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The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
Holly Doremus
This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …
The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
Holly Doremus
This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …
The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
The Endangered Species Act: Static Law Meets Dynamic World, Holly Doremus
Holly Doremus
This Article looks at the discussion that preceded and accompanied the passage of the Endangered Species Act ("ESA"), focusing on why the law, including its implementation as well as its text, took the form it did. In particular, I am interested in why the ESA came to assume an unrealistically static vision of nature. The answer is complex. First, the Act's static structure is typical of law in general, which has traditionally embodied the human search for stability. Second, the Act is, inevitably, a product of the political times in which it was drafted and of a rapid and chaotic …