Water Law Commons^™

Rivers Of Sovereignty: The Epa’S New Water Quality Standards Rule As A Potential Channel For Revitalizing Tribal Reserved Water Rights, Mostyn Josty

Cardozo Law Review

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a …

We The People... Deserve Fair Taxes, Doron Narotzki, Tamir Shanan

Cardozo Journal of Equal Rights & Social Justice

In a world where economic inequality is deepening, tax law has emerged as one of the most powerful tools for shaping social justice. This Article explores how progressive taxation serves not only as a fiscal mechanism but as a reflection of societal values and the moral obligations of wealth. With legal methodologies such as Purposivism, Originalism, and Living Constitutionalism providing different interpretative lenses, this Article delves into the crucial discourse surrounding income, tax avoidance, deductions, and wealth taxation.

Through an analysis of real-world tax policies and legal precedents, the Article examines how these methodologies either perpetuate or challenge the current …

The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards, Alexa Pietrowsk

Cardozo Law Review

False testimony claims are an increasinglypopular vehicle in a handful ofstates through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state's standard requires that the testimony used at trial be proven both false and material to the petitioner's conviction, states diverge as to whether petitioners must show that a state actor-usually prosecutors or police-knew …

Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw

Cardozo Journal of Conflict Resolution

Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The presentArticle addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in …

Against The Current: Charting A New Course For Human Rights In Sustainable Fisheries Management, James H. Stitt

Cardozo International & Comparative Law Review

The note advocates for a paradigm shift in fisheries management, moving beyond Western-centric regulatory frameworks to a holistic, human rights-based approach that integrates sustainable development, biodiversity conservation, and social justice. It emphasizes the critical role of small-scale fisheries and Indigenous communities in achieving ecological and economic sustainability, arguing that their traditional knowledge and practices are essential for effective resource management. The analysis highlights the limitations of existing international frameworks, such as the United Nations Convention on the Law of the Sea (LOSC) and the Code of Conduct for Responsible Fisheries (CCRF), in addressing the needs of small-scale and Indigenous fishers. …

Takings Property And Appropriative Water Rights, Luis Inaraja Vera

Cardozo Law Review

The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.”1 While courts and academics have put considerable amounts of effort into discussing the meaning of “taken” or “public use,” they have given far less attention to the phrase “private property.” Notable scholars have provided a set of definitions and frameworks to determine when a particular right qualifies as takings property. However, courts and commentators have yet to define the types of rights that are entitled to constitutional protection with sufficient precision to avoid an …

Human Dignity As A Chameleon, Ariel L. Bendor, Michal Tamir

Cardozo International & Comparative Law Review

This article offers an innovative argument, according to which courts do not interpret human dignity according to an abstract theoretical position on the nature of the value only, nor subordinate themselves to the subjective purpose of the drafters of a constitution. Thus, courts-whether in the United States, where human dignity is not explicitly mentioned in the Constitution, or in countries where the right is constitutionally enshrined, such as Germany, South Africa, and Israel-interpret and apply human dignity on the basis of the entirety of the provisions of the particular constitution. Human dignity serves as a constitutional chameleon in the sense …

Same As It Ever Was: The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Cardozo International & Comparative Law Review

The article examines the ongoing environmental crisis caused by sewage contamination in the Tijuana River Valley, highlighting the inadequacy of current governance structures and international agreements in addressing transboundary pollution. It critiques the growing influence of non-state actors (NSAs) in border governance, arguing that privatization and deregulation undermine state accountability and sovereignty. The analysis emphasizes the need for a more effective and sustainable framework to manage environmental devastation and balance public and private interests at the U.S.-Mexico border.

Water Privatization And The Case For A Public Model, Jessica Wang

Cardozo International & Comparative Law Review

The note examines the risks associated with privatizing water systems, focusing on cases in Flint, Michigan, and Buenos Aires, Argentina. It argues that privatization can undermine public rights, exacerbate inequalities, and lead to environmental injustice. The analysis highlights the failure of regulatory oversight and advocates for stronger legal frameworks to protect vulnerable communities.

Land, Legacy, And Law: Amending Cercla To Account For Environmental Contamination Of Tribal Cultural Resources, Alexander Toke

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to enable Native American Tribes to recover damages for injuries to cultural resources. It argues that Tribal lands are disproportionately affected by environmental contamination and that current legal frameworks fail to address the unique cultural and spiritual significance of these resources.

Free Justice: A History Of The Public Defender In Twentieth-Century America, Kate Levine

Articles

Levine reviews Free justice: A history of the public defender in twentieth-century America. By Sara Mayeux. Chapel Hill, NC: University of North Carolina Press, 2020. 286 pp. $26.95 paperback.

Environmental Rights For The 21st Century: A Comprehensive Analysis Of The Public Trust Doctrine And Rights Of Nature Movement, Erin Ryan, Holly Parker Curry, Hayes Rule

Cardozo Law Review

This Article contrasts two theoretically distinct approaches to pursuing related objectives of environmental protection: the public trust doctrine and the rights of nature movement. It reviews the development of public trust and rights of nature principles in both domestic and international legal contexts, and explores points of theoretical commonality and contrast between the two, giving special attention to the opposing systems of environmental ethics from which the anthropocentric public trust and ecocentric rights of nature principles arise. The marked jurisdictional variation associated with both approaches suggests their evolving and inchoate nature as a guarantor of environmental rights. Moreover, both are …

Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis

Cardozo Law Review

No abstract provided.

The Need For Negotiation In Water Resource Disputes Between Central Asian States, Tamiris Askarova

Cardozo Journal of Conflict Resolution

Negotiation can take many forms and have different structures; however, I propose that establishing meetings between each states' leaders of their energy and environmental governmental bodies along with members of The Permanent Indus Commission, as they have dealt with similar concerns, would be the most beneficial and efficient method of resolving water use disputes. In Part II, I introduce relevant background information and examples of water use treaties and agreements that have proven to be successful either at maintaining or encouraging cooperation between various states. Part III will look into each state's current legislation and entities that manage water resources. …

The Fair Housing Act After Fifty Years: Opening Remarks, Julián Castro

Cardozo Law Review

Fifty years ago, on this day in late March, the United States was about to go through one of the darkest stretches in modern American history. At the end of March 1968, President Lyndon Johnson announced that he would not run for reelection. Just a few days later, of course, on April 4th, Martin Luther King Jr. was assassinated. A couple of months after that, on June 6th, Robert Kennedy died as he campaigned for President of the United States. Cities across our country were in a state of total unrest. It was, as many have described it, a year …

A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce

Cardozo Law Review

No abstract provided.

Reskins: The Property Right To Racism, M. Alexander Pearl

Cardozo Law Review

Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …

Defining "Navigability": Balancing State-Court Flexibility And Private Rights In Waterways, Maureen E. Brady

Cardozo Law Review

Over the course of American history, state courts have eliminated property rights in waterways through a quirk of public trust law: declaring the water in question to be "navigable" makes it public property, while declaring it "non-navigable" leaves the water subject to private control. The historical record is flooded with examples of these declarations by state courts. While some navigability rulings have protected public rights in waters against irrational private claims, others have abused this peculiarity to seize private property to placate irate, and even violent, interest groups.

The scope of this authority to craft navigability doctrine - especially whether …

Examining The Practice Of Developing Human Rights Indicators To Facilitate Accountability For The Human Right To Water And Sanitation, Benjamin Mason Meier, Jocelyn Getgen Kestenbaum, Georgia Lyn Kayser, Urooj Quezon Amjad, Jamie Bartram

Articles

Flowing from the evolution of international legal obligations for water and sanitation, human rights practice has shifted to address state accountability for a human right to water and sanitation through the development of human rights indicators. This policy note focuses on efforts to develop indicators for state reporting to human rights treaty bodies, with human rights norms framing national reports and treaty bodies employing indicators to monitor the progressive realization of the human right to water and sanitation. In supporting evidence-based treaty monitoring through the United Nations (UN), both the UN High Commissioner for Human Rights and the UN Special …

Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli

Cardozo Journal of Equal Rights & Social Justice

The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith

Cardozo Journal of International and Comparative Law

The article argues that water is not a "product" under the General Agreement on Tariffs and Trade (GATT) due to the widespread and consistent assertion of public ownership over water resources through municipal and international law, which precludes its treatment as a tradable commodity under GATT. This "public-ownership consensus" implies that water resources remain under state control, and GATT's trade disciplines should not apply to water in its natural state.

Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang

Cardozo Law Review

As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

Exactions: Exploring Exactly When Nollan And Dolan Should Be Triggered, Jane C. Needleman

Cardozo Law Review

No abstract provided.

From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer

Cardozo Journal of Equal Rights & Social Justice

The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.

Weasel Numbers, Reza Dibadj

Cardozo Law Review

No abstract provided.

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.

The Death Of Secured Lending, Edward J. Janger

Cardozo Law Review

No abstract provided.

Study Of The International Food Security Regime: Food Aid To North Korea During The Famine Of 1995-2000, Jongeun Lee

Cardozo Journal of International and Comparative Law

The note examines the persistent food insecurity in the Democratic People's Republic of Korea (DPRK) and the challenges of international food aid efforts, highlighting systemic issues such as monitoring limitations, political debates over aid effectiveness, and the need for reform in the international food security regime. It argues that while organizations like the World Food Programme (WFP) have expanded their operations in the DPRK, structural barriers, including the government's restrictions and donor countries' shifting commitments, undermine the long-term impact of food aid. The note emphasizes the urgency of addressing these challenges to prevent further humanitarian crises and promote sustainable food …

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.