Law

... Prior experience of incarceration compounds the difficulties of finding well-paying employment once a ... The kaleidoscopic, mutually reinforcing character of these varied forces leads Katz and colleagues (2005 ... of California as well as in the cities of Chicago, Detroit, Los Angeles ...

... Prior experience of incarceration compounds the difficulties of finding well-paying employment once a ... The kaleidoscopic, mutually reinforcing character of these varied forces leads Katz and colleagues (2005 ... of California as well as in the cities of Chicago, Detroit, Los Angeles ...

... Their increasing willingness to become cross-voters when it best meets their political needs makes them more attractive as political consumers. ... However, the consistency in voting pat-terns and loyalty that marks the Black community suggests that the act of voting for the ...

... 28 Mimura, supra note 23, at 707 (quoting Jon Barnett and W. Neil. ... the same process that carries sediment to the island interior, is extremely damaging to atoll fresh water supplies, the soil, the forests that supply food and the wetlands in which island residents grow taro as a ...

Page 1. MAXINE BURKETT* Reconciliation and Nonrepetition: A New Paradigm for African-American Reparations Abstract The contemporary paradigm for African-American ... due in large part to its ubiquity in black popular culture,22 is General William Sherman's Special Field ...

In sharp contrast to the flurry of legal and policy-oriented efforts of years past, climate activists today employ protest and nonviolent civil disobedience to advance their agenda for rapid and ambitious mitigation and adaptation. In so doing, activists make explicit references to the storied past of defining social movements in American history -notably the anti-slavery movements of the 19th century and the civil rights movement of the 20th -and draw direct comparison to the moral failure igniting the relevant social movements. This article examines a topic largely ignored by the legal academy, the emerging climate movement, to assess the usefulness of its persistent reference to prior movements. Comparing this recent mobilization with earlier struggles, this article explores the following questions: First, what are the characteristics of the climate movement and what tactics and narratives does it employ? Second, how are the moral questions and legal and policy goals of the climate movement similar to, or distinct from, the social movements that many climate activists invoke? Third, given the distinct moral and legal questions posed by climate change, what lessons could the climate movement glean from other similarly poised social movements? The preliminary conclusions note that extra-legal actions and non-violent civil disobedience were ostensibly indispensable in the past and appear relevant today. Further, points of overlap and departure in the framing and narrative of prior movements may be instructive for the contemporary climate movement.

This article explores so-called 'loss and damage' as well as the emerging legal infrastructure that seeks to address it. The article concludes by identifying some of the deep points of contention in the international discourse on loss and damage, particularly regarding compensation, and considerations for a successful resolution of the impasse that loss and damage has produced.

Despite their clear and significant vulnerability to climate change, small island developing states have not had the opportunity to pursue in earnest a remedy for the impacts of that change. All small island developing states face significant challenges to their economic well-being and the availability of basic resources-including food and water. Some face the loss of habitability of their entire territory. Identifying and implementing adequate repair will be difficult enough. After at least two decades of knowledge of these impacts, however, small island developing states still face the equally difficult task of just getting their claims heard. This is not for want of trying. Indeed, there has been extensive research and scholarship as well as abbreviated attempts in international fora to hold large emitters accountable. These have not been effective. Further, the latest attempt to clarify the legal responsibility of the largest emitters has been met with threats of reprisal by those large emitters. This kind of intimidation, coupled with a weak international legal regime at base, delays justice for
small island developing states.

In this article, Professor Burkett explores the failure of the legal regime to provide adequate process and substantive remedy for small island developing states-either through the absence of viable legal theories, capacity constraints, or uneven power dynamics in the international arena-or all three. She argues, however, that the costs of pursuing these claims-and other novel approaches she outlines in the article-are
dwarfed by the costs to small island communities of unabated climate impacts. In surveying the possible claims and introducing new approaches, Professor Burkett attempts to respond to a striking and persistent (if unsurprising) justice paradox: the current international legal regime forecloses any reasonable attempts at a remedy for victims of climate change who are the most vulnerable and the least responsible.