Opting out of oppositionality : toward an informed and engaged "third wave" feminism

I begin by citing a definition of "third wave" from the glossary in Turbo Chicks: Talking Young Feminisms at length because it communicates several key issues that I develop in this project. The definition introduces a tension within "third wave" feminism of building and differentiating itself from second wave feminism, the newness of the term "third wave," its association with "young" women, complexity of contemporary feminisms, and attention to multiple identities and oppressions. Uncovering explanations of "third wave" feminism that go beyond, like this one, generational associations, is not an easy task. Authors consistently group new feminist voices together by age under the label "third wave" feminists without questioning the accuracy of the designation. Most explorations of "third wave" feminism overlook the complexities and distinctions that abound among "young" feminists ; not all young feminists espouse similar ideas, tactics, and actions; and for various reasons, not all young feminists identify with a "third wave" of feminism. Less than a year after I began to learn about feminism I discovered Barbara Findlen's Listen Up: Voices From the Next Feminist Generation. Although the collection nor its contributors declare association with "third wave" feminism, consequent reviews and citations in articles identify it, along with Rebecca Walker's To Be Real: Telling the Truth and Changing the Voice of Feminism, as a major text of "third wave" feminism. Re-reading Listen Up since beginning to research "third wave" feminism, I now understand its fundamental influence on my research questions as a starting point for assessing persistent exclusion in contemporary feminism, rather than as a revolutionary text (as it is claimed to be in many reviews). Findlen begins the introduction with the bold claim, "My feminism wasn't shaped by antiwar or civil rights activism ..." (xi). Framing the collection with a disavowal of the influence women of color's organizational efforts negates, for me, the project's proclaimed commitment to multivocality. Though several contributions examine persistent exclusion within contemporary feminist movement, the larger project seems to rely on these essays to reflect this commitment, suggesting that Listen Up does not go beyond the "add and stir" approach to "diversity." Interestingly, this statement does not appear in the new edition of Listen Up published in 2001. And the content has changed with this new edition, including several more Latina contributors and other "corrective" additions.

Enforcement in environmental law: an economic analysis of citizen suits

Previous to 1970, state and federal agencies held exclusive enforcement responsibilities over the violation of pollution control standards. However, recognizing that the government had neither the time nor resources to provide full enforcement, Congress created citizen suits. Citizen suits, first amended to the Clean Air Act in 1970, authorize citizens to act as private attorney generals and to sue polluters for violating the terms of their operating permits. Since that time, Congress has included citizen suits in 13 other federal statutes. The citizen suit phenomenon is sufficiently new that little is known about it. However, we do know that citizen suits have increased rapidly since the early 1980's. Between 1982 and 1986 the number of citizen suits jumped from 41 to 266. Obviously, they are becoming a widely used method of enforcing the environmental statutes. This paper will provide a detailed description, analysis and evaluation of citizen suits. It will begin with an introduction and will then move on to provide some historic and descriptive background on such issues as how citizen suit powers are delegated, what limitations are placed on the citizens, what parties are on each side of the suit, what citizens can enforce against, and the types of remedies available. The following section of the paper will provide an economic analysis of citizen suits. It will begin with a discussion of non-profit organizations, especially non-profit environmental organizations, detailing the economic factors which instigate their creation and activities. Three models will be developed to investigate the evolution and effects of citizen suits. The first model will provide an analysis of the demand for citizen suits from the point of view of a potential litigator showing how varying remedies, limitations and reimbursement procedures can effect both the level and types of activities undertaken. The second model shows how firm behavior could be expected to respond to citizen suits. Finally, a third model will look specifically at the issue of efficiency to determine whether the introduction of citizen enforcement leads to greater or lesser economic efficiency in pollution control. The database on which the analysis rests consists of 1205 cases compiled by the author. For the purposes of this project this list of citizen suit cases and their attributes were computerized and used to test a series of hypotheses derived from three original economic models. The database includes information regarding plaintiffs, defendants date notice and/or complaint was filed and statutes involved in the claim. The analysis focuses on six federal environmental statutes (Clean Water Act} Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, Clean Air Act, Toxic Substances Control Act, and Safe Drinking Water Act) because the majority of citizen suits have occurred under these statutes.