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Full-Text Articles in Law

Food Aid To The Developing World: The Subversive Effects Of Modern-Day Neo-Colonialism, Shreya Ahluwalia Apr 2019

Food Aid To The Developing World: The Subversive Effects Of Modern-Day Neo-Colonialism, Shreya Ahluwalia

Seattle Journal of Environmental Law

The United States has the power and resources to benefit citizens across the world. Many politicians have embodied this goal. Now it is time to move away from this approach. This article exposes the harm surrounding foreign aid from the United States, poses questions related to the foreign policy decisions of the United States and other world powers, and proposes unique solutions through the lens of environmental racism.


Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott Jan 2019

Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott

Articles & Book Chapters

This chapter explores some of the tensions inherent in employing ‘rights strategies’ in environmental justice movements. Using the example of a judicial review application brought by Indigenous environmental justice activists in Canada demonstrates the symbolic power of using rights-based language for environmental justice, but also underscores the serious procedural, logistical and resource barriers that frustrate these groups in their attempts to deploy litigation tactics. Legal scholars need to think critically about ‘rights-talk’ and confront the hard questions about its utility for advancing environmental justice. In working with communities, we must learn to listen to what communities want before we default …


Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert Jan 2019

Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert

University of Colorado Law Review

Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …