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Full-Text Articles in Law

Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler Oct 2008

Using Empirical Research To Design Government Citizen Participation Processes: A Case Study Of Citizens' Roles In Environmental Compliance And Enforcement, David Markell, Tom R. Tyler

Scholarly Publications

No abstract provided.


Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman Jul 2008

Notice And Expectation Under Bounded Uncertainty: Defining Evolving Property Rights Boundaries Through The Public Trust And Takings, Hannah J. Wiseman

Scholarly Publications

No abstract provided.


The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu Jan 2008

The Identifiability Of Bias In Environmental Law, Shi-Ling Hsu

Scholarly Publications

The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person’s situation will influence human decisionmaking. This human propensity has biased law and public policy against environmental and ecological protection because the putative economic victims of environmental regulation are usually easily identifiable workers that lose their jobs, while the beneficiaries—people who avoid a premature death from air or water pollution, people who would be saved by medicinal compounds available only in rare plant and animal species, and …


A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu Jan 2008

A Realistic Evaluation Of Climate Change Litigation Through The Lens Of A Hypothetical Lawsuit, Shi-Ling Hsu

Scholarly Publications

Several dozen cases that can be classified as "climate change litigation" have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this point. This Article seeks to ground this debate by analyzing the actual legal doctrines that may serve as bases for liability, and seeks to make a realistic evaluation of the likelihood of success of these types of suits. Climate change litigation, in its various forms, raises issues of …