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Limiting the National Right to Exclude
In: University of Miami Law Review, Forthcoming
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Taxi Regulation in the Age of Uber
In: New York University Journal of Legislation and Public Policy, Band 2, Heft 1
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The Recovery in U.S. Fisheries
In: Journal of Land Use & Environmental Law, Forthcoming
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Are We Morally Obligated to Assist Climate Change Migrants?
In: Law & ethics of human rights, Band 7, Heft 2, S. 185-212
ISSN: 1938-2545
Abstract
There is considerable concern that climate change will displace many people in developing countries from their homes. This article examines whether developed countries are morally obligated to assist people displaced by climate change in developing countries. The article argues that there may not be a moral duty to assist climate change migrants as a category. Nonetheless, developed countries may have duties to assist vulnerable people elsewhere and may be obligated to assist climate change migrants along with other vulnerable people. In addition, there likely is a duty to assist a particular subset of climate change migrants, specifically the citizens of small island countries existentially threatened by climate change. The article concludes by assessing the implications of its moral analysis for the focus of law and policy. Instead of developing new treaties to assist climate change migrants as a number of academics and practitioners have recently proposed, law and policy should be concerned with assisting migrants at risk generally, and/or the citizens of small island countries existentially threatened by climate change.
Is There A Moral Justification For Redressing Historical Injustices?
In recent years, there have been lively popular and academic debates in the United States and elsewhere about whether injustices committed decades or even centuries ago should be redressed through official apologies, commissions of inquiry, reparations, and restitution. In the American context, the historical injustices for which redress has been pursued, and in some cases granted, include the internment of Japanese Americans during World War II, the Holocaust, and the mistreatment of Native Americans. Recently, the most prominent debate in the United States has been about whether federal and state governments and corporations should pay reparations to African Americans for slavery and subsequent discrimination. Indeed, in the past few years, several major books have been published advocating reparations for African Americans, numerous law reviews have held symposia on the idea, and many stories have appeared on the subject in print and television media. This Article examines whether there is a moral justification for redressing historical injustices, focusing on debates in the American context. Perhaps because the legal case for redressing historical injustices is often weak, many supporters of redress advance moral arguments. For example, proponents argue that redressing historical injustices is necessary to deter future wrongdoing or to promote a more just distribution of societal resources. More frequently, they emphasize the injustice of the original wrong and argue that there is a continuing obligation to correct it. I argue that notwithstanding the prominent role that moral arguments play in these claims, it is difficult to justify redress for historical injustices in moral terms. This does not mean that redress never is morally warranted. But the difficulty of making a strong moral argument for redressing historical injustices is instructive. In particular, it helps to explain why redress has not been implemented in many instances notwithstanding extensive public debate and why, when redress has been ...
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Integrating Food Into Local Climate Policy
In: NYU Journal of Legislation and Public Policy, Forthcoming
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Propertizing Environmental Attributes
In: NYU Law and Economics Research Paper No. 21-18
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Building Better Building Performance Standards
In: NYU School of Law, Public Law Research Paper, Forthcoming
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Toward Tradable Building Performance Standards
In: Environmental Law Reporter, Band 52
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Towards Tradeable Building Performance Standards
In: Environmental Law Reporter, Forthcoming
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The Urban Environmental Renaissance
In: California Law Review _(2020) (Forthcoming)
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Cities As Global Environmental Actors: The Case of Marine Plastics
In: Arizona Law Review, Forthcoming
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Project Report: Breaking the Logjam: Environmental Reform for the New Congress and Administration
In: "Project Report," (Breaking the Logjam: Environmental Reform for the New Congress and Administration, A Project of New York Law School and NYU School of Law, February, 2009) (with Richard B. Stewart and Katrina M. Wyman)
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Amicus Curiae Brief of the Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law in Support of Petitioners (Federal Energy Regulatory Commission v. Electric Power Supply Association, Supreme Court of the United States)
In: NYU Law and Economics Research Paper No. 15-12
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Working paper