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Full-Text Articles in Law

Politics And Procedure In Environmental Law, Daniel A. Farber Jan 1992

Politics And Procedure In Environmental Law, Daniel A. Farber

Faculty Scholarship

Deals with a study which applied interest-group theories on environmental laws. Relationship between legislators and environmental groups; Sources of environmental legislation; Role of environmental groups in the passage of environmental legislation.


Economics And The Environment: Trading Debt And Technology For Nature, Catherine O'Neill, Cass R. Sunstein Jan 1992

Economics And The Environment: Trading Debt And Technology For Nature, Catherine O'Neill, Cass R. Sunstein

Faculty Scholarship

In this article, Professor O’Neill and Professor Sunstein first explore and suggest improvements in current debt-for-nature swaps, with the ultimate aim of defending the use of economic incentives and Paretian principles in the context of international environmental policy. Second, they examine some of the limitations of the exchange of debt for nature, and thus suggest an alternative exchange that overcomes those limitations. The exchange they envision is quite simple. Developed nations would transfer to developing nations environmentally advanced technologies, particularly technologies designed to increase efficient energy use or to replace non-renewable sources with renewable sources of energy. In return ...


Judicial Deference To Executive Precedent, Thomas W. Merrill Jan 1992

Judicial Deference To Executive Precedent, Thomas W. Merrill

Faculty Scholarship

In 1984, the Supreme Court adopted a new framework for determining when courts should defer to interpretations of statutes by administrative agencies. Previous decisions had looked to multiple contextual factors in answering this question. Chevron U.S., Inc. v. National Resources Defense Council, Inc. appeared to reject this approach and require that federal courts defer to any reasonable interpretation by an agency charged with administration of a statute, provided Congress has not clearly specified a contrary answer. The Court justified this new general rule of deference by positing that Congress has implicitly delegated interpretative authority to all agencies charged with ...


Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza Jan 1992

Trade And Environment: An Environmentalist View, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.