The Supreme Court has agreed to take up an issue that has stymied regulators and judges: waste disposal facilities planned for construction in minority areas
Article Abstract:
The US Supreme Court has granted certiorari in the case of Chester Residents Concerned for Quality of Living v. Seif, a case in which environmental justice advocates in that predominantly African American town brought an action pursuant to Title VI and the EPA's implementing regulations against the Pennsylvania Department of Environmental Protection challenging the issuance of a waste-facility permit. Using Title VI of the 1964 Civil Rights Act represents a new weapon in the "NIMBY" argument, and studies in the late 1990s have shown a disproportionate tendency of waste disposal facilities to be located in minority communities.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Is it paranoia or fear?
Article Abstract:
Recent acts directed at the US govt by those who fear its power merely hint at the vast and growing current of anger and distrust over excessive govt action and prosecutorial overreaching. Government agencies have never shown a valid reason for their presence, let alone their criminal actions, in Waco or at Ruby Ridge, ID. Virtually every aspect of life is now subject to criminalization at the whim of authorities in obscure agencies, and they are seeking still more power to broaden this authority.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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The role of judges as triers of fact and law
Article Abstract:
Judges unwilling to compare law with reality, for example by showing some skepticism for outlandish police testimony, help make a mockery of constitutional protections, and hence of the law itself. Denise Turnipseed's conviction on police evidence that contradicted the cops' own reports shows the worst elements of this system, encouraging an end-run around the Fourth Amendment. Only one appeals judge, Carl McCormick, saw clearly and pointed out the huge gap between law and reality in this case.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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