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Articles 1 - 30 of 36
Full-Text Articles in Law
Adaptive Regulation In India- Groundwater, Electric Vehicles, And Health Data, Rupanjali Karthik
Adaptive Regulation In India- Groundwater, Electric Vehicles, And Health Data, Rupanjali Karthik
Duke Law SJD Dissertations
No abstract provided.
Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener
Towards A New International Law Of The Atmosphere?, Peter H. Sand, Jonathan B. Wiener
Faculty Scholarship
Inclusion of the topic ‘protection of the atmosphere’ in the current work programme of the UN International Law Commission (ILC) reflects the long overdue recognition of the fact that the scope of contemporary international law for the Earth’s atmosphere extends far beyond the traditional discipline of ‘air law’ as a synonym for airspace and air navigation law. Instead, the atmospheric commons are regulated by a ‘regime complex’ comprising a multitude of economic uses including global communications, pollutant emissions and diffusion, in different geographical sectors and vertical zones, in the face of different categories of risks, and addressed by a wide …
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Environmental Regulation Going Retro: Learning Foresight From Hindsight, Jonathan B. Wiener, Daniel L. Ribeiro
Faculty Scholarship
No abstract provided.
Coming Into The Anthropocene, Jedediah Purdy
Coming Into The Anthropocene, Jedediah Purdy
Faculty Scholarship
This essay reviews Professor Jonathan Cannon’s Environment in the Balance. Cannon’s book admirably analyzes the Supreme Court’s uptake of, or refusal of, the key commitments of the environmental-law revolution of the early 1970s. In some areas the Court has adapted old doctrines, such as Standing and Commerce, to accommodate ecological insights; in other areas, such as Property, it has used older doctrines to restrain the transformative effects of environmental law. After surveying Cannon’s argument, this review diagnoses the historical moment that has made the ideological division that Cannon surveys especially salient: a time of stalled legislation, political deadlock, and …
Eco-Environmental Risk Management, Jonathan B. Wiener
Eco-Environmental Risk Management, Jonathan B. Wiener
Faculty Scholarship
No abstract provided.
Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock
Designing Co2 Performance Standards For A Transitioning Electricity Sector: A Multi-Benefits Framework, Jonas J. Monast, David Hoppock
Faculty Scholarship
A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity sector risks and potential compliance strategies for states under the Clean Power Plan. This overlap presents regulators with an opportunity to pursue strategies that help manage the transition occurring in the electricity sector and achieve greenhouse gas reductions required under the Clean Power Plan, particularly in the areas of end-use energy efficiency and additional renewable power generation.
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.
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 …
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 …
Climate Change And The Limits Of The Possible, Jedediah Purdy
Climate Change And The Limits Of The Possible, Jedediah Purdy
Duke Environmental Law & Policy Forum
No abstract provided.
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Duke Environmental Law & Policy Forum
No abstract provided.
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Duke Environmental Law & Policy Forum
No abstract provided.
Rigs-To-Reefs: Refocusing The Debate In California, Dan Rothbach
Rigs-To-Reefs: Refocusing The Debate In California, Dan Rothbach
Duke Environmental Law & Policy Forum
No abstract provided.
Implementing Effective Regional Ocean Governance: Perspectives From Economics, Susan Steele Hanna
Implementing Effective Regional Ocean Governance: Perspectives From Economics, Susan Steele Hanna
Duke Environmental Law & Policy Forum
No abstract provided.
Charting A Course Toward Ecosystem-Based Management In The Gulf Of Mexico, Ingrid Nugent, Laura Cantral
Charting A Course Toward Ecosystem-Based Management In The Gulf Of Mexico, Ingrid Nugent, Laura Cantral
Duke Environmental Law & Policy Forum
No abstract provided.
The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins
The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins
Faculty Scholarship
We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …
The Risk In Technology-Based Standards, Patricia Ross Mccubbin
The Risk In Technology-Based Standards, Patricia Ross Mccubbin
Duke Environmental Law & Policy Forum
No abstract provided.
An Address To The Natural Resources Under The Bush Administration Symposium, Lynn Scarlett
An Address To The Natural Resources Under The Bush Administration Symposium, Lynn Scarlett
Duke Environmental Law & Policy Forum
No abstract provided.
Anything Industry Wants: Environmental Policy Under Bush Ii, Patrick Parenteau
Anything Industry Wants: Environmental Policy Under Bush Ii, Patrick Parenteau
Duke Environmental Law & Policy Forum
No abstract provided.
Bioevolutionary Ethics: A New Paradigm For Public Policy Making, Donald W. Murphy
Bioevolutionary Ethics: A New Paradigm For Public Policy Making, Donald W. Murphy
Duke Environmental Law & Policy Forum
No abstract provided.
Bayesian Approaches To The Precautionary Principle, Stephen Charest
Bayesian Approaches To The Precautionary Principle, Stephen Charest
Duke Environmental Law & Policy Forum
No abstract provided.
Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz
Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole
Environmental Instrument Choice In A Second-Best World: A Comment On Professor Richards, Daniel H. Cole
Duke Environmental Law & Policy Forum
No abstract provided.
Evaluating Instruments Of Environmental Policy: A Comment On Professor Richards, Nathaniel O. Keohane
Evaluating Instruments Of Environmental Policy: A Comment On Professor Richards, Nathaniel O. Keohane
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn
Environmental Policy Instrument Choice: The Challenge Of Competing Goals, Robert M. Friedman, Donna Downing, Elizabeth M. Gunn
Duke Environmental Law & Policy Forum
No abstract provided.
A Grateful Response To Comments On Framing Environmental Policy Instrument Choice, Kenneth R. Richards
A Grateful Response To Comments On Framing Environmental Policy Instrument Choice, Kenneth R. Richards
Duke Environmental Law & Policy Forum
No abstract provided.
Framing Environmental Policy Instrument Choice, Kenneth R. Richards
Framing Environmental Policy Instrument Choice, Kenneth R. Richards
Duke Environmental Law & Policy Forum
No abstract provided.
Goals, Instruments, And Environmental Policy Choice, Sidney A. Shapiro, Robert L. Glicksman
Goals, Instruments, And Environmental Policy Choice, Sidney A. Shapiro, Robert L. Glicksman
Duke Environmental Law & Policy Forum
No abstract provided.
Framing Environmental Policy Instrument Choice: Another View, A. H. Barnett, Timothy D. Terrell
Framing Environmental Policy Instrument Choice: Another View, A. H. Barnett, Timothy D. Terrell
Duke Environmental Law & Policy Forum
No abstract provided.