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Articles 1 - 14 of 14

Full-Text Articles in Law

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Oct 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Law and Contemporary Problems

The relationship between the EPA and Congress Since the founding of the EPA in 1970 has been marked by congressional oversight that has seriously frustrated the development and implementation of federal environmental protection policy. A destructive cycle has emerged: agency distrust has led to the failure of its policies, creating further distrust and further failure.


Regulation--And Contract--In Environmental Law, Richard A. Epstein Jun 1991

Regulation--And Contract--In Environmental Law, Richard A. Epstein

West Virginia Law Review

No abstract provided.


The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein Jun 1991

The Single Owner Revisited: A Brief Reply To Professor Lewin, Richard A. Epstein

West Virginia Law Review

No abstract provided.


Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin Jun 1991

Whose Values Are Protected By Environmental Regulation--A Response To Professor Epstein, Jeff L. Lewin

West Virginia Law Review

No abstract provided.


Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor May 1991

Individual Enforcement Of Canada's Environmental Protection Laws: The Weak-Spirited Need Not Try, Roger W. Proctor

Dalhousie Law Journal

It is no secret that public awareness and concern for environmental protection in Canada has increased significantly in recent years. Legislators have addressed these concerns by implementing new laws to regulate the various practices that impact negatively on the environment. With statutes in hand, environmentally conscious individuals are beginning to intervene personally to monitor compliance and ensure enforcement of these new laws.


Analysis Of The Regulation Of Beachfront Development In South Carolina, Newman J. Smith Apr 1991

Analysis Of The Regulation Of Beachfront Development In South Carolina, Newman J. Smith

South Carolina Law Review

No abstract provided.


Rethinking Environmental Controls: Management Strategies For Common Resources, Carol M. Rose Feb 1991

Rethinking Environmental Controls: Management Strategies For Common Resources, Carol M. Rose

Duke Law Journal

No abstract provided.


Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner Jan 1991

Transnational Alignment Of Nongovernmental Organizations For Global Environmental Action, Maria Garner

Vanderbilt Journal of Transnational Law

This Note proposes an alternative to the current international legal system for addressing the worldwide environmental crisis. The author describes the conditions of the environment and argues that the current legal system is incapable of responding to the already severe global environmental crisis. The author suggests that a network of environmental nongovernmental organizations (NGOs) can obtain results that are currently beyond the capabilities of either individual states or traditional international organizations. The main function of this type of network would be to collect and disseminate information to facilitate environmental action. The author also proposes a specific construction for an environmental …


Enforcement Challenges And Priorities For The 1990s: A State Perspective, David L. Markell Jan 1991

Enforcement Challenges And Priorities For The 1990s: A State Perspective, David L. Markell

Duke Environmental Law & Policy Forum

No abstract provided.


Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly Jan 1991

Green Law-Making: A Primer On The European Community's Environmental Legislative Process, Michael S. Feeley, Peter M. Gilhuly

Vanderbilt Journal of Transnational Law

The birth of the European Common Market marks a new era of multistate environmental regulation that will radically affect commercial activity. This Article examines the European Community's (EC) background, institutions, and legislative process to elucidate how this environmental regime is developing. Following a brief introduction, Part II sets forth the EC's background, presenting its history and the general framework in which its law applies. Part III describes the EC's major institutions. Part IV discusses forms of EC legislation, with an emphasis on the use of directives. Part V considers legislative processes by which the EC enacts laws, including the new …


Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey Jan 1991

Federalism And Comprehensive Environmental Reform: Seeing Beyond The Murky Medium, Rodney Northey

Osgoode Hall Law Journal

This article examines the legal constraints that Canadian federalism places on comprehensive environmental reforms. Having specific regard for the Canadian Environmental Protection Act and its regulation of toxic substances, the article questions the ability of federal constitutional powers to support a broad scope for the statute. The article then examines two approaches to this problem. First, it examines an alternative vision of federalism which provides the federal government with broad environmental authority. Secondly, it examines various mechanisms of federal-provincial cooperation for their application to comprehensive environmental schemes. It concludes that these options provide enough scope to regulate environmental activities comprehensively …


Environmental Law, Honorable Leon D. Lazer Jan 1991

Environmental Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


The Case For An Amendment To The Constitution Of The United States For Protection Of The Environment: Affirming Responsibilities Rather Than Declaring Rights May Be The Most Promising Route To The Objective, Lynton K. Caldwell Jan 1991

The Case For An Amendment To The Constitution Of The United States For Protection Of The Environment: Affirming Responsibilities Rather Than Declaring Rights May Be The Most Promising Route To The Objective, Lynton K. Caldwell

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley Jan 1991

Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley

Duke Environmental Law & Policy Forum

No abstract provided.