Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Law

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri Apr 2014

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

Michigan Law Review

Low-income communities of color in Miami and in cities across the nation both share aspirations of equal justice and democratic participation and suffer the burdens of legal underrepresentation and political disenfranchisement. Such burdens become crippling when, as in Miami, local legal aid offices, public interest organizations, and bar associations lack the resources to provide meaningful private access to justice or to muster significant public engagement in the political process. These burdens become especially crippling when, again as in Miami, local and state governments adopt policies that engender inner-city neglect, economic displacement, and racial exclusion. In these circumstances, volunteer lawyers from …


Climate Change And Environmental Justice: Lessons From The California Lawsuits, Alice Kaswan Jan 2014

Climate Change And Environmental Justice: Lessons From The California Lawsuits, Alice Kaswan

San Diego Journal of Climate & Energy Law

This essay does not debate the political wisdom of suing; instead, it takes the suits as a given and attempts to enhance understanding of the environmental justice community’s climate justice agenda. It describes the role of environmental justice in the development of California’s climate law, AB 32, describes the lawsuits, and suggests some of the larger lessons about climate policy, cap-and-trade, and environmental justice that these lawsuits reveal. Ultimately, the environmental justice lawsuits highlight two primary themes: (1) the importance of a holistic approach to climate change policy that recognizes and integrates its multiple dimensions, including co-pollutant implications; and (2) …


Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings Jan 2014

Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings

Michigan Journal of International Law

In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …


Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac Jan 2014

Public Engagement "Reach In, Reach Out": Pursuing Environmental Justice By Empowering Communities To Meaningfully Participate In The Decision-Making Processes Of Brownfields Redevelopment And Superfund Cleanups, Josephine M. Balzac

Florida A & M University Law Review

No abstract provided.


Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad Jan 2014

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …