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Articles 1 - 15 of 15
Full-Text Articles in Law
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Articles & Chapters
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Richard Stewart's Perennial Question: "How's This Going To Work?", David Schoenbrod
Articles & Chapters
No abstract provided.
Environmental Law: The Role Of Congress In Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, Nicholas Robinson
Environmental Law: The Role Of Congress In Environmental Law, Steven Colloton, David Schoenbrod, Eric Claeys, Matt Leggett, Nicholas Robinson
Articles & Chapters
No abstract provided.
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
A Complex(Ity) Strategy For Breaking The Environmental Logjam, In Breaking The Logjam: An Environmental Law For The 21st Century, Beth Simone Noveck, David R. Johnson
Articles & Chapters
No abstract provided.
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman
Articles & Chapters
No abstract provided.
What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson
What Happened To The Skeptical Environmentalist, David Schoenbrod, Christi Wilson
Articles & Chapters
This essay focuses on the critical reaction to Bjorn Lomborg's book, The Skeptical Environmentalist. After the book was glowingly reviewed in the Washington Post, the Economist, and other influential publications, it was critically reviewed in Scientific American, Nature, and Science and criticized by environmental organizations. The criticism went beyond trying to show him wrong on environmental policy to claim that he should be disqualified as a participant in debates on environmental policy. The basis for the disqualification was that he does not understand the science or was disingenuous in his treatment of it. In analyzing this effort to disqualify him, …
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
Articles & Chapters
This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
The Appellate Body, The Protection Of Sea Turtles And The Technique Of "Completing The Analysis", Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Categorization Of Chemicals Under The Toxic Substance Control Act, Louis Slesin, Ross Sandler
Categorization Of Chemicals Under The Toxic Substance Control Act, Louis Slesin, Ross Sandler
Articles & Chapters
No abstract provided.
State Environmental Quality Review Act, Ross Sandler
State Environmental Quality Review Act, Ross Sandler
Articles & Chapters
No abstract provided.
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Introduction: Environmental Law Section, Second Circuit Review, 1974–75 Term, Ross Sandler
Articles & Chapters
No abstract provided.
The Refuse Act Of 1899: Key To Clean Water, Ross Sandler
The Refuse Act Of 1899: Key To Clean Water, Ross Sandler
Articles & Chapters
The Refuse Act of 1899, although approaching its diamond anniversary, is alive and well and providing the best legal framework for cleaning up the nation's navigable streams and their tributaries. Its absolute standard of no pollution, which is ameliorated through practical application, is to be preferred over attempts to provide elaborate statutory standards.