agencies can accommodate multi-cultural differences so as to improve both access to participation and the efficacy of that participation. Specifically, this paper will discuss the environmental justice movement. Part II of this Article places participation problems in context by looking at specific issues of environmental equity in the rule-making process. Part III examines the need to expand public participation as a desirable goal, discusses obstacles …

Rodrigo's Remonstrance: Love And Despair In An Age Of Indifference - Should Humans Have Standing Book Review, Richard Delgado, Noah Markewich

Essays, Reviews, and Shorter Works

No abstract provided.

The Past, Present And Future Of Title Vi Of The Civil Rights Act As A Tool Of Environmental Justice, Michael B. Gerrard, Nicholas Johnson, Peggy Shepard, Melva J. Hayden, Sheila Foster, Elizabeth Georges

Faculty Scholarship

Mr. Michael Gerrard: I am going to try to do something a little unconventional. After hearing some remarks from Professor Johnson, I will try to start a dialogue. I have been requested to ask very tough questions of our panelists, so I will do that in the hope of drawing all of you in the audience into the dialogue. First, we will hear some remarks from Professor Nicholas Johnson of Fordham University School of Law.

Saving Trees And Saving Time: Researching Environmental Law On The Internet, Jennifer Hodgkins

Computer Law Review and Technology Journal

Conducting research on environmental law typically involves using federal and state statutes, administrative regulations, caselaw, law reviews, journals, and other resources in highly technical and scientific areas. Many of these resources are now available on the Internet, enabling lawyers to take advantage of free and convenient access to information. This paper focuses on sites specifically pertaining to environmental law; it will not address more general sites that provide statutes, administrative regulations, and caselaw. Internet sites that may be useful to environmental lawyers are grouped into the following twelve categories:

(1) Federal Government Agencies (page 38)

(2) Texas Government Agencies (page …

Brownfields Policies For Sustainable Cities, Joel B. Eisen

Law Faculty Publications

My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …