Constitutional Law Commons^™

Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple

Sustainable Development Law & Policy

Overview

Traditionally, gentrification occurs when real estate prices appreciate, leading to significant cultural change in low-income communities and involuntary displacement of low-income residents. In recent years, Miami, Florida is beginning to feel the impacts of “climate gentrification.” High-income buyers, who historically develop property close to the ocean, are affected by rising sea levels and increasingly look inland to develop areas on higher ground. The influx of real estate investments in these is expected to lead to spiking home prices and property taxes, forcing many longtime community members to abandon their homes.

Homeowners in these communities already report approaches from developers …

Canada’S Arctic Policy Framework: Governance Transformation In Nunavut, C. Mark Macneill

Sustainable Development Law & Policy

On August 28, 2017 Canada’s Prime Minister, Justin Trudeau committed to a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation and partnership. To accomplish this mission, major structural changes in how the Government of Canada engages and relates with Indigenous peoples across the country were co-developed with indigenous, territorial and provincial partners to form a new Arctic Policy Framework (APF). This has had major implications of departmental transformation, particularly for the former Department of Indigenous and Northern Affairs (INAC), Nunavut. Regional Office (NRO), its staff, programs, and operations.

Splitting Canada’S Northern Strategy: Is It Polar Mania?, C. Mark Macneill

Sustainable Development Law & Policy

On July 15, 2019, Prime Minister Justin Trudeau’s legislation splitting Indigenous and Northern Affairs Canada (INAC) into two new departments and dissolving INAC came into effect. The same legislation also formally established the mandates of the two new departments, Crown-Indigenous Relations and Northern Affairs (CIRNAC) and Indigenous Services Canada (ISC). The Government of Canada passed the legislation to develop deeper relations and higher levels of collaboration with Canada’s Indigenous people to build stronger and healthier northern communities. Dovetailing with the splitting of INC, Prime Minister Justin Trudeau announce the Arctic Policy Framework (APF). The APF was co-developed with indigenous, territorial, …

Transboundary Air Pollution In Northeast Asia: Two Pathways Forward For China And South Korea, Yeeun Uhm, Creighton Barry

Sustainable Development Law & Policy

Simply put, air pollution kills. Each year, more than 5.5 million people die from illnesses caused by breathing polluted air worldwide. In 2013 alone, one in ten deaths globally were associated with air pollution. Such alarming statistics ought to provide governments a strong incentive to combat air pollution, but toxic air unrelentingly blankets places like New Delhi, Seoul, and Bangkok. Fundamentally, this may be because humans take the atmosphere for granted as a place to dump industrial waste. This article will discuss two alternative pathways to addressing transboundary air pollution between China and South Korea. One involves binding international dispute …

Sdlp After 20: Sustainable Development In The Anthropocene, David Hunter

Sustainable Development Law & Policy

This volume marks the 20th anniversary of Sustainable Development Law and Policy (SDLP) published by the students of American University’s Washington College of Law. SDLP was founded to explore the legal and policy dimensions of sustainable development (i.e. the simultaneous pursuit, or integration, of economic development, environmental protection, and social welfare). During its twenty years, SDLP has provided a forum for scholars, practitioners, and students to analyze the complex challenges to achieving economic and social justice within the constraints of our planet’s natural environment. From its first volume addressing liability for carbon trading, the regulation of genetically modified organisms, and …

About Page, Sustainable Development Law And Policy Brief

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

Dear Readers,

This issue is a celebration of Sustainable Development Law & Policy Brief’s (SDLP’s) twentieth anniversary. It has been a privilege to oversee SDLP during this tumultuous time. Now more than ever, we need to focus on global ramifications of the human environment. Over the past twenty years, SDLP has discussed developing theories in international environmental law. While we are living in strange times, SDLP continues to be a place to discuss how humans interact with the environment.

For this issue, we are celebrating twenty years by publishing articles and features that look at where the law of sustainable …

Endnotes, Joan F. Chu

Sustainable Development Law & Policy

Underserved Communities Trashed by Plastic; Continued

And Endnotes

Underserved Communities Trashed By Plastic: Slowing The Proliferation Of Petroleum Based Products Through Stewardship Laws And Enhanced Back-End Regulatory Solutions, Joan F. Chu

Sustainable Development Law & Policy

Introduction

Plastic pollution has attracted a tremendous amount of attention and press coverage in early 2021 as evidenced in news stories; an episode of John Oliver’s show, “Last Week Tonight”; and a viral tweet from Greta Thunberg highlighting a study linking plastic pollution to human penises shrinking. These eye-catching pieces stemmed from Dr. Shanna H. Swan’s work that culminated in her book, Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race. Other articles have highlighted plastic pollution’s impact on polar bears, which causes their penis …

Bison, Tribes, And Brucellosis In The Interagency Bison Management Plan, Bailey Nickoloff

Sustainable Development Law & Policy

Introduction

It would be in the best interest of the Interagency Bison Management Plan (“IBMP”) and its affiliated agencies to allow Tribal governments and Tribal members to hunt bison within Yellowstone National Park (“YNP”). This would help to reduce the spread of brucellosis, reduce the environmental impacts from bison in YNP, and honor the treaties signed between the United States and Tribal governments. These agencies can accomplish this by implementing treaty hunting rights in a new Environmental Impact Statement (“EIS”) and within an existing legal framework.

Paving A Path To Independent Tiny Living: An Introduction To Roadblocks, Jaclyn Troutner

Sustainable Development Law & Policy

“Tiny living” is a growing trend in which small-scale, ecoconscious housing is used as an alternative means for homeownership. Tiny homes are smaller than the average detached home with the appearance and character of a traditional freestanding residential home. They are one-story, single-occupant dwellings and usually constructed on a trailer base for towing. State-of-the-art building techniques provide a lower environmental burden and utility cost per square foot. Due to their smaller size, tiny homes are cheaper with an average price of $52,000, opening a wider door to home ownership. The typical design is to include all the standard amenities and …

Rulemaking Doubletake: An Opportunity To Repair And Strengthen The National Environmental Policy Act, Rachel Keylon

Sustainable Development Law & Policy

Introduction

In the middle of the twentieth century, there was a turning point in the United States and around the world in the understanding of the human relationship with the natural environment and natural resources. It was a shift from a perspective of natural resources endlessly available for exploitation to a perspective that natural resources are finite, and conservation and preservation are necessary to ensure that these resources are available for future generations. The accumulation of chronic environmental degradation, such as the unchecked proliferation of pesticides and other toxic chemicals, pollution to the nation’s waters, loss of land to erosion, …

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

Dear Readers,

For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.

In this issue, our authors provide an in-depth analysis into current regulations and …

Symposium: Sexual Orientation, Gender Identity & The Constitution: The Public Accommodations Dilemma - Whose Right Prevails, Meg Penrose

ConLawNOW

This essay gives a brief history of religious liberty-based objections to public accommodations law promoting societal integration and provides a potential solution. It argues there are parallels between LGBTQ discrimination and race discrimination, including the continued resistance to full integration and equality. The essay suggests a potential solution to the public accommodations dilemma between anti-discrimination and religious liberty in redefining the scope of religious liberty. Courts should protect religious services and activities—not secular services and activities. The status (religious or secular) of the person providing services should be irrelevant. The focus of public accommodations laws, and legal challenges to these …

The Presidential Coup, Anthony J. Ghiotto

Buffalo Law Review

What prevents the President from abusing the military power at his disposal to stage a coup and actively impose presidential rule upon the United States? What if generations of presidential assertions of authority, congressional acquiescence, and judicial abdication have not only laid the groundwork for the President to use military power to impose his will, but in fact have legally sanctioned such a presidential coup? And what if the informal checks and balances that historically protected against such abuse—specifically a benevolent President, a constitutionally faithful military, intra-executive branch checks, and public opinion—have also eroded to no longer function as checks? …

Developing Police, Madalyn K. Wasilczuk

Buffalo Law Review

No abstract provided.

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Ukrainians Are Fighting And Dying To Defend Their Homes. Could I Do The Same?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A Constitutional Theory Of Territoriality: The Case Of Puerto Rico, Joel Colón-Ríos, Yaniv Roznai

Cleveland State Law Review

This Article offers an analysis of the relationship between Puerto Rico and the United States that, unlike most of the existing literature, goes beyond discussions of the jurisprudence of U.S. courts and avoids providing merely descriptive or justificatory accounts. Using the tools of constitutional theory, we seek to describe the nature of what we call the “basic structure of territoriality,” the way that structure reproduces itself, and the possibility of its replacement. The basic structure of territoriality, we argue, is comprised by ten fundamental legal rules and five principles. Although those principles are not legally enforceable, they inform in important …