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Articles 1 - 21 of 21
Full-Text Articles in Law
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Poisoning The Poor For Profit: The Injustice Of Exporting Electronic Waste To Developing Countries, Eric V. Hull
Duke Environmental Law & Policy Forum
No abstract provided.
The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer
The Fluid Nature Of Property Rights In Water, Shelley Ross Saxer
Duke Environmental Law & Policy Forum
No abstract provided.
Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman
Zoo Registrars: A Bewildering Bureaucracy, Irus Braverman
Duke Environmental Law & Policy Forum
No abstract provided.
Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen
Ecology Comes Of Age: Nepa’S Lost Mandate, Sam Kalen
Duke Environmental Law & Policy Forum
No abstract provided.
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Ecosystem Services And Federal Public Lands: Start-Up Policy Questions And Research Needs, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
The State And Regional Role In Developing Ecosystem Service Markets, Gail L. Achterman, Robert Mauger
Duke Environmental Law & Policy Forum
No abstract provided.
Ecosystem Services And The Value Of Land, Adam I. Davis
Ecosystem Services And The Value Of Land, Adam I. Davis
Duke Environmental Law & Policy Forum
No abstract provided.
The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono
The Role Of Federal Policy In Establishing Ecosystem Service Markets, Laurie A. Wayburn, Anton A. Chiono
Duke Environmental Law & Policy Forum
No abstract provided.
Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett
Additionality: The Next Steps For Ecosystem Service Markets, Karen Bennett
Duke Environmental Law & Policy Forum
No abstract provided.
Editor’S Note, Patrick M. Duggan
Editor’S Note, Patrick M. Duggan
Duke Environmental Law & Policy Forum
No abstract provided.
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
State Fish Stocking Programs At Risk: Takings Under The Endangered Species Act, Amy L. Stein
Duke Environmental Law & Policy Forum
No abstract provided.
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey
Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey
Duke Environmental Law & Policy Forum
No abstract provided.
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Environmental Enforcement And The Limits Of Cooperative Federalism: Will Courts Allow Citizen Suits To Pick Up The Slack, Will Reisinger, Trent A. Dougherty, Nolan Moser
Duke Environmental Law & Policy Forum
No abstract provided.
Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson
Pursuing Geoengineering For Atmospheric Restoration, James Salzman, Robert B. Jackson
Faculty Scholarship
Geoengineering is fraught with problems, but research on three approaches could lead to the greatest climate benefits with the smallest chance of unintentional environmental harm. The authors propose a model for thinking about geoengineering based on the concept of restoration, suggesting the term “atmospheric restoration.” Under this model geoengineering efforts are prioritized based on three principles: to treat the cause of the disease itself, to reduce the chance of harm, and to prioritize activities with the greatest chance of public acceptance.
Based on these principles, the authors propose three forms of geoengineering that could provide the greatest climate benefits with …
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
Duke Environmental Law & Policy Forum
No abstract provided.
Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte
Being All It Can Be: A Solution To Improve The Department Of Defense’S Overseas Environmental Policy, Margot Laporte
Duke Environmental Law & Policy Forum
No abstract provided.
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Faculty Scholarship
This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl
Gaming The Past: The Theory And Practice Of Historic Baselines In The Administrative State, James Salzman, J.B. Ruhl
Faculty Scholarship
Goals based on absolute targets, risk, technology, or cost are found throughout the administrative state. “Historic baselines,” a point in the past used to ground a policy goal, are just as commonplace, yet remain unexamined. Whether in budgeting or tax, criminal sentencing or environmental protection, historic baselines direct a wide range of agency activities. Their ubiquity begs some important questions. What makes baselines more attractive than other approaches for implementing regulatory goals? Conversely, when are other standard setting methods such as absolute targets and risk-based, technology-based, and cost-based standards more useful to policy makers than historic baselines? Unless one believes …
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Faculty Scholarship
This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …