Browse Items (205 total)

Rethinking Sustainability.pdf
This article presents a preliminary effort to capture the dialogue at the Environmental Law Collaborative’s inaugural Workshop. Attendees engaged in the re-conceptualization of sustainability in the age of climate change, premised on evidence that…

A Response.pdf
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group provides an array of…

Beyond Zero.pdf
Environmental law and environmental protection are often portrayed as requiring trade offs: “jobs versus environment,” “markets versus regulation,” “enforcement versus incentives.” In the summer of 2016, members of the Environmental Law Collaborative…

Environmental Law.pdf
The U.S. regulatory environment is changing rapidly, at the same time that visible and profound impacts of climate change are already being felt throughout the world, and enormous, potentially existential threats loom in the not-so-distant future.…

Reducing Racial Bias.pdf
Even though the Supreme Court struck down race-based land use controls over a hundred years ago in Buchanan v. Warley, it has long been known that zoning continues to create or exacerbate racial and economic segregation. Today, communities across the…

Making America Better.pdf
In 2015, the United Nations Member States, including the United States, unanimously approved 17 Sustainable Development Goals (SDGs) to be achieved by 2030. The SDGs are nonbinding; each nation is to implement them based on its own priorities and…

Social Ideology.pdf
This article explores the architecture of the American courtroom and courthouse, in an effort to unearth the values and ideals embodied in American jurisprudence. The first section discusses the general notion that architecture, especially public…

Exploring Methods.pdf
Lost in the world of legal procedure and substantive case law, the pro se litigant often finds himself confused and overwhelmed, if not frustrated and bitter. Throughout their litigation, pro se litigants are confronted with numerous difficulties,…

Can a Private Corp.pdf
Over the past ninety years, cities and states have increasingly shifted control and oversight over government services from elected officials to quasi-private entities, called "public authorities". Today, public authorities perform thousands of…

Now We're Cooking.pdf
This essay explores the benefits and challenges presented by incorporating experiential learning and formative evaluation in the Drake University Law School course, Sustainability & Its Application. The course combined academic inquiry with actual,…

New Day.pdf
State preemption laws strictly limit local governments from regulating beyond their borders. Local governments, however, face a broad spectrum of challenges which cannot be confined to municipal borders. These challenges freely flow in and out of…

Towards Engaged Scholarship.pdf
The practice-oriented influences of the Carnegie Foundation’s Educating Lawyers and the report of the Clinical Legal Education Association, Best Practices for Legal Education, have been working on the academy for only five years; law teachers are…

Uncommon Approaches.pdf
Natural capital resources crucial to combatting climate change are potentially subject to tragic overconsumption absent a requisite degree of vertical government regulation of resource appropriators and/or horizontal collective action among resource…

Funding Adaptation.pdf
Adapting the built environment to the challenges of climate change will be expensive. This Article examines such costs that fall within the responsibility of local governments and that are relevant to the provision of public services. Specifically,…

Local Governments.pdf
This Article explores the decisions local governments make when confronted with a global commons collective action problem. Local governments often assume a role analogous, but not identical, to that of an individual private actor on a traditional…

Teaching Applied.pdf
This article describes and explains a sustainability law practicum class that is now taught in only two law schools, but which has considerable teaching and practical value. It also explains how this class is consistent with, and furthers, the…

Fifty Shades.pdf
Land use laws, such as comprehensive plans, site plan reviews, zoning, and building codes, greatly affect community resilience to climate change. One often-overlooked area of land use law that is essential to community resilience is the regulation of…

Foundations.pdf
Our essay questions how we understand local governance of the environment. From the perspective of those outside a city, the city can be understood through an external perception of what is “good” or “bad” about the city. One might visit a city to…

Saving the World.pdf
The land use and planning community began to address sustainability at the local level in the 1990s, but in reality, state-of-the-art development codes drafted in the 1990s and early 2000s did little to address climate change, energy conservation,…

Outsourced Emissions.pdf
While many local governments track greenhouse gas (GHG) emissions, almost all of them exclude the counting of GHGs associated with consumption. These emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of…

Religious - Bonventre.pdf
Is free exercise of religion a fundamental right or simply a nuisance? The fact of the matter is that it is both. Indeed, all of the fundamental rights, including the freedom of speech, freedom of association, freedom of the press, right to counsel,…

Cruelty - Rogerson.pdf
Reports of widespread, systemic, and pervasive abuses by immigration authorities have magnified the life and death consequences of anti-immigrant policies under the Trump Administration. From family separation and zero-tolerance border enforcement,…

Professional SSRN-id3719354 Queenan.pdf
The value-neutral approach to legal professionalism that prioritizes the duty to zealously advocate for clients within the bounds of the law, sometimes with disregard for individual values and morals, has resulted in a decoupling of one’s individual…

Brief SSRN-id2561394 Brescia & Heverly.pdf
Citizens interact with disclosures made by whistleblowers protected by the Whistleblower Protection Act in two ways. The first is a well-established and well-understood response: citizens are part of the feedback loop that puts pressure on government…

A Third Place for the Law Library.pdf
This article provides a brief history of the evolution of legal education in America, examining the roles of both law libraries and academic support programs. It then offers suggestions for ways to integrate library services with academic support…
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