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Full-Text Articles in Law

Regulation And Business Behavior, Neil Gunningham, Robert Kagan Dec 2015

Regulation And Business Behavior, Neil Gunningham, Robert Kagan

Robert Kagan

Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."


General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan Dec 2015

General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan

Robert Kagan

This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …


Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan Dec 2015

Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan

Robert Kagan

Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that“implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium-sized enterprises than it was to large ones. Most reputation-sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and …


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Nov 2015

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.


Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan Jun 2015

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Tim Sullivan

6 pages (includes color illustration). Contains references.


Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara Apr 2015

Global Trade Impacts: Addressing The Health, Social And Environmental Consequences Of Moving International Freight Through Our Communities, Martha Matsuoka, Andrea Hricko, Robert Gottlieb, Juan Delara

Martha Matsuoka

As ports and goods movement activity expands throughout the United States, a major challenge is how to make the adverse impacts of freight transportation a more central part of economic development, policy and planning discussions and transportation decision making. In 2009, faculty and staff from the Urban & Environmental Policy Institute of Occidental College and from the environmental health sciences and regional equity programs of the University of Southern California (USC) began a study of this evolving global trade and freight transportation system, focusing on areas in the United States where the system is expanding and where community, labor and …


Market Failures And Protecting The Environment, Chad J. Mcguire Jan 2015

Market Failures And Protecting The Environment, Chad J. Mcguire

Chad J McGuire

Whether you agree with government intervention, or with the specific form of gov- ernment intervention applied, it is a fact that government becomes involved in environ- mental issues because, to date, we have failed to fully inter- nalize the costs of our actions toward the environment in our market systems. So this is why government becomes involved in the first place, to correct existing and recurring market failures. Knowing this important fact helps us better understand, and judge, envi- ronmental laws and policies.


Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire Jan 2015

Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire

Chad J McGuire

Our climate is changing. And the trend of this climate change shows the earth is, on average, getting warmer. We in New England emerged from a very cold winter in 2014 making it hard for us to see (and thus believe) the earth is getting warmer. But this is the trick of cli- mate change: The pattern of overall warming is hard to see on a day-to-day basis. We tend to judge our climate through experiencing our local weather patterns: When the weather is cold like it has been in our region over the past winter, it is hard for …


Controlling An Invasive Plant At The Edge Of Its Range: Towards A Broader Understanding Of Management Feasibility, Zdravka Tzankova Dec 2014

Controlling An Invasive Plant At The Edge Of Its Range: Towards A Broader Understanding Of Management Feasibility, Zdravka Tzankova

Zdravka Tzankova

Invasion biologists often think about feasibility of weed control in purely ecological terms, while land managers’ feasibility definitions are further informed by social, policy, and institutional considerations. We use the case of cheatgrass (Bromus tectorum) in the Eastern Sierra Nevada in California to examine the origins and practical significance of differences between scientific and managerial definitions of feasibility. A serious invasive weed and a major ecological threat to the region, cheatgrass in the Eastern Sierra still exists in the kinds of low-density patches that are technically amenable to containment through active management. Yet land managers in this region dominated by …


Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire Dec 2014

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire

Chad J McGuire

This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …


Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan Dec 2014

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …