Nothing Lasts Forever: Toward a Coherent Theory in American Preservation Law

Part I of this Note examines Grégoire\u27s liberty-based theory of preservation and discusses the three rationales that underlie his theory. Part II examines the development of preservation law in the United States, following it through three stages: patriotic inspiration, aesthetic merit, and community. Part III examines Italy\u27s experience with preservation in order to identify and discuss several problems inherent in preservation law. Part IV suggests preservation rationales for courts and legislators to consider and identifies problems for them to avoid

Is Title VI a Magic Bullet? Environmental Racism in the Context of Political-Economic Processes and Imperatives

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy

Tribal Sports Betting: Three Models of Legalization

Abstract: In the wake of the Supreme Court’s invalidation of the federal Professional and Amateur Sports Protection Act, a majority of states have legalized sports wagering. In states where tribes operate gaming, states have varied approaches to authorizing tribal sports wagering. A state’s regulatory approach impacts tribes’ sports betting operations in multiple ways: whether and where tribes can offer mobile wagering, what in-state commercial competition tribal operations will face, and to what extent state law and state regulations will apply to a tribe’s sports-betting operations. In this article, we identify emerging empirical trends and specify the three most-prevalent state regulatory approaches to tribal sports wagering on a national level: the Compact Model, under which tribal sports betting is conducted and regulated according to federal law and the tribal-state compact, and is confined to Indian lands; the Commercial Model, under which tribes may operate sports betting under state license and in direct competition with commercial operators; and the Combined Model, in which tribal sports betting is conducted and regulated through a combination of federal law and the tribal-state compact (for tribal sports betting conducted on Indian lands), and state law (for tribal sports betting conducted outside of Indian lands but within the state’s borders). Implications: By categorizing and defining these regulatory models, we intend to assist tribal and state officials, as well as tribal and commercial operators and other interested parties, in understanding how each model may be implemented, identifying the implications of each model as well as variants within each model, and determining which model best serves the shared policy goals of tribes and states

Is Title VI a Magic Bullet? Environmental Racism in the Context of Political-Economic Processes and Imperatives

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy