William S. Richardson School of Law 2515 Dole Street Honolulu HI

Transcription

1 MAXINE A. BURKETT William S. Richardson School of Law 2515 Dole Street Honolulu HI ACADEMIC EXPERIENCE University of Hawai i, Mānoa, Honolulu, HI (January 2009-Present) William S. Richardson School of Law Associate Professor of Law. Teach Climate Change Law and Policy, Tort Law, Clean Energy Law, Environmental and Climate Justice. University of Hawaii Presidential Center Project (July 2012-Present) Director, Research Initiatives. Member of the core project steering committee. Lead the development of a world-class institute of public affairs at the University of Hawaiʻi, the centerpiece of the proposal. Center for Island Climate Adaptation and Policy (January 2009-June 2012) Director. Inaugural director of the Center devoted to climate change adaptation for island communities in Hawaiʻi, the Pacific and beyond. University of Colorado Law School, Boulder, CO Thomson Visiting Professor. (January 2014) Teach Climate Change and Human Rights. Associate Professor of Law. (January 2006 December 2008) Taught Environmental Law, Tort Law, International Development, and Race and American Law. University of Oregon School of Law, Eugene, OR (September 2010-October 2010) Wayne Morse Chair of Law and Politics. Served as the Fall 2010 Chair of Law and Politics for the Wayne Morse Center s biennial theme on Climate Ethics and Equity. Taught Climate Change Law and Policy. EDUCATION University of California, Berkeley School of Law (Boalt Hall), Berkeley, CA J.D., May 2002 Honors: Jonathan Wilcox Scholarship, American Jurisprudence Award for Feminist Legal Theory, Spring 2002 Williams College, Williamstown, MA B.A., cum laude, in Political Science, June 1998 Honors: Weber H. Arkenburgh Memorial Scholarship (1998), Mead Government Intern Scholar (1997), Dean s List ( ), Bronfman Family Scholarship (1996) Oxford University, Exeter College, Williams-Oxford Program, United Kingdom ( )

2 ACADEMIC PUBLICATIONS Maxine Burkett, A Justice Paradox: On Climate Change, Small Island Developing States, and the Quest for Effective Legal Remedy, 35 U. HAW. L. REV. 633 (2013). Maxine Burkett, Duty and Breach in an Era of Uncertainty: Local Government Liability for Failure to Adapt to Climate Change, 20 GEORGE MASON L. REV. 775 (Spring 2013). Maxine Burkett, Litigating Climate Change Adaptation: Theory, Practice, and Corrective (Climate) Justice, 42 ENV. L. RPTR (2012). Maxine Burkett, Climate-Induced Migration: Is there a there there?, 3 CLIMATE LAW 314 (2012). Maxine Burkett, Climate Justice and the Elusive Climate Tort, 121 YALE L. J. ONLINE 115 (2011) Maxine Burkett, The Nation Ex-Situ: On Climate Change, Deterritorialized Nationhood, and the Post-Climate Era, 2 CLIMATE LAW 1 (Fall 2011). Maxine Burkett, Climate Justice, Climate Change Discourse, and the Failure of the Elite-Driven Democracy: A Think Piece, AM. STUDIES INST. (SEOUL NATIONAL UNIVERSITY Winter 2010). Maxine Burkett, The Debate Over African-American Reparations, 6 ANN. REV. OF L. & SOCIAL SCI. 449 (Winter 2010) (with John Torpey). Maxine Burkett, Climate Reparations, 10 MELBOURNE J. INT L L. 509 (Fall 2009). Maxine Burkett, Much Ado About... Something Else: D.C. v. Heller, The Racialized Mythology of the Second Amendment, and Gun Policy Reform, 12 J. GENDER RACE & JUST. 57 (2008). Maxine Burkett, Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism, 56 BUFFALO L. REV. 169 (2008). Maxine Burkett, Reconciliation and Non-Repetition: A New Paradigm for African-American Reparations, 86 OR. L. REV. 99 (2007). Maxine Burkett, Strategic Voting and African Americans: True Vote, True Representation, True Power for the Black Community, 8 MICH. J. RACE & L. 425 (2003). Elizabeth J. Cabraser, Joshua P. Davis, Maxine Burkett, Current Issues Involving Rule 12(b)(6) and Rule 9(b), A.L.I., SH009 ALI-ABA 721 (2002). BOOK CHAPTERS Maxine Burkett, Indigenous Environmental Knowledge and Climate Change Adaptation, in RANDALL S. ABATE AND ELIZABETH ANN KRONK, EDS., CLIMATE CHANGE, INDIGENOUS PEOPLES AND THE SEARCH FOR LEGAL REMEDIES: BALANCING ON THE TIP OF THE SPEAR, (Edward Elgar 2013).

3 Maxine Burkett, The Nation Ex-Situ, in MICHAEL GERRARD AND GREGORY WANNIER, EDS., THREATENED ISLAND NATIONS (Cambridge U. Press 2013). Maxine Burkett, Climate Refugees, in SHAWKAT ALAM, JAHID HOSSAIN BHUIYAN, TAREQ M.R. CHOWDHURY AND ERIKA J TECHERA, EDS., ROUTLEDGE HANDBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (Routledge, Oxford, 2012). Maxine Burkett, Legal Rights and Remedies, in MICHAEL GERRARD AND KATRINA KUH, EDS., THE LAW OF ADAPTATION TO CLIMATE CHANGE (ABA 2012). OTHER PUBLICATIONS Burkett, M. (2011). In Search of Refuge: Pacific Islands, Climate-Induced Migration, and the Legal Frontier. AsiaPacific Issues, 98, 1-8. Burkett, M. (2009). Shoreline Impacts, Setback Policy and Sea Level Rise, Project 41.A/AS-1, Center for Island Climate Adaptation and Policy, University of Hawai'i Sea Grant College Program (with Hwang, D.). ACADEMIC CONFERENCES ORGANIZED The Climate of Environmental Justice: Taking Stock, University of Colorado Law School, March 16-17, Conference organizer and host. Conference convened to initiate dialogue regarding climate change and disproportionate impacts in the US and abroad. Leading academics, activists, and legal practitioners in the Environmental Justice field addressed the emerging interplay between race, poverty, and global warming. SELECTED PRESENTATIONS Climate Disobedience, Panelist, The Berkeley Exchange: Celebrating Berkeley s Contribution to Environmental Law Scholarship, Berkeley Law School, Berkeley, CA, February 7, Rehabilitation: A Proposal for a Compensation Mechanism for Small Island States, Featured Scholar, The 2014 Santa Clara Journal of International Law Symposium, Santa Clara Law, Santa Clara, CA, January 24, Climate Refugees and the Challenge of Statehood: Defining the Problem, Identifying Solutions, Presenter, Yale Climate and Energy Institute, Yale Law School, New Haven, CT, October 17, Climate-Induced Migration and the Challenge of Statehood: Defining the Problem, Identifying Solutions, Presenter, Suffolk Law School, Boston, MA, October 16, Climate-Induced Migration and the Challenge of Statehood: Defining the Problem, Identifying Solutions, Plenary Speaker, Changing Nature: Migrations, Energies, Limits, Association for the Study of Literature and Environment (ASLE) Tenth Biennial Conference, University of Kansas, Lawrence, KS, May 30, Indigenous Knowledge and Climate Change Adaptation, Presenter, Waves of Change, Climate Change in the Pacific Islands and Implications for Hawai i, International

4 Conference, Center for Pacific Islands Studies, University of Hawai i, Mānoa, Honolulu, HI, April 6, A Justice Paradox: Small Island States and the Quest for Effective Legal Remedy, Presenter, He Hali a Aloha No Jon: Memories of Aloha for Jon, William S. Richardson School of Law, University of Hawai i, Mānoa, Honolulu, HI, January 31, Litigating Climate Change Adaptation, Association of American Law Schools Annual Meeting, Property Law and Natural Resources and Energy Law Joint Program, New Orleans, LA, January 7, Insuring Vulnerability, Presenter and workshop participant, First Do No Harm: Avoiding Maladaptation to Climate Change, Rockefeller Foundation Center, Bellagio, Italy, November 6-10, Climate Change Law and Policy in Hawai i, Webinar, Pacific Islands Climate Change Cooperative, Department of Interior, Honolulu, Hawai i, October 18, Extreme Weather and Climate Change: Understanding Climate Vulnerability, Conflict, and the Challenge of Climate-Induced Migration, Leaders for a Sustainable Future Lecture, Hawaiʻi Pacific University, March 21, Clean Energy Law and Policy in Hawaiʻi, Hui Kalai Ala, Hawaiʻinuiākea School of Hawaiian Knowledge, University of Hawaiʻi at Mānoa, March 9, In Search of Refuge: Climate Justice, Climate-Induced Migration, and the Law, Distinguished Speaker, Howard Baker Jr. Center for Public Policy, Interdisciplinary Discussion Forum for Energy and the Environment, University of Tennessee, Knoxville, February 23, Correcting Corrective Justice: Exploring the Role of Justice in Kivalina v. ExxonMobil, Association of American Law Schools Annual Meeting, Environmental Law Section, Washington D.C., January 7, The Nation Ex-Situ, Guest Speaker, Environmental Humanities Project, Stanford University, Palo Alto, California, December 5, Is Climate Change a Threat to World Peace?: Understanding Climate Vulnerability and the Challenge of Climate Induced Migration, 2011 Peace Day Event, Matsunaga Institute for Peace, University of Hawai i, Honolulu, Hawai i, September 20, Climate Change Adaptation, Migration, and the Law: Issues Relevant to the Asia- Pacific Region, Sakamaki Extraordinary Lecture Series, University of Hawai i, Honolulu, Hawai i, July 27, The Nation Ex-Situ, Panelist, Statehood and Statelessness, Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate, Columbia Law School, New York, New York, May 23, Innovation for Vulnerable Communities, Panelist, A3 A Conference on Climate Justice, University of California, Irvine School of Law, Irvine, California, April 1, Climate Justice and the Law: On Legal Feedbacks and Just Compensation, Panelist, Civil Litigation as a Tool for Regulating Climate Change, Valparaiso University School of Law, Valparaiso, Indiana, February 18, 2011.

5 The Future of Environmental Justice, Keynote Address, New Directions in Environmental Justice, Florida A&M University College of Law Environmental Law and Justice Symposium, Orlando, Florida, November 12, In Search of Refuge: Climate Justice and Climate-Induced Migration, Wayne Morse Public Address, University of Oregon, Eugene, Oregon, October 11, Just Compensation: Climate Reparations and the Reconstituted Society, Keynote Address, Environmental Studies Department Convocation, University of Oregon, Eugene, Oregon, October 8, Climate-Induced Migration: A Global Perspective, Panelist, Ocean Impacts of Climate Change: Science, People and Policy, University of Oregon School of Law, Eugene, Oregon, September 10, Climate Change Law and Policy in Hawai i, Expert Panelist, Interagency Climate Change Adaptation Task Force, Public Meeting, Honolulu, Hawai i, July 9, In Search of Refuge: Climate Justice and Climate-Induced Migration, Ena Thompson Lecture, Pomona College, February 24, Climate Reparations, Primary Contributor, Melbourne Journal of International Law, Vol. 10-2: Opinio Juris Online Symposium, commenced February 10, Human Rights Issues and Justice Implications of Adaptation, Panelist, Ethical and Human Rights Implications of Adaptation Policy Formation, International Institute for Sustainable Development (IISD) Development and Climate Days at COP 15, Copenhagen, Demark, December 12, Climate Justice, Climate Change Discourse, and the Failure of the Elite-Driven Democracy, Panelist, 2009 American Studies Institute International Conference, Elites and Elitism in American Democracy, American Studies Institute, Seoul National University, Seoul, Korea, November 12, Climate Change Adaptation, Public Lecture, Seoul National University School of Law, Seoul, Korea, November 12, Helping Vulnerable Communities Adapt to Climate Change, Public Lecture, University of Alaska, Anchorage, April 20, Climate Reparations, Panelist, Advocating for an Environment of Equality: Legal and Ethical Duties in a Changing Climate, Journal of Environmental Law and Litigation Symposium, University of Oregon School of Law, Eugene, Oregon, September 11, Climate Justice and Climate Policy, Panelist, Climate Change and Hawaii s Evolving Energy Policy, Hawaii Conservation Conference, Honolulu, Hawai i, July 28, Island Climate Adaptation and Policy: Diverse Risks and Interdisciplinary Solutions, Panelist, Sea Level Impacts in Hawai i, Implications for the Natural and Built Environment, Hawaii Conservation Conference, Honolulu, Hawai i, July 28, 2009.

6 Three Degree Rise Disaster Simulation: The Socratic Dialogue, Panelist, Three Degrees: The Law of Climate Change and Human Rights Conference, University of Washington School of Law, Seattle, Washington, May 29, Climate Justice, Presenter, Hawaii State Bar Association, Natural Resources Section, Honolulu, Hawaii, May 19, Climate Justice and Climate Change Litigation, Panelist, Climate Change Litigation: Who Has Standing?, ABA Section of Litigation Annual Meeting, Atlanta, Georgia, April 30, Helping Vulnerable Communities Adapt to Climate Change, Public Lecture, William S. Richardson School of Law, University of Hawai'i, April 20, Climate Justice Narratives, Presenter, Pasifika Energy Summit, Honolulu, Hawai'i, April 9, Consumer Pocketbooks, Energy Policy and Carbon Control, Panelist, Energy and the Environment: Empowering Consumers, Hofstra Law School, March 19, Climate Justice in the Obama Era, Panelist, Climate Policy for the Obama Administration, Journal of Energy, Climate, and Environment, Washington and Lee University School of Law, February 20, Island Resiliency and Climate Policy, Panelist, Climate Change and Urban Planning, World Town Planning Day Celebration, Department of Urban Planning & Regional Planning, University of Hawai i at Mānoa, November 7, Growing a Sustainable Community, Moderator, Shifting Baselines & New Meridians: Water, Resources, Landscapes, & the Transformation of the American West, Natural Resources Law Center, Annual Summer Conference, University of Colorado Law School, June 4, Domestic and Global Climate Justice Issues, Presenter, Climate Change + Environmental Justice = Climate Justice, Compelling a Climate of Change, 26 th Annual Public Interest Environmental Law Conference, University of Oregon Law School, Eugene, Oregon, March 7, Climate Change, Peak Oil, and Development in Jamaica, Video Presentation/Interview featured in Jamaica for Sale, Documentary forthcoming Fall 2008 (directed by Esther Figueroa). Climate and Conflict, Presenter, Climate Change and the Seeds of Unrest: The Ecological Origins of the Darfur Genocide, Focus the Nation, University of Colorado, Boulder, January 31, Climate Change and Developing Nations, Presenter, The Injustice of Climate Change, Focus the Nation, University of Colorado, Boulder, January 31, Climate Change Ethics and Justice, Panelist, American Bar Association, Section of Environment, Energy, and Resources Teleconference, January 30, Poverty and Climate Change, Panelist, Poverty Awareness Forum, University of Colorado, Boulder, December 3, 2007.

7 Environmental and Climate Justice, Presenter, National Lawyers Guild Chapter, University of Colorado Law School, Boulder, November 7, A Tragic Distraction: The Climate Justice Critique of Law and Economics, Presenter, Works-in-Progress, LatCrit XII, The Twelfth Annual LatCrit Conference, Critical Localities, Miami Beach, Florida, October 6, Pragmatic Community-based Racial Reconciliation and Reparation Efforts for the 21st Century Panelist, International Conference on Law and Society in the 21st Century Humboldt University, Berlin, Germany, July 28, Just Solutions to Climate Change: A Proposal for a Domestic Clean Development Mechanism, Lecture Series Presenter, Center for the Comparative Study of Metropolitan Growth, Georgia State University College of Law, April 2, The Climate of Environmental Justice, Introduction, The Climate of Environmental Justice: Taking Stock, University of Colorado Law School, March 17, Making the Case for Climate Justice, Geography Colloquium Series, University of Colorado, Department of Geography, February 23, Environmental Justice in Colorado, Moderator, Bioneers 2006, Colorado Bioneers, University of Colorado, October 21, Reconciliation and Non-Repetition: A New Paradigm for African-American Reparations, Works-in-Progress, Northeast People of Color Conference, Nassau, Bahamas, July 6, PROFESSIONAL MEMBERSHIPS Climate Law Journal, Academic Board, Member (2013-Present) Pacific Islands Region Climate Assessment, Steering Committee, Member (2011-Present) Pacific Climate Information System, Steering Committee, Member (2011-Present) International Law Association, International Committee on The Legal Principles Relating to Climate Change, Alternate Member (2009 Present) Society of American Law Teachers (2006 Present), SALT Representative (2007) American Bar Association (2005 Present) Hawai'i State Bar Association (2005 Present) Executive Committee, Sierra Club Hawai'i Chapter, At-Large Member ( ) PROFESSIONAL DEVELOPMENT & PUBLIC SERVICE Omidyar Fellows Program (October 2013 Present) Member, Cohort II. A project of the Hawai i Leadership Forum, the Omidyar Fellows Program provides rigorous leadership training to build stronger leaders, more effective organizations, and cross-sector connections for Hawai i s future. Hawaii Presidential Center Secretary, Board of Directors. The Hawaii Presidential Center (HPC) is a community- led 501(c)(3) nonprofit organization that supports the University of Hawaii s development of a bid for the Obama Presidential Library and Museum.

8 CLIMATE-RELATED SERVICE Global Greengrants Fund (2009 Present) Vice-Chair, Board of Directors. One of ten Board members for the Global Greengrants Fund whose mission is to make small grants (typically $500 to $5,000) to grassroots groups around the world that work to help people protect the environment, live sustainably, preserve biodiversity and gain a voice in their own future. Blue Planet Foundation ( ) Member, Board of Directors. One of nine Board members for the Foundation whose mission is to change our world's energy culture, to raise global awareness in order to develop and adopt practical programs to implement clean, efficient, and renewable energy and to create a global response to our increasingly urgent climate crisis. Climate Change Task Force, State of Hawai i (2010) Member. Member of task force to scope the impacts of climate change on Hawaii s people, natural resources, and economy, estimate the costs to the State of the adverse effects associated with climate change and rising sea level, and recommend to the legislature and the governor measures that would address or mitigate climate change effects. Greenhouse Gas Emissions Reduction Task Force, State of Hawaiʻi (2009) Member. One of ten members of task force to develop and recommend a work plan for statewide wide greenhouse gas (GHG) emissions reduction program and strategies to ensure the achievement of the statewide GHG emissions reductions limits at or below the 1990 emissions levels by January 2020, as established by Act 234. The Climate Reality Project (2007 Present) Assistant District Manager for the State of Hawai i and Climate Messenger. One of 1,000 people invited to Nashville, Tennessee and trained to educate audiences on the science and policy of climate change. And one of 23 select presenters to participate in the international Climate Reality Project 24 Hours of Reality, September 14-15, Notable presentations include: Hilo, Hawai i, September 14, Presented in the international 24 Hours of Reality event at the Mauna Loa Observatory, Hilo office. Copenhagen, Denmark, December Presented to interested attendees of the United Nations Climate Change Conference, COP15. Dakar, Senegal, August Presented to an international audience of 60, including employees of the United States Agency for International Development (USAID), the United States Embassy, the United Nations, members of the Dakar Women's Group, and faculty, staff, and students of The International School of Dakar and Suffolk University (Dakar campus). County of Hawai i, Hawai i, June Presented to an international audience of 100 in the district of Ka u. Attendees included residents of coastal communities in the United States, New Zealand, Australia, Jamaica, and the United Kingdom. Honolulu, Hawai i, June Presented at annual meeting of Hawaii Association of Public Accountants. OTHER EMPLOYMENT

9 Paul Johnson Park & Niles, Honolulu, HI (September 2004 August 2005) Associate. The Honorable Susan Illston, United States District Court, Northern District of California, San Francisco, CA (September 2003 August 2004) Law Clerk. Davis Levin Livingston Grande, Public Interest Fellow, Honolulu, HI (July 2002 July 2003) Law Clerk. Lieff, Cabraser, Heimann & Bernstein, San Francisco, CA (Summer 2001) Summer Associate. Williams College, Office of Admission, Williamstown, MA (July 1998-June1999) Assistant Director of Admission. The White House, Office of Public Liaison, Washington, DC (Summer 1997) Intern to the Director of Public Liaison. SELECTED MEDIA Energy & Environment Reporter, Island countries facing watery demise confer on survival strategies, by Anne Mulkern, April 8, ABA Journal, Washed Away, by Kristin Choo, March PBS Hawaii, Climate Change, Guest, Insights, December 15, PBS Hawaii, APEC: Policies and Protests, Guest, Insights, November 3, AlertNet, Blogs, Drowning Nations Threaten New 21 st Century Statelessness, by Maxine Burkett, August 23, New York Times, Island Nations May Keep Some Sovereignty if Rising Seas Make Them Uninhabitable, by Nathanial Gronewald, May 25, Radio Australia, Australia Broadcasting Corporation, Major Law Revision Needed to Deal with Climate Change, Guest, Pacific Beat, May 5, Policy Innovations, A Publication of the Carnegie Council, Changing the Tide for Small Island Nations, by Marie O Reilly, December 17, 2009 (quoted). Honolulu Weekly, Hopenhagen?: A Local Law Professor Reports from Denmark, Features, December 16, BBC Radio, Who Should Foot the Climate Change Bill, Guest, World Have Your Say, December 11, Hawaii Public Radio, Copenhagen and Climate Change, Guest, Energy Futures, November 30, Hawaii Public Radio, Global Warming and Sea Level Rise, Guest, Energy Futures, October 26, 2009.

10 Honolulu Advertiser, Honolulu, Hawaii. As world warms, farms must adapt, Island Voices Commentary, July 6, 2009, A8. Honolulu Star-Bulletin, Honolulu, Hawaii. Name in the News, Views & Voices, April 24, 2009, p. 36. News Talk 93 FM, Jamaica, West Indies. Climate Change and Jamaica, Guest, Looking Back Looking Forward, December 23, 2007.