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On The Role Of Cost-Benefit Analysis In Environmental Law: A Book Review Of Frank Ackerman And Lisa Heinzerling's Priceless: On Knowing The Price Of Everything And The Value Of Nothing, Shi-Ling Hsu Jan 2005

On The Role Of Cost-Benefit Analysis In Environmental Law: A Book Review Of Frank Ackerman And Lisa Heinzerling's Priceless: On Knowing The Price Of Everything And The Value Of Nothing, Shi-Ling Hsu

Scholarly Publications

Legal scholarship on the role of cost-benefit analysis in environmental law is often stimulating, but does not seem to be changing anybody's mind. The entrenchment of a camp of detractors and a camp of advocates of cost-benefit analysis parallels the impasse that has stymied environmental law for over a decade. Professors Frank Ackerman and Lisa Heinzerling have coauthored a book that captures most of the arguments from the detractor side, and they have done so skillfully and powerfully. However, this Review criticizes the book's contribution to perpetuating this intellectual stalemate. The book does this by focusing on an environmental theory …


What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu Jan 2005

What Is A Tragedy Of The Commons? Overfishing And The Campaign Spending Problem, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


The North American Commission For Environmental Cooperation After Ten Years: Lessons About Institutional Structure And Public Participation In Governance, David L. Markell Apr 2004

The North American Commission For Environmental Cooperation After Ten Years: Lessons About Institutional Structure And Public Participation In Governance, David L. Markell

Scholarly Publications

No abstract provided.


Enhancing Citizen Involvement In Environmental Governance, David L. Markell Apr 2004

Enhancing Citizen Involvement In Environmental Governance, David L. Markell

Scholarly Publications

No abstract provided.


A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu Apr 2003

A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen Jan 2003

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategie, David L. Markell, Clifford Rechtschaffen

Scholarly Publications

No abstract provided.


A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu Jan 2002

A Game-Theoretic Approach To Regulatory Negotiation And A Framework For Empirical Analysis, Shi-Ling Hsu

Scholarly Publications

For at least two decades, federal agencies have departed from their traditional role as top-down regulators, and have engaged regulated parties in negotiations regarding matters that were previously either handed down as edict or resolved in quasi-judicial agency proceedings. It is no accident that the increase in agency use of more conciliatory negotiation-oriented strategies coincides with a steady increase in skepticism regarding the effectiveness of regulation at the federal level and demands for less federal control and more state and local control. In this setting, federal agencies have become more inclusive and less adversarial towards regulated parties and other stakeholders, …


A Defense Of Cost-Benefit Analysis For Natural Resources Policy, Shi-Ling Hsu, John Loomis Jan 2002

A Defense Of Cost-Benefit Analysis For Natural Resources Policy, Shi-Ling Hsu, John Loomis

Scholarly Publications

No abstract provided.


Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu Jul 2001

Reducing Emissions From The Electricity Generation Industry: Can We Finally Do It?, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


Thinking Globally And Acting Locally: Reflections About The Possible Role Of "Globalization" In The Evolution Of Seqra, David L. Markell Jan 2001

Thinking Globally And Acting Locally: Reflections About The Possible Role Of "Globalization" In The Evolution Of Seqra, David L. Markell

Scholarly Publications

No abstract provided.


Symposium Introduction: A Conversation On Federalism And The States: The Balancing Act Of Devolution, David L. Markell, Martha F. Davis Jan 2001

Symposium Introduction: A Conversation On Federalism And The States: The Balancing Act Of Devolution, David L. Markell, Martha F. Davis

Scholarly Publications

No abstract provided.


The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell Jan 2000

The Role Of Deterrence-Based Enforcement In A "Reinvented" State/Federal Relationship: The Divide Between Theory And Reality, David L. Markell

Scholarly Publications

No abstract provided.


The Commission For Environmental Cooperation's Citizen Submission Process, David L. Markell Jan 2000

The Commission For Environmental Cooperation's Citizen Submission Process, David L. Markell

Scholarly Publications

No abstract provided.


The Potential And The Pitfalls Of Habitat Conservation Planning Under The Endangered Species Act, Shi-Ling Hsu Jan 1999

The Potential And The Pitfalls Of Habitat Conservation Planning Under The Endangered Species Act, Shi-Ling Hsu

Scholarly Publications

Editors' Summary: The ESA is simultaneously the most popular and most hated of environmental statutes. Conservationists fervently support the ESA's mission of preventing the extinction of our country's fish, wildlife, and plants, but private landowners subject to ESA restrictions claim that the Act unfairly and illogically restricts the use of their valuable property. As the agency with primary responsibility for the ESA's administration, the U.S. Fish and Wildlife Service (FWS) is caught between both sides. This Article examines how the FWS uses habitat conservation plans (HCPs) to balance the demands of conservationists and property owners. The Article begins by discussing …


Some Overall Observations About The 1996 New York State Environmental Bond Act And A Closer Look At Title 5 And Its Approach To The "Brownfields" Dilemma, David L. Markell Jan 1997

Some Overall Observations About The 1996 New York State Environmental Bond Act And A Closer Look At Title 5 And Its Approach To The "Brownfields" Dilemma, David L. Markell

Scholarly Publications

No abstract provided.


Ecosystem Management And The 1996 Sustainable Fisheries Act, Shi-Ling Hsu, James E. Willen Jan 1997

Ecosystem Management And The 1996 Sustainable Fisheries Act, Shi-Ling Hsu, James E. Willen

Scholarly Publications

No abstract provided.


Solid And Hazardous Waste Management And Remediation: Prospects For The Future, David L. Markell Jan 1996

Solid And Hazardous Waste Management And Remediation: Prospects For The Future, David L. Markell

Scholarly Publications

No abstract provided.


Preliminary Thoughts On Future Policy Directions For The Management Of Solid And Hazardous Waste, David L. Markell Jan 1996

Preliminary Thoughts On Future Policy Directions For The Management Of Solid And Hazardous Waste, David L. Markell

Scholarly Publications

No abstract provided.


Symposium Introduction: 25th Anniversary Of The New York State Department Of Environmental Conservation: Past And Future Challenges And Directions, David L. Markell Jan 1996

Symposium Introduction: 25th Anniversary Of The New York State Department Of Environmental Conservation: Past And Future Challenges And Directions, David L. Markell

Scholarly Publications

No abstract provided.


Lessons From The New York City Watershed Agreement, David L. Markell Jan 1996

Lessons From The New York City Watershed Agreement, David L. Markell

Scholarly Publications

No abstract provided.


Reinventing Enforcement: A Guide To Dec Compliance Options, David L. Markell Jul 1995

Reinventing Enforcement: A Guide To Dec Compliance Options, David L. Markell

Scholarly Publications

No abstract provided.


Regulatory Reform At The State Department Of Conservation, David L. Markell Jul 1995

Regulatory Reform At The State Department Of Conservation, David L. Markell

Scholarly Publications

No abstract provided.


"Reinventing Government": A Conceptual Framework For Evaluating The Proposed Superfund Reform Act Of 1994'S Approach To Intergovernmental Relations, David L. Markell Jul 1994

"Reinventing Government": A Conceptual Framework For Evaluating The Proposed Superfund Reform Act Of 1994'S Approach To Intergovernmental Relations, David L. Markell

Scholarly Publications

No abstract provided.


States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell Jan 1994

States As Innovators: It's Time For A New Look To Our "Laboratories Of Democracy" In The Effort To Improve Our Approach To Environmental Regulation, David L. Markell

Scholarly Publications

No abstract provided.


The Future Application Of The Public Trust Doctrine In New York State: Legislative Initiatives And Beyond, David L. Markell Jan 1994

The Future Application Of The Public Trust Doctrine In New York State: Legislative Initiatives And Beyond, David L. Markell

Scholarly Publications

No abstract provided.


The Federal Superfund Program: Proposals For Strengthening The Federal/State Relationship, David L. Markell Oct 1993

The Federal Superfund Program: Proposals For Strengthening The Federal/State Relationship, David L. Markell

Scholarly Publications

No abstract provided.


The Role Of Local Governments In Environmental Regulation: Shoring Up Our Federal System, David L. Markell Jan 1993

The Role Of Local Governments In Environmental Regulation: Shoring Up Our Federal System, David L. Markell

Scholarly Publications

No abstract provided.


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

Scholarly Publications

No abstract provided.