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Full-Text Articles in Law

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock Feb 2005

Science, Judgment, And Controversy In Natural Resource Regulation, (With H. Doremus), A. Dan Tarlock

Dan Tarlock

Natural resource regulation is heavily "scientized," by which we mean both that the current regulatory structure requires the use of science in a wide range of decisions, and that decisionmakers generally emphasize the role of science in those decisions. Nonetheless, critics on all sides of the political spectrum claim to believe that regulatory decisions remain too political and insufficiently scientific. Administration of the Endangered Species Act (ESA) in the Klamath Basin illustrates the challenges of scientifically managing nature. A series of science-based decisions are needed, from species listing to consultation on federal actions. Those decisions carry substantial costs for the …


The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock Feb 2005

The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock

Dan Tarlock

No abstract provided.


The Challenge Of High Priced Oil, David R. Hodas Dec 2004

The Challenge Of High Priced Oil, David R. Hodas

David R. Hodas

No abstract provided.


Executive Privilege And Energy Policy, David R. Hodas Dec 2004

Executive Privilege And Energy Policy, David R. Hodas

David R. Hodas

No abstract provided.


Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach Dec 2004

Targets, Timetables And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

John C. Dernbach

No abstract provided.


Of Square Pegs, Round Holes, And Recalcitrants Lying In The Weeds: Superfund's Legal Lessons For Everglades Restoration, Alfred R. Light Dec 2004

Of Square Pegs, Round Holes, And Recalcitrants Lying In The Weeds: Superfund's Legal Lessons For Everglades Restoration, Alfred R. Light

Alfred Light

No abstract provided.


Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author) Dec 2004

Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)

Shubhankar Dam

The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of acti­vism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the funda­mental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …