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    Environmental Injustice and the Problem of the Law

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    Full-text available at SSRN. See link in this record. (18.81Kb)
    Issue Date
    2005
    Author
    Outka, Uma
    Publisher
    University of Maine School of Law
    Type
    Article
    Version
    http://ssrn.com/abstract=1567016
    Metadata
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    Abstract
    This Comment explores the state of the law of environmental justice and offers an analysis of why the courts have proven inhospitable to environmental justice claimants. It first offers a brief introduction to the problem of environmental injustice, then discusses how and why neither civil rights law nor environmental law has proven adequate to address environmental injustice. The Comment outlines the primary legal theories claimants have advanced and highlights the ways in which current judicial interpretations of the law undermine these theories in the environmental justice context. The piece concludes by asserting the need for judicial recognition of environmental injustice and urges reexamination of four key concepts: (1) disparate impact, (2) economic discrimination, (3) the fundamental right to bodily integrity, and (4) “risk.”
    Description
    Full-text available at SSRN. See link in this record.
    URI
    http://hdl.handle.net/1808/11560
    Collections
    • Law School Scholarly Works [621]
    Citation
    Uma Outka, Environmental Injustice and the Problem of the Law, 57 ME. L. REV. 209 (2005).

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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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