Showing posts with label environmental history. Show all posts
Showing posts with label environmental history. Show all posts

Tuesday, February 9, 2021

Cheney on law and environmental change in Qing China

 Wesley Cheney (Bates College) has published "Threats to Gong: Environmental Change and Social Transformation in Northwest China" in Late Imperial China 41:2 (Dec.2020), 45-94. Here is the abstract: 

This article examines legal cases centering on the management of communal resources along the Tao River watershed during the Qing dynasty. Local commons, or gong holdings, had lasted for generations, but frayed when faced with subsistence pressures, demographic changes, and market penetration. Lineages could not maintain pastures if members’ own shrinking holdings made it difficult to put food on the table. Villages could not enforce regulations if outsiders were not bound by communal norms. And groups could not set aside forests if commercialization displaced local cultural values for prices, communally-held woodlands for units of timber. Focusing on village-level practices, this article argues that gong regimes were, above all, a matter of social relationships. Beginning in the eighteenth century, these relationships became strained as material conflicts were inflected by increasingly violent articulations of intercommunal, and often ethnic, difference. Behind the ethnicized brutality of the 1860s lay these long-term conflicts between different modes of production.

Prof. Cheney was a Hurst Institute fellow in 2017. Further information is available here

--Mitra Sharafi 

Saturday, January 16, 2021

Weekend Roundup

  • The Viennese Legal History Society (Wiener Rechtsgeschichtliche Gesellschaft) holds its events online via Zoom during the pandemic and opens the talks now for the wider public.  On 19 January, at 18:50 Vienna, Professor Thomas Simon (Vienna) will give a talk in German with the title: "Christlich", "deutsch", "ständisch": Die sog. "Maiverfassung" 1934 und der "Autoritäre Ständestaat". Versuch einer verfassungsgeschichtlichen EinordnungZoom link.
  • On Monday, March 8, 2021, 12:00pm to 1:00pm, former LHB Guest Blogger Thomas McSweeney, William and Mary Law School, will discuss his book Priests of the Law: Roman Law and the Making of the Common Law's First Professionals (Oxford University Press, 2020) with Elizabeth Papp Kamali, Harvard Law School.  Register and more here.
  • The University of Nebraska, Lincoln is advertising a postdoctoral research associateship for “a project manager of a collaborative team collecting and processing habeas corpus petitions to design and populate a robust database that will allow researchers to demonstrate the many interpersonal and institutional relationships evident in these claims to freedom while also assessing their significance and value within the larger body of American jurisprudence.”  More.
  • Nial Osborough, "Ireland’s greatest legal historian," is dead (Irish Times).
  • The Supreme Court Historical Society has lesson plans for its video, "The Supreme Court and the 1876 Presidential Election."  
  • The Organization of American Historians has issued a statement January 6 attack on the U.S. Capitol.
  • “The Society for U.S. Intellectual History is now accepting nominations for the 2020 Dorothy Ross Prize for best article in US intellectual history by an emerging scholar."
  • Over at Environment, Law, and History, David Schorr notices Thomas Le Roux’s extended review of Chad Montrie's The Myth of Silent Spring: Rethinking the Origins of American Environmentalism (U Cal Press, 2018).
  • Supervisory Curator Herman Eberhardt of the Franklin D. Roosevelt Library explores “historic artifacts, documents, photographs, and film from the inaugural ceremonies of 1933, 1937, 1941, and 1945" on January 20 at 2PM.  More.
  • Legal historical op-eds and other writings on self-pardons, the 25th Amendment, impeachment, Section 3 of the 14th Amendment and related matters are legion.  Here is a smattering: The US Senate History office on the post-resignation impeachment of William Belknap. William Eskridge says self-pardoning isn't a thing (WaPo).  Mark Graber on the second impeachment (WBALTV).  How scholars interpret "treason, bribery, or other high crimes and misdemeanors" (NatGeo).  John D. Feerick on our nation's history with presidential inability and succession (The Hill).  Eric Foner and Gerard N. Magliocca on Section 3 of the Fourteenth Amendment (WaPo).  Joanne Freeman ad Geoffrey Stone on sedition (NYT).  Gregory Ablavsky compares the assault on the Capitol with the Wilmington Massacre of 1898 (Stanford News).
  • Also Phil Magness and the Pacific Legal Foundation on the 1619 Project (PLF).

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Saturday, April 25, 2020

Weekend Roundup

  • Barbara Allen Babcock, the first woman member of the Stanford Law School faculty, the Judge John Crown Professor of Law, Emerita, the author of Woman Lawyer: The Trials of Clara Foltz (2011, and a great promoter of the history of women in the legal profession has died. Here's Stanford's press release. 
  • Congratulations to Jennifer Mnookin, a historian of the law of evidence, Erika Lee, a historian of immigration law and policy, and my law dean William Treanor, a constitutional historian of the Founding, upon their induction into the American Academy of Arts and Sciences.  I was also very pleased to see my Georgetown colleague Michael Kazin among the inductees.  DRE
  • Julian Mortenson and Nicholas Bagley’s attack on the originalist case for the nondelegation in American constitutional law has prompted two responses on SSRN by Ilan Wurman and Aaron Gordon
  • ICYMI: Richard Lazarus’s Rule of Five, on Massachusetts v. EPA, in Harvard Law Today.The NYT obit of Richard Sobol, who went from Columbia Law to Arnold, Fortas & Porter to the Lawyers Constitutional Defense Committee in 1965.
 Weekend Roundup is a weekly feature compiled by all the Legal History bloggers.

Friday, March 6, 2020

Craig's "Stringfellow Acid Pits"

We received word the other day of another addition to the shelf of book-length case studies on environmental law (ours includes Duncan Maysille’s Ducktown Smoke and William Buzbee’s Fighting Westway).  It is Stringfellow Acid Pits: The Toxic and Legal Legacy (University of Michigan Press, 2020) by Brian Craig, a lawyer in Logan, Utah and a full-time adjunct faculty member in the School of Legal Studies at Purdue University Global.
Stringfellow Acid Pits tells the story of one of the most toxic places in the United States, and of an epic legal battle waged to clean up the site and hold those responsible accountable. In 1955, California officials approached rock quarry owner James Stringfellow about using his land in Riverside County, east of Los Angeles, as a hazardous dump site. Officials claimed it was a natural waste disposal site because of the impermeable rocks that underlay the surface. They were gravely mistaken. Over 33 million gallons of industrial chemicals from more than a dozen of the nation’s most prominent companies poured into the site’s unlined ponds. In the 1960s and 1970s, heavy rains forced surges of chemical-laden water into Pyrite Creek and the nearby town of Glen Avon. Children played in the froth, making fake beards with the chemical foam. The liquid waste contaminated the groundwater, threatening the drinking water for hundreds of thousands of California residents. Penny Newman, a special education teacher and mother, led a grassroots army of so-called “hysterical housewives” who demanded answers and fought to clean up the toxic dump.

The ensuing three-decade legal saga involved more than 1,000 lawyers, 4,000 plaintiffs, and nearly 200 defendants, and led to the longest civil trial in California history. The author unveils the environmental and legal history surrounding the Stringfellow Acid Pits through meticulous research based on personal interviews, court records, EPA documents, and other documents. The contamination at the Stringfellow site will linger for hundreds of years. The legal fight has had an equally indelible influence, shaping environmental law, toxic torts, appellate procedure, takings law, and insurance coverage, into the present day.
--Dan Ernst

Monday, January 6, 2020

McGarity, "Pollution, Politics, and Power: The Struggle for Sustainable Electricity"

New from Harvard University Press: Pollution, Politics, and Power: The Struggle for Sustainable Electricity, by Thomas O. McGarity (University of Texas School of Law). A description from the Press:
The electric power industry has been transformed over the past forty years, becoming more reliable and resilient while meeting environmental goals. A big question now is how to prevent backsliding.
Pollution, Politics, and Power tells the story of the remarkable transformation of the electric power industry over the last four decades. Electric power companies have morphed from highly polluting regulated monopolies into competitive, deregulated businesses that generate, transmit, and distribute cleaner electricity. Power companies are investing heavily in natural gas and utility-scale renewable resources and have stopped building new coal-fired plants. They facilitate end-use efficiency and purchase excess electricity produced by rooftop solar panels and backyard wind turbines, helping to reduce greenhouse-gas emissions.
But these beneficial changes have come with costs. The once-powerful coal industry is on the edge of ruin, with existing coal-fired plants closing and coal mines shutting down. As a result, communities throughout Appalachia suffer from high unemployment and reduced resources, which have exacerbated a spiraling opioid epidemic. The Trump administration’s efforts to revive the coal industry by scaling back environmental controls and reregulating electricity prices have had little effect on the coal industry’s decline.
Major advances therefore come with warning signs, which we must heed in charting the continuing course of sustainable electricity. In Pollution, Politics, and Power, Thomas O. McGarity examines the progress made, details lessons learned, and looks to the future with suggestions for building a more sustainable grid while easing the economic downsides of coal’s demise.
Advance praise:
In revealing many encouraging emission reductions by the electric power industry, Thomas O. McGarity shows what citizen action, regulation, and competition can contribute to expanding energy efficiencies and renewables like solar and wind. This book is a well-documented, eye-opening antidote to the ‘doom and gloom’ enveloping so many concerned people.—Ralph Nader
Pollution, Politics, and Power is a tour de force, analyzing environmental regulation of the power industry over the last half-century. With unmatched mastery, McGarity illuminates the current policy debates by placing them in their historical context, with a bull’s-eye on coal.—Richard Lazarus
More information is available here.

-- Karen Tani

Wednesday, February 27, 2019

CFP: Law & Environment in the Indian Ocean World

[We share the following announcement. The deadline for submissions is May 15, 2019.]

Call for Papers:

Ordering the Anthropocene: Law & the Environment in the Indian Ocean World

A workshop convened by Debjani Bhattacharyya (Drexel University) and Laurie Wood (Florida State University)

4-5th October 2019

Hosted by Drexel University, with the generous sponsorship of the American Society for Legal History & Drexel University


 What can historians of law achieve from engaging with their colleagues studying environmental changes over time? How have emerging regulatory regimes (imperial, property-oriented, maritime, medical, etc.) joined the domains of science and law in new ways? And how can legal historians retool their methods to study deep histories of landscape transformations and climate? These questions are especially pertinent for the Indian Ocean region, where these concerns have both past and contemporary relevance: e.g. rising sea levels in the Maldives and Andaman Islands; coastal erosion and disputes over new-land formation along the littorals of Bay of Bengal; island-building in Singapore (with sand from Gulf states); disaster relief following the 2004 tsunami and earthquake, which especially affected Indonesia and Malaysia; food security around the Horn of Africa; and some of the world’s busiest shipping routes.


Time shapes the traffic in what constitutes truth in these two broad disciplinary arenas. Legal historians typically analyze cases, each with a specific lifespan of years or decades. Environmental phenomena, by contrast, often span centuries or even geological epochs. We propose a workshop to address the temporality of expertise and evidence which will bring legal historians whose disciplinary focus is bounded by the temporality of a case, together with environmental historians and historians of science who are increasingly doing histories of deep-time. For instance, when legal historians study regulatory regimes of intellectual property to material cultures. It works with an anthropogenic lifespan: copyrights, patents, objects, labor, commodities. Whereas environmental phenomenon, which are increasingly entering regulatory domains, work with long timescales spanning geological, seasonal and solar temporalities. As states are beginning to exert regulatory powers increasingly in legal and scientific regimes, the legal timescale of a case is getting entangled in deep historical timescales.

We invite abstracts for an exploratory workshop, where we will discuss articles/chapters in progress and which have not been submitted for publication. Articles which are in preliminary review stages are welcome, but not those in galley proofs. The purpose of the workshop is to receive comments and feedback on works in progress with the possibility for incorporating the discussions of the workshop. The presenters will be paired with senior discussants who will offer feedback on their articles/chapters and then open it up for discussion. Presenters will be required to submit their articles/chapters of 8000 words and no more than 12,000 words by 30 August 2019. All presenters and discussants will be required to read the articles beforehand which will be made available through a secure dropbox account. The purpose of the workshop is to:
  • Bring together senior and junior scholars of law and/or environment who are working in the newly-vibrant field of Indian Ocean World history.
  • Generate a methodological conversation between legal historians and historians of environment and science anchored on the category of time and how differing notions shape practices of evidence selection, gathering and testimony in the court and laboratory.
The workshop will consist of 4 panels, with 2 presenters in each panel. We will pair legal historians with historians of environment to explore how common terminology around evidence, witness, reason, expertise is affected by concepts of time that are distinct in each discipline. We welcome papers exploring the following questions broadly:
·         Where does law/do legal regimes collide with the material world?
·         Where/when/how/why do natural phenomena become entangled in ordering regimes?
·         How do these relationships (re)configure the human as social (e.g. relational, hierarchical, vocal) and material (e.g. embodied, constrained by lifespan, etc.)?

Application Instructions

Interested applicants should submit a 300-word abstract and short c.v. to the convenors by 15 May 2019: Debjani Bhattacharyya (db893@drexel.edu) and Laurie Wood (lmwood@fsu.edu ). Article-length papers (8,000-10,000 words) will be due for circulation among participants and invited commentators by 30 August 2019. Domestic airfare, accommodation, and most meals will be provided thanks to support from the American Society for Legal History and Drexel University.

Monday, June 18, 2018

Bhattacharyya on empire, ecology, and law in the Bengal Delta

Debjani Bhattacharyya, Drexel University, has published Empire and Ecology in the Bengal Delta: The Making of Calcutta with Cambridge University Press. From the publisher:
Empire and Ecology in the Bengal DeltaWhat happens when a distant colonial power tries to tame an unfamiliar terrain in the world's largest tidal delta? This history of dramatic ecological changes in the Bengal Delta from 1760 to 1920 involves land, water and humans, tracing the stories and struggles that link them together. Pushing beyond narratives of environmental decline, Bhattacharyya argues that 'property-thinking', a governing tool critical in making land and water discrete categories of bureaucratic and legal management, was at the heart of colonial urbanization and the technologies behind the draining of Calcutta. The story of ecological change is narrated alongside emergent practices of land speculation and transformation in colonial law. Bhattacharyya demonstrates how this history continues to shape our built environments with devastating consequences, as shown in the Bay of Bengal's receding coastline.
Praise for the book:

"Debjani Bhattacharyya resurrects Calcutta's forgotten watery origins to recuperate an entirely riveting account of the city and its real estate market. The book shows how the fictitious capital of property value relies on an enduring amnesia about the intractable and transient texture of ecological landscapes. Deeply researched and brilliantly conceived, it offers a path-breaking account of the urban ecological crisis and its uncertain future." -Bhavani Raman

"In this fascinating study of the emergence of the metropolis of Calcutta out of the swampy landscape of the Bengal delta, Bhattacharyya shows how the production of a modern urban property regime entailed a forgotten transformation of the very earth upon which it was constructed." -Andrew Sartori

Further information is available here.