On Awareness for Environmental Poverty Lawyering

Earth month, April, provides an opportunity for everyone to reflect on how we treat our largest shared resource: the Earth itself. Use of this resource often brings to mind drilling in wildlife areas or deforestation in any number of places worldwide. However, I would like to draw attention to the environmental dangers we face in urban areas: dangerous environmental practices that tend not to come to light because they are overshadowed by major environmental disasters and because these dangers affect only those people least able to help themselves.

Many poverty-stricken communities are subject to environmental dangers with no ability to remedy them. The problems these communities face are seemingly unlimited, from the building of low-income housing developments on former toxic waste dumps, as in Love Canal, New York, to the systematic destruction of local parks and recreational areas in order to develop industry. The reasons impoverished communities often have no voice in these decisions are two-fold: (1) a lack of historical recognition of impoverished communities in the law, and (2) disorganization in the communities themselves.

In addressing the first point it is important to note that many of the environmental and community dangers across the country arising from commercial and industrial development are legal.  

Continue ReadingOn Awareness for Environmental Poverty Lawyering

Usufructuary Rights and the Chippewa

I am only kidding when I tell my Property students that using the word “usufruct” on their finals will yield extra credit, but I am in fact intrigued by the venerable notion of usufructuary rights. The holders of usufructuary rights may use and enjoy real property that is vested in another as long as they do not use up that property or do harm to it.

The potential assertion of usufructuary rights has surfaced recently in conjunction with Governor Walker’s efforts to prompt iron ore mining along the northern rim of Wisconsin and to create sales opportunities for manufacturers of mining equipment. Native Americans and particularly several bands of Chippewa (formally recognized branches of the Ojibwe people) have opposed the development of the mines because mining waste contains sulfides that pollute wetlands, streams, and groundwater. And, as it turns out, the Chippewa have usufructuary rights related to the lands where the projected mines will be located!

Continue ReadingUsufructuary Rights and the Chippewa

Why Dive?

As the temperatures drop at this time of year in Wisconsin, my thoughts turn to diving in the Caribbean.

Scuba diving is my family’s hobby, and we have dived (and snorkeled) throughout the Caribbean. I have seen almost anything imaginable on dives except for sharks. I know (and actually hope) they are there, swimming at the edge of the reef, but I haven’t been fortunate to see one yet.

My favorite animal to spot is a ray. The eagle rays look like birds soaring through the water. Once I came close to a barracuda. In my excitement I forgot to back away and had to be pulled back. Another time our boat came upon a pod of dolphins that jumped and raced with the boat.

Continue ReadingWhy Dive?