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Full-Text Articles in Legal History
Looking Back To The Future: The Curmudgeon's Guide To The Future Of Environmental Law, Denis Binder
Looking Back To The Future: The Curmudgeon's Guide To The Future Of Environmental Law, Denis Binder
Akron Law Review
This essay is not intended as a traditional law review article, but as an essay intended to raise questions about the current status and future of Environmental Law in light of the three and one-half centuries of a developmental, exploitative ethos in America.
Power To The People: Restoring The Public Voice In Environmental Law, Albert C. Lin
Power To The People: Restoring The Public Voice In Environmental Law, Albert C. Lin
Akron Law Review
Although the last forty years of environmental law have witnessed some successes, they have also increasingly revealed the limitations of existing laws and regulatory structures. Congress has been unable to pass substantial environmental legislation in recent years, notwithstanding widespread recognition of the need for better tools for responding to climate change, toxic chemicals, non-point source water pollution, and other problems. In addition, the Environmental Protection Agency (“EPA”) has struggled in the wake of limited resources and politicization to effectively use the tools it has, and its rulemaking processes are often dominated by industry and other repeat players. To deal with …
Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy
Environmental Law And The Collapse Of New Deal Constitutionalism, Arthur F. Mcevoy
Akron Law Review
This Article, which is a précis for a book in progress about the history of late twentieth-century U.S. environmental law, argues that our modern environmental law is peculiarly a creature of the New Deal. Despite its obvious legacy from common-law nuisance and Progressive regulation, what makes modern environmental law different from anything that came before is the way in which reformers built it out of parts copied from New Deal reform projects: cooperative federalism, the tax-and-spend power, representation-reinforcing, rights trumps, and so on. Environmental law’s history, its character, its accomplishments, and its shortcomings thus entwined with those of the New …