Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr. Jan 1987

Guerilla Decisionmaking: Judicial Review Of Risk Assessments, William H. Rodgers, Jr.

Articles

This paper describes four types of uncertainty confronted by decisionmakers undertaking risk assessments. It then discusses individual and institutional responses to uncertainty; these include both formal attempts to acquire more information, and pragmatic efforts to isolate and act upon salient considerations. The tendency of decisionmakers to narrow the agenda and search for a decisive datum or metaphor is called guerilla decisionmaking. Courts oversee agency decisions by techniques known widely in the legal community as the hard-look doctrine. This doctrine is defined, and the case law is used to illustrate how courts insist upon identification of salient risk-assessment factors and the ...


The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble Jan 1987

The Compact Clause And Transboundary Problems: A Federal Remedy For The Disease Most Incident To A Federal Government, Dale Goble

Articles

The political and constitutional relationship that is known as "federalism" creates boundaries that often do not correspond to resources. The anadromous salmon and steelhead of the Columbia River Basin, for example, cross several jurisdictional boundaries during their life cycle. Jurisdictional boundaries frequently contribute to poor resource planning because some actors are excluded. One traditional response to such transboundary resource difficulties has been to nationalize the problem, thus creating a forum in which all of the actors may participate. Nationalization, however, may be overinclusive when the problem is regional. An alternative that is potentially more sensitive to local concerns is found ...


Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson Jan 1987

Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson

Articles

No abstract provided.


The Conservation Movement In A Corporate Age, Charles F. Wilkinson Jan 1987

The Conservation Movement In A Corporate Age, Charles F. Wilkinson

Articles

No abstract provided.


Water Use Efficiency: The Value Of Water In The West, David H. Getches Jan 1987

Water Use Efficiency: The Value Of Water In The West, David H. Getches

Articles

No abstract provided.


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson Jan 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Articles

No abstract provided.