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Full-Text Articles in Law
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
The Dirt On International Environmental Law Regarding Soils: Is The Existing Regime Adequate?, Alexandra M. Wyatt
Duke Environmental Law & Policy Forum
No abstract provided.
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Discretion And The Criminalization Of Environmental Law, Charles J. Babbitt, Dennis C. Cory, Beth L. Kruchek
Duke Environmental Law & Policy Forum
No abstract provided.
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Use Of Lawyer-Client Privileged Information By In-House Counsel Whistleblowers In Their Own Retaliatory Discharge Actions Under The Environmental Laws, David A. Drachsler
Duke Environmental Law & Policy Forum
No abstract provided.
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Commons Ignorance: The Failure Of Environmental Law To Produce Needed Information On Health And The Environment, Wendy E. Wagner
Duke Law Journal
One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes …
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Endangered Species Act Innovations In The Post-Babbittonian Era—Are There Any?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
New Opportunities For Native American Tribes To Pursue Environmental And Natural Resource Claims, Allan Kanner, Ryan Casey, Barrett Ristroph
Duke Environmental Law & Policy Forum
No abstract provided.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
The Land Use Environmental Law Distinction: A Geo-Feminist Critique, Nancy Perkins Spyke
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.
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
Duke Environmental Law & Policy Forum
No abstract provided.
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Property Rights Solutions For The Global Commons: Bottom-Up Or Top-Down?, Terry L. Anderson, J. Bishop Grewell
Duke Environmental Law & Policy Forum
No abstract provided.
International Cooperation And The International Commons, Scott Barrett
International Cooperation And The International Commons, Scott Barrett
Duke Environmental Law & Policy Forum
No abstract provided.
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
The Kyoto Protocol And The Wto: Integrating Greenhouse Gas Emissions Allowance Trading Into The Global Marketplace, Annie Petsonk
Duke Environmental Law & Policy Forum
No abstract provided.
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Duke Environmental Law & Policy Forum
No abstract provided.
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Enforcing International Law: Implications For An Effective Global Warming Regime, David G. Victor
Duke Environmental Law & Policy Forum
No abstract provided.
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Environmental Legislation And The Problem Of Collective Action, Robert V. Percival
Duke Environmental Law & Policy Forum
No abstract provided.
The Legislation Of Unintended Consequences, Rena I. Steinzor
The Legislation Of Unintended Consequences, Rena I. Steinzor
Duke Environmental Law & Policy Forum
No abstract provided.
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Pangloss Was Right: Reforming Congress Is Useless, Expensive, Or Harmful, Michael C. Munger
Duke Environmental Law & Policy Forum
No abstract provided.
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein
Duke Environmental Law & Policy Forum
No abstract provided.
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick
Duke Environmental Law & Policy Forum
No abstract provided.
The Seven Degrees Of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?, J. B. Ruhl
Duke Environmental Law & Policy Forum
No abstract provided.
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Golden Rules For Transboundary Pollution, Thomas W. Merrill
Duke Law Journal
No abstract provided.
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Managing Without A Balance: Environmental Regulation In Light Of Ecological Advances, Timothy H. Profeta
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Environmental Law: Ethics Or Science?, A. Dan Tarlock
Duke Environmental Law & Policy Forum
No abstract provided.
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Adjusting Law To Nature’S Discordant Harmonies, Daniel B. Botkin
Duke Environmental Law & Policy Forum
No abstract provided.
Legal Marketing Of Environmental Law, Antonio A. Oposa Jr.
Legal Marketing Of Environmental Law, Antonio A. Oposa Jr.
Duke Journal of Comparative & International Law
No abstract provided.
Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch
Where The Twain Shall Meet: Standing And Remedy In Alaska Center For The Environment V. Browner, Carl E. Bruch
Duke Environmental Law & Policy Forum
In 1994, the Ninth Circuit affirmed standing for citizens to sue to compel the EPA Administrator to undertake a statewide TMDL program. Although the citizens had standing for only some of the water-quality-limited waters in Alaska, the court held that the underlying cause of action was the EPA's failure to initiate the TMDL process for Alaska. This Note proposes that the court improperly reasoned its way to the correct holding. Like the EPA, the court confused standing to sue with the ultimate scope of the remedy. This Note proposes a three-step analysis to consider issues of standing and remedy. The …
Reengineering Rcra: The Command Control Requirements Of The Waste Disposal Paradigm Of Subtitle C And The Act’S Objective Of Fostering Recycling-Rethinking The Definition Of Solid Waste, Again, R. Michael Sweeney
Duke Environmental Law & Policy Forum
INTRODUCTION In 1992, the United States Environmental Protection Agency (EPA) created the Definition of Solid Waste Task Force (Task Force). 1 Specifically, the Task Force was created to eliminate perceived disincentives to recycling, eliminate regulatory loopholes for those recycling practices presenting risks to health and the environment, and clarify the definition of solid waste. 2 In September, 1994, the Task Force published a report titled Reengineering RCRA for Recycling: Definition of Solid Waste Task Force: Report and Recommendations (Reengineering RCRA). 3 This report advocated a new national regulatory system for recycling. 4 Consistent with past practice, the proposed system is …