Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,,
2021
Fordham Law School
Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal
Fordham Environmental Law Review
In the mid-1900s the United States began to see a rise in concern for environmental awareness issues. In the early days the movement focused on things like clean air, water and pollution but by the 1970s-1990s many prominent environmental awareness groups began to form focused on the idea that in order to avert climate change the principal goal needed to be to reduce global greenhouse gas emissions. In 1987 a report was released called Toxic Waste and Race, which outlined an intimate link between the placement of environmental hazardous waste sites in communities of color, and greater instances of polluted …
Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force,
2021
Fordham Law School
Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz
Fordham Environmental Law Review
Transboundary resource disputes are often analyzed by reference to two nebulous and conflicting principles that have emerged in international environmental law: “equitable and reasonable utilization” and “no significant harm.” Frequently overlooked in this context is the potential value of other canons of international law—especially human rights law, criminal law, and the rules governing the use of force—in adding definition to the muddled contours of these foundational precepts. This Article therefore undertakes an assessment of sovereign rights and obligations regarding shared natural resources which arise from these other bodies of law. In doing so, it offers new lenses through which to …
Squaring The Cercla: Superfund And The Superfund Task Force,
2021
Fordham Law School
Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos
Fordham Environmental Law Review
The Superfund Task Force recently released its final report on the implementation of its recommendations for improving the Superfund program. The Task Force was given five goals for improving the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA’s”), implementation. These goals are to expedite cleanup and remediation, re-invigorate responsible party cleanup and reuse, encourage foreign investment, promote redevelopment and community revitalization, and engage with partners and stakeholders. While the Task Force’s recommendations have improved CERCLA’s implementation, many of CERCLA’s structural flaws remain intact. Specifically, CERCLA still has a severe shortage of funding, an unfair liability scheme, perverse incentives, …
Health Care Fraud Means Never Having To Say You're Sorry,
2021
University of Washington School of Law
Health Care Fraud Means Never Having To Say You're Sorry, Jacob T. Elberg
Washington Law Review
For decades, the Department of Justice (DOJ) has issued a steady flood of press releases announcing False Claims Act (FCA) settlements against health care entities and extolling the purportedly sharp message sent to the industry through these settlements about the consequences of engaging in wrongdoing. The FCA is the primary mechanism for government enforcement against health care entities engaged in wrongdoing, and it is expected to be DOJ’s key tool for addressing fraud arising out of government programs in response to the COVID-19 pandemic. DOJ has pointed to three key goals of its enforcement efforts (deterrence, incentivizing cooperation, and building …
Masthead & Table Of Contents,
2021
Schulich School of Law, Dalhousie University
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020],
2021
Singapore Management University
Judicial Review Of Non-Statutory Executive Action [Amanda Sapienza, Federation Press, 2020], Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Dr. Amanda Sapienza’s “Judicial Review of Non-Statutory Executive Action” (The Federation Press, 2020) is an impressive work of scholarship. It provides a comprehensive and in-depth analysis of various aspects of the law relating to judicial review of non-statutory executive action with a specific focus on Australia, engaging with issues ranging from jurisdiction, justiciability, the conceptual basis for judicial review of non-statutory executive action, and the grounds of review and remedies available for judicial review of such action. While the book is directed primarily at Australian law, the quality and detail of the analysis proffered within makes it a worthy read …
Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution,
2021
Seattle Pacific University
Vocation Or Victimization: An Analysis Of Legal Models Addressing Prostitution, K'Reisa J. Cox
Honors Projects
This discussion of legal models addressing prostitution evaluates the three predominate models currently implemented worldwide: criminalization, legalization/full decriminalization, and partial decriminalization (also termed the Nordic Model). Specific focus is given to each model’s capacity to maintain nations’ human rights obligations to people in prostitution, specifically the right to free choice of employment, and the right to safe working conditions free of exploitation and coercion. Along with evaluating the origins, structure, strengths, and weaknesses of each, case studies of all three models in practice are incorporated to transition from theoretical to practical evaluation. Each model’s unique design, purported outcomes, and various …
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession,
2021
DePaul University
Why Impoverished Discourse Gets A Slap On The Wrist: The Causes And Challenges Of Sexual Harassment Of Women In The Legal Profession, Kylene Slocum
DePaul Journal for Social Justice
No abstract provided.
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality,
2021
DePaul University
#Seehername: Using Intersectionality And Storytelling To Bring Visibility To Black Women In Employment Discrimination And Police Brutality, Nia A.D. Langley
DePaul Journal for Social Justice
No abstract provided.
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors,
2021
DePaul University
Welcome Home? An Analysis Of Federal Housing Programs And Their Efficacy In Reducing Homelessness Among Domestic Violence Survivors, Courtney Veneri
DePaul Journal for Social Justice
No abstract provided.
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix,
2021
DePaul University
From Brock Turner To Brian Banks: Protecting Victims And Preserving Due Process In The New Area Of Title Ix, Laura Perry
DePaul Journal for Social Justice
No abstract provided.
Table Of Contents,
2021
DePaul University
How U.S. Society Has Treated Those With Mental Illnesses,
2021
University of Richmond
How U.S. Society Has Treated Those With Mental Illnesses, Michael Mullan
Richmond Public Interest Law Review
Persons with mental illness are incarcerated in prisons across the United States at disproportionate rates compared to the general population. Under-standing why this is so requires an examination of how society in general has treated persons with mental illnesses. This article relates a history of neglect and stigmatization in examining the entities responsible for care of persons with mental illnesses, including the family, asylums and prisons. The article identifies trends of institutionalization, deinstitutionalization, and transinstitutionalisation, whereby large amounts of inpatients with mental illnesses moved out of psychiatric institutions, into the streets, and then into the criminal justice system. The article …
Prefatory Matter,
2021
University of Richmond
Pressure On The Trigger Will Now Fire The Weapon: An Examination Of How The Supreme Court, Congress, And Presidents Have Left The Legal Foundation For Executive Detention Akin To The World War Ii Era Internment Of Japanese Americans Largely Intact,
2021
University of Richmond
Pressure On The Trigger Will Now Fire The Weapon: An Examination Of How The Supreme Court, Congress, And Presidents Have Left The Legal Foundation For Executive Detention Akin To The World War Ii Era Internment Of Japanese Americans Largely Intact, Kevan F. Jacobson
Richmond Public Interest Law Review
Contrary to Chief Justice Robert's dicta, Trump v. Hawaii (2018) did not overrule Korematsu v. United States (1944) which upheld the exclusion of Japanese Americans from the West Coast during World War II. Korematsu and its related cases are still troublingly vital. Their expansive reading of the war powers justifying executive detention has been bolstered by the Court's cases addressing detainees held at Guantanamo Bay. Hamdi v. Rumsfeld (2004), which sanctioned the detention of a U.S. citizen pursuant to the Authorization for the Use of Military Force, exposed a fundamental weakness in the Non-Detention Act, the principal statutory barrier to …
From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity,
2021
University of Richmond
From The Exception To The Rule: A Realistic Analysis And Approach For Advancing Board Diversity, Brianne Donovan
Richmond Public Interest Law Review
With companies increasingly promoting diversity and inclusion measures, how are they ensuring diversity and inclusion within their own leadership teams? The landscape for gender diversity within corporate boards is bleak and the landscape for racial diversity is worse. Throw in the intersection of race and gender and the picture becomes even bleaker. In order to combat this corporate governance issue, the U.S. and other countries have primarily focused on three regulatory approaches: (1) the quota system, (2) the disclosure method, and (3) the comply-or-explain approach. This paper addresses each approach (internationally and domestically) to implement greater board diversity for U.S. …
Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism,
2021
University of Richmond
Federal Execution Protocols: Lessons Learned In Grammar And Reverse Federalism, Julianna Meely
Richmond Public Interest Law Review
In 2019, the Department of Justice announced that it was ready to restart federal executions and issued a press release outlining how they would proceed. The Press Release dictated that the federal inmates would be injected using a one-drug protocol comprised of the barbiturate pentobarbital. This was a source of controversy as the new federal protocol was not the same protocol used in several states and the federal statute governing executions at the federal level states that federal executions be conducted “in the same manner” as the state in which the execution occurs. This discrepancy sparked litigation in which courts …
Letter From The Editor,
2021
University of Richmond
Letter From The Editor, Eudora F.S. Arthur
Richmond Public Interest Law Review
No abstract provided.
Transformation Of The American Legal System: Permanent Measures From Covid-19,
2021
University of Richmond
Transformation Of The American Legal System: Permanent Measures From Covid-19, John B. Taschner
Richmond Public Interest Law Review
The COVID-19 pandemic upended virtually every aspect of everyday life, from grocery stores to judicial procedures. The American judicial process is a unique adversarial system that guarantees the right to confront, often before a live jury. Yet, the necessities of social distancing and protecting public health means that these once unshakeable tenets of the United States justice system have been forced to undergo watershed transformation throughout the pandemic. The word transformation is carefully chosen, as certain measures are no longer temporary. Rather, a fundamental shift in the formerly concrete facets of judicial procedure has occurred – almost certainly never to …
Cancelling Justice? The Case Of James Clark Mcreynolds,
2021
University of Richmond
Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers
Richmond Public Interest Law Review
Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …
