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Articles 1 - 8 of 8
Full-Text Articles in Law
Trends In Environmental Law Scholarship 2008-2012, Michael P. Vandenbergh, Linda K. Breggin, Jacob P. Byl, Lynsey R. Gaudioso, Seamus T. Kelly
Trends In Environmental Law Scholarship 2008-2012, Michael P. Vandenbergh, Linda K. Breggin, Jacob P. Byl, Lynsey R. Gaudioso, Seamus T. Kelly
Vanderbilt Law School Faculty Publications
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles published during the previous academic year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic …
The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh
The Environmental Cost Of Misinformation: Why The Recommendation To Use Warm Water For Handwashing Is Problematic, Amanda R. Carrico, Micajah Spoden, Kenneth A. Wallston, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Multiple government and health organizations recommend the use of warm or hot water in publications designed to educate the public on best practices for washing one’s hands. This is despite research suggesting that the use of an elevated water temperature does not improve handwashing efficacy, but can cause hand irritation. There is reason to believe that the perception that warm or hot water is more effective at cleaning one’s hands is pervasive, and may be one factor that is driving up unnecessary energy consumption and greenhouse gas emissions. We examine handwashing practices and beliefs about water temperature using a survey …
Trends In Environmental Law Scholarship 2008-2011, Linda K. Breggin, Jacob P. Byle, Lynsey R. Gaudioso, Seamus T. Kelly
Trends In Environmental Law Scholarship 2008-2011, Linda K. Breggin, Jacob P. Byle, Lynsey R. Gaudioso, Seamus T. Kelly
Vanderbilt Law School Faculty Publications
The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles written in the past year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years …
Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber
Vanderbilt Law Review
In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …
Private Environmental Governance, Michael P. Vandenbergh
Private Environmental Governance, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
Environmental law has quietly transformed from a positive law field deeply rooted in administrative law to one that is also heavily rooted in private law and private governance. After two decades (1970-1990) of remarkable activity, more than two decades have now passed without a major federal environmental statute (1991-2012). Whether the appropriate next step is expansion or contraction, reforms to the federal statutory framework have stalled. Federal regulatory activity and state and local measures have filled some of the gap, but private governance efforts – the pursuit of public ends through private standards, monitoring, enforcement, and dispute resolution – now …
An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen
An Empirical Assessment Of Corporate Environmental Crime-Control Stragies, Michael P. Vandenbergh, Sally S. Simpson, Carole Gibbs, Melissa Rorie, Lee Ann Slocum, Mark A. Cohen
Vanderbilt Law School Faculty Publications
Corporate illegality is often attributed to greed by corporate managers and insufficient legal safeguards. Underlying this argument is an explicit critique of corporate crime regulatory systems. Yet there is little systematic investigation of the relative merits of different types or components of crime-control strategies; research comparing more punitive command-and- control strategies with self-regulatory approaches is particularly lacking. In this Article, we assess these crime prevention-and-control mechanisms in the context of individual and situational risk factors that may increase the likelihood of illegal behavior in the environmental arena. We use data drawn from two groups of business managers who participated in …
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Harmonizing Distributed Energy And The Endangered Species Act, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the intersection of utility-scale wind power development and the Endangered Species Act, which thus far has not been as happy a union as one might expect. Part I provides background on how the ESA and wind power have met in policy, permitting, and litigation. Part II then examines whether wind power (and other renewable energy sources) can and should receive a green pass under the ESA given its unquestioned climate change mitigation benefits, concluding that doing so would face a host of legal and policy concerns. Part III then outlines a model for administrative innovation of ESA …