Maxine Burkett

  • Associate Professor of Law

Degrees

  • BA cum laude Williams College 1998
  • JD University of California, Berkeley (Boalt Hall) 2002

Biography

Maxine Burkett joined the William S. Richardson School of Law in 2009.

Professor Burkett teaches Climate Change Law and Policy, Torts, Environmental Law, International Environmental Law, and International Development.  She has written extensively in the area of climate change law and policy from diverse perspectives with a particular focus on climate justice, exploring the disparate impact of climate change on vulnerable communities in the United States and globally.  Professor Burkett has presented her research on the law and policy of climate change throughout the United States and in West Africa, Asia, Europe and the Caribbean.  In 2010, she served as the Wayne Morse Chair of Law and Politics at the Wayne Morse Center, University of Oregon, for the Center’s “Climate Ethics and Climate Equity” theme of inquiry.  She is the youngest scholar to have held the Wayne Morse Chair.

From 2009-2012, Professor Burkett also served as the inaugural Director of the Center for Island Climate Adaptation and Policy (ICAP).  As the Director of ICAP, she led projects to address climate change law, policy, and planning for island communities in Hawai‘i, the Pacific region, and beyond.

Professor Burkett attended Williams College and Exeter College, Oxford University, and received her law degree from Boalt Hall School of Law at the University of California, Berkeley.  She has worked in private practice in Honolulu with Davis, Levin, Livingston and Paul, Johnson, Park & Niles, and served as a law clerk with The Honorable Susan Illston of the United States District Court, Northern District of California.  Prior to her appointment at the University of Hawai‘i, Professor Burkett taught at the University of Colorado Law School.  

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. 11144 (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) http://yalelawjournal.org/2011/09/13/burkett.html.

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).

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.).