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Full-Text Articles in Law
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Empirical Environmental Scholarship, Robert L. Fischman, Lydia Barbash-Riley
Articles by Maurer Faculty
The most important development in legal scholarship over the past quarter century has been the rise of empirical research. Drawing upon the traditions of legal realism and the law and economics movement, a variety of social science techniques have delivered fresh perspectives and punctured false claims. But environmental law has been slow to adopt empirical tools, and our findings indicate that it lags behind other fields. There are several clear benefits from an empirical agenda to explore how to make environmental law more effective. But no previous article has applied the lessons from empirical scholarship in other fields to environmental …
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Introductory Remarks. Arctic Law: The Challenges Of Governance In The Changing Arctic, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
What Is Natural Resources Law?, Robert L. Fischman
What Is Natural Resources Law?, Robert L. Fischman
Articles by Maurer Faculty
A recent flurry of new natural resources law casebooks, coming a quarter-century since the publication of the last significant new teaching materials, is an occasion to revisit the boundaries that define the field. The similarities among the casebooks are stronger than their differences, and represent a consensus about what composes natural resources law. The published teaching materials as well as an informal poll of natural resources law professors show a substantial overlap between natural resources and environmental law course coverage. Administrative implementation of statutes dominates both subjects. Both courses typically cover environmental impact analysis and endangered species protection. The new …
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
The Law And Economics Of Development And Environment: An Introduction To The Symposium, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman
Articles by Maurer Faculty
The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.
Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Endangered Species Information: Access And Control, Robert L. Fischman, Vicky J. Meretsky
Articles by Maurer Faculty
No abstract provided.
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
An Outline History Of Environmental Law And Administration In Poland, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman
Articles by Maurer Faculty
In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of the …
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus
Articles by Maurer Faculty
No abstract provided.
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Book Review. Federal Environmental Law (E. Dolgin And T. Guilbert, Eds.), A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.