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Full-Text Articles in Law

Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana Jan 2016

Banning Metal Mining In Guatemala, Randall S. Abate, Raquel Aldana

Journal Publications

Metal mining is unsustainable for Guatemala and its harms insurmountable for its people. Guatemalans who oppose metal mining have been fighting for decades domestically and internationally against the environmental degradation and other human rights abuses from metal mining activities in the country with little to show for their efforts. The State is too weak and corrupt to offer much hope for reform. Guatemala requires extensive governance reforms to become the type of strong democracy capable of reaping the potential benefits of metal mining in its territory. This is a long-term project. Most Guatemalans opposed to metal mining already know this, …


Rationed Justice, Jennifer M. Smith Jan 2016

Rationed Justice, Jennifer M. Smith

Journal Publications

In the United States, "equal justice under law" is at the very forefront of our American justice system. "Equal justice" is meant to guarantee equal access to the justice system. "Equal access to the judicial process is the sin qua non of a just society." Many Americans, however, do not have any access to the justice system, never mind that of equal access. "Equal justice" has not reached the nation's indigent, or even many of our moderate-income citizens.


Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate Jan 2016

Ocean Iron Fertilization And Indigenous Peoples' Right To Food: Leveraging International And Domestic Law Protections To Enhance Access To Salmon In The Pacific Northwest, Randall S. Abate

Journal Publications

Ocean iron fertilization (OIF) is a new and controversial climate change mitigation strategy that seeks to increase the carbon-absorbing capacity of ocean waters by depositing significant quantities of iron dust into the marine environment to stimulate the growth of phytoplankton blooms. The photosynthetic processes of these blooms absorb carbon from the atmosphere and sequester it to the ocean floor. OIF has been criticized on several grounds. including the foreseeable and unforeseeable adverse consequences it may cause to the marine environment, as well as the daunting challenge of reconciling several potentially overlapping sources of international and domestic environmental law, which may …


The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith Jan 2016

The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part Ii, Jennifer M. Smith

Journal Publications

The state of Americans' health care has been troubling, especially before health care reform.The Affordable Care Act (ACA) is often touted as universal health care, and the initial intention was for the U.S. to have universal health care. However, with all of the compromises involved in its passage, the ACA resulted in comprehensive health insurance reform, significantly increasing the accessibility, affordability, and quality of health care for most, but not all, Americans. The ACA is a substantial step toward universal health care-a near-universal mandate-that may soon provide coverage to all Americans, and even include undocumented immigrants. Americans can find excellent …