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Profiles Of Activism In The Lives Of Writing, Rhetoric, And Literacy Studies Scholars, Ruth Osario

Women's & Gender Studies Faculty Publications

[Introduction] When I was an undergraduate student, I dreamed of being a badass scholar-activist like Angela Davis the way that young kids dream of being a princess or a dragon. As a baby feminist and scholar, I admired Dr. Davis for her powerful writing and speaking on Black feminism and class struggle, and her impeccable style. When I decided to apply to graduate school, I did so with Angela Davis in mind, imagining a future career where I meandered in a labyrinth of books one day and shut down the streets in a protest the next.

Another Major Question: The Department Of Labor Should Retire The Tiebreaker Rule And Reemploy Pecuniary Language In Erisa, Brandon Chesner

Fordham Journal of Corporate & Financial Law

The Employee Retirement Income Security Act of 1974 (“ERISA”) soon turns 50. Instead of celebrating with cake, retirees and future retirees alike get to witness a new chapter in the debate over the consideration of Environmental, Social, or Governance (“ESG”) factors in investing with plan assets. As employees cross the bridge into retirement, they look to their 401(k)s and pension plans for peace of mind, for it is ERISA that has been working silently in the background establishing minimum standards, practices, and fiduciary duties to protect participants. In recent years, the U.S. Department of Labor (“DOL”) has passed three regulations—two …

Rubbing Salt Into The Wound: Environmental Injustices In Prisons And The Difficulties Of Obtaining Relief, Savannah Markel

Journal of Criminal Law and Criminology

American prisons are often built near or on environmentally hazardous lands. Not only do prison locations affect prisoners’ health and well-being, but deteriorating confinement conditions exacerbate such safety and wellness risks. In seeking justice for these environmental violations, prison litigants often choose to raise claims under the Eighth Amendment’s Cruel and Unusual Punishment Clause. However, the Clause requires litigants to meet an extremely high—indeed, near-impossible—bar to succeed on their claims. Environmental justice advocates have proposed an alternative remedy which calls on the Environmental Protection Agency (EPA) to regulate environmental injustices in prisons. This Comment analyzes the difficulties of raising an …

It’S Giving Genocide: What Feminist Theory, Indigenous Thought, And Queer Theory Have To Say About Climate Change, Owen George

MS in Environmental Studies Master's Theses

Climate change is having profound impacts on communities around the world. In some cases, and with time, more and more, the impacts of climate change are happening on a level that constitutes genocide. Raphaël Lemkin’s and Claudia Card’s definitions of genocide are most applicable to climate change as they have broader understandings of victim groups and social death, and they recognize that inaction to prevent reasonably foreseeable harm constitutes genocidal intent. The UN’s more rigid definition does, to a lesser extent, also apply to climate change. Across the three definitions examined here, the argument of climate change as genocide is …

Racial Capitalism, Climate Change, And Ecocide, Carmen G. Gonzalez

Faculty Publications & Other Works

Lawyers, scholars, and activists have long sought to incorporate ecocide into the Rome Statute of the International Criminal Court to address corporate and governmental impunity for massive and severe ecological damage, including the harms caused by climate change. This Article uses the framework of racial capitalism to examine and critique the proposed criminalization of ecocide. Coined by South African scholars and activists and refined by political theorist Cedric Robinson, the theory of racial capitalism offers valuable insights on the root causes of the climate crisis and the manifold injustices it inflicts on marginalized states and peoples. While most discussions of …

Steel Or Sand? Protecting The Indiana Dunes Through Community Activism, The National Park Service, And The Clean Water Act, Sophie Hill

Mitchell Hamline Law Review

No abstract provided.

An Unlikely Hero: How Pigs Will Save Minnesota's Newest Clean Energy Law From Commerce Clause Scrutiny, Marley Jones

Mitchell Hamline Law Review

No abstract provided.

Designing Resilient Communities: Landscape Architecture Strategies To Counteract The Urban Heat Island Effect And Enhance Thermal Comfort In Vulnerable Neighborhoods In Dallas, Texas, Angelica E. Villalobos

Landscape Architecture Masters & Design Theses - Archive

As cities continue to expand and temperatures rise, extreme weather conditions become more frequent (Tan et al., 2009). This urban heat phenomenon significantly impacts the environment and the health and well-being of living organisms, including humans (Bullard, 2011). Unfortunately, those who live in poverty are particularly vulnerable to the harmful effects of urban heat island-induced heat (Balbus & Malina, 2009). To address this issue, this research evaluates landscape architecture design strategies that mitigate the urban heat island and enhance thermal comfort in vulnerable suburban neighborhoods in Dallas, Texas. Recommendations are provided for enhancing resident thermal comfort in single-family residential neighborhoods, …

Designing Dreams, Not Divides: Speculative Toolkit For Assessing Community Engagement Strategies – South Oak Cliff Renaissance Park In Dallas, Texas, Heena Shrestha

Landscape Architecture Masters & Design Theses - Archive

Community engagement in park design is critical in landscape architecture as it concerns the design in underserved communities where systemic inequities limit access to high-quality public spaces. The purpose of this thesis is to develop a toolkit to help landscape architects measure how successful their community engagement practices are in their design process. This toolkit addresses a critical gap in landscape architecture practice, where existing case studies often focus on environmental or social outcomes but need more methods for evaluating community engagement. By providing a structured approach, this toolkit enables landscape architects to measure, demonstrate, and validate their community engagement …

Essays On Impacts Of Natural Disasters, Fang-Yu Yeh

Theses and Dissertations--Economics

This dissertation consists of three chapters that study how natural disasters affect households and individuals. The first chapter examines how Kentucky’s housing market responds to changes in flood risk information. The second chapter looks at disproportionate drinking water non-compliance post-disaster. The third chapter studies the effect of flooding events and the national school meals program in Kentucky on education outcomes.

The first chapter examines Kentucky’s housing market response to changes in the Federal Emergency Management Agency’s (FEMA) flood maps and how the responses differ depending on whether an area has been flooded recently. I use Zillow’s ZTRAX property transaction data …

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 …