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Articles 31 - 38 of 38
Full-Text Articles in Law
Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum
Symposium: International Legal Dimensions Of Art And Cultural Property, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The market for art and cultural property is international. Demand is intense and not particularly local in terms of consumer preference. 2 Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there. Apart from this international market, legal and policy aspects of art and cultural property have a distinctly international flavor due to historical circumstance. Since many works over time have been removed from their source by way of …
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that …
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
It's Time To Make The Administrative Procedure Act Administrative, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Administrative Procedure Act (APA) has been out of date from the day it was written because it fails to address the administrative character of the modern state. The APA imposes procedural requirements on agency rulemaking and adjudication, two activities that are singled out because they resemble legislation and judicial decision making in the premodern state. The requirements for adjudication are based on the procedural rules that govern courts; the requirements for rulemaking would be based on the procedural rules that govern legislatures, but because very few such rules exist, they are also based on the rules that govern courts. …
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman
Mozart And The Red Queen: The Problem Of Regulatory Accretion In The Administrative State, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
Part I of this Article describes the phenomenon of regulatory accretion from several perspectives. We start by using the hypothetical professor-turned- monarch to isolate regulatory accretion as an independent variable in the operation of regulatory systems, separate from the three conventional topics of administrative law scholarship--efficiency, clarity, and institutional accountability. To describe regulatory accretion, we then define a range of metrics, showing that over the last fifty years, regulatory growth has been the rule rather than the exception using virtually any measure. We also show why regulatory law theory suggests that we should expect accretion to be the dominant dynamic …
Integrating Ecosystem Services Into Environmental Law: A Case Study Of Wetlands Mitigation Banking, J.B. Ruhl, Juge R. Gregg
Integrating Ecosystem Services Into Environmental Law: A Case Study Of Wetlands Mitigation Banking, J.B. Ruhl, Juge R. Gregg
Vanderbilt Law School Faculty Publications
This article argues that Section 404 of the Clean Water Act provides ample statutory authority for the Corps of Engineers and EPA to integrate ecosystem service values and impacts into wetlands impact and mitigation decisions.
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Farms, Their Environmental Harms, And Environmental Laws, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Farms are one of the last uncharted frontiers of environmental regulation in the United States. Despite the substantial environmental harms they cause-habitat loss and degradation, soil erosion and sedimentation, water resources depletion, soil and water salinization, agrochemical releases, animal wastes, nonpoint source water pollution, and air pollution-environmental law has given them a virtual license to do so. When combined, the active and passive safe harbors farms enjoy in most environmental laws amount to an anti-law that finds no rational basis given the magnitude of harms farms cause. This paper comprehensively documents the environmental harms farms cause and the safe harbors …
The Benefits And Costs Of Regulatory Reforms For Superfund, W. Kip Viscusi, James T. Hamilton
The Benefits And Costs Of Regulatory Reforms For Superfund, W. Kip Viscusi, James T. Hamilton
Vanderbilt Law School Faculty Publications
The current policy approach used in the Superfund program is a peculiar halfway house. EPA devotes substantial effort to identifying chemicals at a site and ascertaining their potential risks. It also assesses the costs of a range of remedies in considerable detail. However, many key elements are missing in the agency's analyses. There is no explicit consideration of the size of the population at risk. Risks to a single individual have the same weight as risks to a large exposed population. Actual and hypothetical exposures to chemicals receive equal weight so that risks to a person who, in the future, …
Frameworks For Analyzing The Effects Of Risk And Environmental Regulations On Productivity, W. Kip Viscusi
Frameworks For Analyzing The Effects Of Risk And Environmental Regulations On Productivity, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The existence of a negative relationship between the regulatory burden and capital investments, and consequently productivity,is not controversial. A conventional model of this type is developed in Section I. If, however, these regulations change over time and firms' investment decisions are irreversible, there will be additional distortions, as shown in Section II. In Section III, I show that uncertainty regarding these regulatory changes exacerbates the adverse productivity effects even for risk-neutral firms.