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27 Duke Envtl. L. & Pol'y F. 1 (2016-2017)

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               CLIMATE DISOBEDIENCE

                         MAXINE   BURKETTT

                             ABSTRACT

     In sharp contrast to the flurry of legal and policy-oriented efforts of
years past, climate activists today employ protest and nonviolent civil
disobedience to advance their agenda for rapid and ambitious mitigation
and  adaptation. In so doing, activists make explicit references to the
storied past of defining social movements in American history -notably
the anti-slavery movements   of the 19th century  and the civil rights
movement   of the 20th -and draw direct comparison to the moral failure
igniting the relevant social movements.  This article examines a topic
largely ignored by the legal academy, the emerging climate movement,
to assess the usefulness of its persistent reference to prior movements.
Comparing   this recent mobilization with earlier struggles, this article
explores the following questions: First, what are the characteristics of the
climate movement and what tactics and narratives does it employ?
Second,  how are the moral questions and legal and policy goals of the
climate movement  similar to, or distinct from, the social movements that
many  climate activists invoke? Third, given the distinct moral and legal
questions posed  by  climate change,  what lessons could  the climate
movement   glean from  other similarly poised social movements?  The
preliminary  conclusions note that extra-legal actions and non-violent
civil disobedience were ostensibly indispensable in the past and appear
relevant today. Further, points of overlap and departure in the framing
and   narrative of  prior  movements may be instructive for the
contemporary  climate movement.




Copyright @ 2016 Maxine Burkett.
    f Associate Professor of Law, William S. Richardson School of Law. I thank Sarah
Krakoff, Joshua Stanbro, and Eric Yamamoto for invaluable feedback. I thank the '13-'14
editorial board of the ELO for hosting the Berkeley Exchange where I first presented the research
supporting this article in February 2014. I thank Mahina Tuteur, Joanna Ziegler, and Jarrett
Dempsey for excellent research assistance.


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