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August 18, 2021

"Environmental Indifference"

The title of this post is the title of this new paper authored by Anthony Moffa now available via SSRN. Here is its abstract:

An incarcerated American underclass, disproportionately comprised of minority citizens, has been compelled to live in an unconstitutionally polluted environment. Exposure to radon gas in indoor air is just one example of that pollution.  Fortunately, the legal effort to address that particular condition of confinement has already begun; the theoretical and practical discussion in this work strives to both highlight the importance of the issue and inform the doctrinal development.  The Eighth Amendment precedent created on the specific issue of radon exposure will very likely control the courts’ treatment of other environmental harms ignored by prison officials.  This work, using radon exposure litigation as a case study, explains how environmental harms in prisons threaten lives and violate the Constitution.

August 18, 2021 at 05:31 PM | Permalink


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