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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 …

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor

Richmond Public Interest Law Review

No abstract provided.

Safe At Home: Addressing Virginia's Housing Policy Concerns In A Pandemic, Ghazala Hashmi

Richmond Public Interest Law Review

This article examines the crisis of eviction that exists in the Commonwealth

of Virginia and the ways in which the COVID-19 pandemic highlighted

the particular vulnerability of low-income and minority communities.

Zoning policies, financing practices, limitations on tenants’ rights, and other

legal structures built into the Virginia Code underscore issues of systemic

racism that exacerbate the lack of affordable housing and instability of rental

opportunities. The article provides a highlight of recent legislation passed by

the Virginia General Assembly that seeks to address some of these concerns.

First In The South: Cannabis Legalization In Virginia, Jm Pedini, Cassidy Crockett-Verba

Richmond Public Interest Law Review

In 2021, Virginia made history when it became the first state in the

South to legalize cannabis for responsible use by adults. Though legalization

is now the law of the land, which today includes personal possession

and cultivation, there remains much work to be done before Virginians are

able to legally purchase cannabis outside of the medical program. Concerns

over social equity provisions, retail sales dates, and the reenactment

clauses added during the 2021 legislative session have drastically slowed

the process of expanding the regulated marketplace to adult-use consumers.

With many key components requiring reenactment by the 2022 General Assembly …

A Year Of Monumental Change: A Review Of Virginia's 2021 General Assembly Regular And Special Sessions, Andrew Mullen

Richmond Public Interest Law Review

Between the abolition of the death penalty and the continued fallout from

the COVID-19 pandemic, the Virginia General Assembly had a full plate of

legislative priorities in 2021. This Article will provide a summary of the major

bills that were introduced, passed, or that failed during the 2021 Regular

and Special Sessions. The other articles within this issue cover the following

topics in depth: reproductive justice, criminal justice legal reform, housing

policy concerns during the pandemic, cannabis legalization, and environmental

justice. This Article summarizes legislation grouped in the following

parts: I. Civil and Criminal law, II. Education, III. Labor and …

Empowering The Defense To Confront The Government's Powers: Virginia Criminal Justice Legal Reform, Bryan Kennedy, Catherine F. Zagurskie

Richmond Public Interest Law Review

During the 2021 Session and 2021 Special Session, Virginia took steps to

restore the balance between individuals ensnared in the criminal legal system

and the government. These new laws allow people who are involved in

the criminal legal system to emphasize their humanity and to hold the government

to its various burdens at all stages of the case, including pre-trial,

trials, sentencing, and appeal. This article discusses four of the most important

changes to Virginia law that ensure a more level playing field between

the government and the accused.

First, eliminating the presumption against bail challenges the government’s

power of …

Access Is Everything - Post Rhpa Virginia - What's Next? The Case For Rhea And Other Matters, Galina Varchena, Margie Del Castillo

Richmond Public Interest Law Review

Virginia has taken positive forward steps to liberalize its abortion legislation,

bringing it closer in line with medical science and common sense. However,

accessing abortion care remains difficult for many, and additional legislative

measures are necessary to make the full range of reproductive

healthcare accessible for all, regardless of immigration status, race, gender,

income, or geography. The Reproductive Equity Healthcare Act, a bill modeled

in part on its Oregon namesake, is the next logical step forward towards

making reproductive justice a reality for all Virginians. While the details of

the final bill may vary, there are fundamental pillars that reproductive …

A Legal Update On Environmental Justice In Virginia: Where Are We Now?, Jasdeep S. Khaira, Patrice Lewis, Abigail Thompson, Scott Foster

Richmond Public Interest Law Review

Environmental justice (“EJ”) is rapidly evolving in Virginia while people

are still trying to understand what EJ actually means. As a result, regulators

are unsure of how to incorporate environmental justice in their decisionmaking

process while the regulated are uncertain of how to proceed in the

ever-changing political, social, and regulatory landscape. This article gives

an overview of EJ’s evolution in Virginia, synthesizing notable environmental

justice legal decisions; providing supplementary research on environmental

justice studies, workgroups, and reports; and offering several predictions

on EJ’s fate in the Commonwealth.

Let Us Not Be Intimidated: Past And Present Applications Of Section 11(B) Of The Voting Rights Act, Carly E. Zipper

Washington Law Review

As John Lewis said, “[the] vote is precious. Almost sacred. It is the most powerful non-violent tool we have to create a more perfect union.” The Voting Rights Act (VRA), likewise, is a powerful tool. This Comment seeks to empower voters and embolden their advocates to better use that tool with an improved understanding of its little-known protection against voter intimidation, section 11(b).

Although the term “voter intimidation” may connote armed confrontations at polling places, some forms of intimidation are much more subtle and insidious—dissuading voters from heading to the polls on election day rather than confronting them outright when …

Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander

Faculty Scholarship

“There’s no place like home,” said Dorothy. Yet, millions of people in the United States may face eviction, foreclosure, or homelessness in 2021 and beyond. America is on the brink of an unprecedented housing crisis in the wake of Covid-19. The federal government, and various states and localities, have taken actions to avert a housing crisis in the aftermath of Covid 19. While these actions have undeniably helped mitigate widespread foreclosure and eviction crises, they do not fully address the more fundamental American housing challenge—an inadequate supply of affordable housing at all income levels, a longstanding problem that Covid-19 has …

Online Falsehoods, Constitutional Free Speech And Its Limits: The Online Citizen V The Attorney-General, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal has for the first time in The Online Citizen v The Attorney-General (8 October 2021) adjudicated on the constitutionality of correction directions issued by Ministers against allegedly false statements of fact under the Protection from Online Falsehoods and Manipulation Act 2019. An overarching framework was utilised to assess whether the Ministerial directions restrict free speech under Article 14(1)(a) of the Constitution; if so, whether the restrictions are justifiable under the Constitution and whether there is a rational nexus between the statutory aims and enumerated exceptions. This case comment also examines the constitutional stance towards subject …

Analysing The Constitutionality Of Executive Action Under Articles 14 And 15 In Singapore – Theoretical And Doctrinal Perspectives, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

Articles 14 and 15 of the Singapore Constitution enshrine the rights to free speech, religious freedom, and other related rights in Singapore. These provisions also set out the circumstances under which these rights may be restricted. Notably, however, these provisions are directed at legislativerestrictions. The question is how they are applicable to executive action. This paper suggests that there are two possible means by which one can assess the constitutionality of executive action under Articles 14 and 15 in Singapore – the jurisdictional and substantive approaches – and demonstrates that evidence of both approaches can be found in Singapore law. …

The Un Security Council And The Saga Of “Global Legislation”, Gadi Ezra

International Law Studies

The release of the UN Security Council from the “veto chains” that characterized the Cold War has led it to intensively engage in a wide spectrum of conflicts and issues. This expanded activity has peaked around its “global legislation” attempts. Although often used in the legal literature, this term is vague and contested. Scholarly work occasionally discusses the Council’s alleged global legislation, but without initially offering a proper working definition of the term. Arguments both for and against are frequently laid incoherently and can roughly be divided into two types: those assessing the Council’s authority to engage in global legislation, …

Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib

Theses and Dissertations

Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public’S Health, Paul Mclaughlin

Scholarly Works

This Article will examine the unequal treatment of the sexes under the law with regard to prophylactic treatments against STDs. The second section of this Article will discuss the ethical and legal issues in the use of prophylactic treatments and the issues involving informed consent regarding their use. The third section of this Article will discuss the historic and current use of prophylactic surgeries on both sexes to prevent disease and the challenges that have been raised against such practices. The fourth section of this Article will discuss the use of the H.P.V. vaccinations in both sexes to reduce the …

Liability For Use Of Artificial Intelligence In Medicine, W. Nicholson Price, Sara Gerke, I. Glenn Cohen

Law & Economics Working Papers

While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving health-care providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability: individual health-care providers, focused on physicians; institutions, focused on hospitals; and developers.