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In this legislative autobiography Franklin L. Kury tells the story about his election to the Pennsylvania House of Representatives, and later the Senate, against the senior Republican in the House and an entrenched patronage organization. The only Democrat elected from his district to serve in the House or Senate since the Roosevelt landslide in 1936, Kury was instrumental in enacting the environmental amendment to the state constitution, a comprehensive clean streams law, the gubernatorial disability law, reform of the Senate’s procedure for confirmation of gubernatorial appointments, a new public utility law, and flood plain and storm water management laws. The story told here is based o...
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federa...
More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution, which was enacted on Earth Day 1970 and ratified by Pennsylvania's voters a year later. In the half century since then, climate change has become the overriding threat to the environment of the planet. In this book, Franklin Kury expands upon the story of Article I, Section 27, to demonstrate how its principles can be the basis for addressing climate change in the rest of the world. The story concludes with a call for the federal government's leadership to seek a national environmental rights amendment to the U.S. Constitution and a treaty to expand its reach to the international community.
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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.
Vincent Carocci's story is the story of a professional lifetime in and around Pennsylvania state government. He describes the characters who covered the news in the State Capitol, their work habits, their character, their strengths, and their foibles. Carocci's story is also the story of the legislative process and those who gave it life and breath. He describes an unpredictable, sometimes unsightly process of politics, personal machinations, and legislative reorganizations. Finally, Carocci's story is the story of Pennsylvania governors, six in all, who assumed the pinnacle of political power in the state - their successes, their shortcomings, and, above all, their legacies. Having worked most closely with Robert Casey, Carocci recounts the many trials and tribulations of his two terms in office, including the 1992 Democratic convention when Casey's steadfast opposition to abortion made him a virtual outcast within his own party, and the recurring medical problems that challenged him throughout his tenure.
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