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The Hidden Success of a Conspicuous Law: Proposition 65 and the Reduction of Toxic Chemical Exposures

Newcomers to California could be forgiven for thinking they have crossed into treacherous terrain. By virtue of the state’s Proposition 65 right-to-know law, store shelves and public garages everywhere announce, “WARNING: This [product/food/facility] contains chemicals known to the State of California to cause cancer [or reproductive harm].” The proliferation of consumer warnings about toxic exposures in everyday life has made Prop 65 highly controversial, as has the degree to which the law incentivizes citizens to sue businesses for failure to warn. Both features make the law recurrently vulnerable to weakening in Sacramento and preemption in Washington, D.C. Against this backdrop—and at a time when Prop 65 faces a live preemption threat in Congress—this Article tells a new story about the law’s considerable benefits in reducing exposure to toxic chemicals.

Feb 03, 2021
Claudia Polsky and Megan Schwarzman

A Disability Rights Approach to Climate Governance

Despite international recognition of the greater vulnerability of persons with disabilities to climate change, disability issues have received little attention from practitioners, policy makers, and scholars in this field. As countries move forward with measures to combat climate change and adapt to its impacts, it is critical to understand how these efforts can be designed and implemented in ways that can respect, protect, and fulfill the human rights of disabled persons.

Nov 20, 2020
Sébastien Jodoin, Nilani Ananthamoorthy and Katherine Lofts

Whither the Regulatory “War on Coal”? Scapegoats, Saviors, and Stock Market Reactions

Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016.

Nov 20, 2020
Cary Coglianese and Daniel E. Walters

Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement

According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these communities devastated, endangered, and displaced.

Nov 20, 2020
Scott W. Stern