Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- DDT (2)
- Environmentalism (2)
- Pesticides (2)
- Rachel Carson (2)
- Silent Spring (2)
-
- Blackmun (1)
- Climatic changes (1)
- Ecology Law Quarterly (1)
- Environment (1)
- Environmental Conflict (1)
- Environmental ethics (1)
- Environmental federalism (1)
- Environmental policy (1)
- Environmental standings (1)
- Era of fault (1)
- Fletcher v. Rylands (1)
- Invitational Rhetoric (1)
- Johnstown Flood of 1889 (1)
- Legacy Highway (1)
- Legal history (1)
- Public Choice (1)
- Regulation (1)
- Regulatory takings (1)
- Strict liability (1)
- Supreme Court (1)
- Torts (1)
- Utah (1)
Articles 1 - 8 of 8
Full-Text Articles in Legal History
Natural Transplants, Vanessa Casado-Pérez, Yael R. Lifshitz
Natural Transplants, Vanessa Casado-Pérez, Yael R. Lifshitz
Faculty Scholarship
Policymakers are constantly faced with the complex task of managing novel challenges. At times, these challenges result from new technologies: Consider fights over allocating air rights for drones or decisions about how to share scarce vaccines in a pandemic. Other times the resources are old, but the challenges are new, such as how to fairly allocate water in times of unprecedented drought or previously undesirable rare earth minerals that are in demand for modern manufacturing and energy production. Often, instead of carefully tailoring a regime to the new resource, decisionmakers simply rely on mechanisms they are familiar with. When jurisdictions …
Agricultural Revolutions And Agency Wars: How The 1950s Laid The Groundwork For "Silent Spring", Roger E. Meiners, Andrew P. Morriss
Agricultural Revolutions And Agency Wars: How The 1950s Laid The Groundwork For "Silent Spring", Roger E. Meiners, Andrew P. Morriss
Faculty Scholarship
This chapter from the book Silent Spring at 50 analyzes the 1950s struggle over US food policy between USDA and FDA and how that struggle set the stage for the impact of Rachel Carson’s Silent Spring. Using a public choice/interest group analysis, the chapter examines how the two agencies reacted to the large scale transformation of US agriculture and food production during and following World War II. Just as agriculture underwent a dramatic productivity revolution that changed the face of American farming, marketing, new home appliances, and increased participation in the labor force by women radically changed the kinds of …
Silent Spring At 50, Roger Meiners, Pierre Desrochers, Andrew P. Morriss
Silent Spring At 50, Roger Meiners, Pierre Desrochers, Andrew P. Morriss
Faculty Scholarship
This introduction from the book Silent Spring at 50 describes the various contributors’ insights into Rachel Carson’s landmark work. The authors come from a variety of disciplines, including conservation biology, English, law, and economics, and offer critical assessments of Silent Spring and its legacy. The first part has three chapters that put the book into the context of its time, examining it in light of Carson’s previous books on the sea (Wallace Kaufman); the larger tradition of authors warning against human hubris in environmental matters (Pierre Desrochers & Hiroko Shimizu); and the contest between “environmental religion” and “economic religion” that …
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
The Controversy Over The Legacy Highway In Utah: An Opportunity For Invitational Rhetoric, Carlo A. Pedrioli
The Controversy Over The Legacy Highway In Utah: An Opportunity For Invitational Rhetoric, Carlo A. Pedrioli
Faculty Scholarship
Beginning in the mid 1990s, residents of Utah began to debate the merits of the “Legacy Highway,” a large highway that would run near the Great Salt Lake in an attempt to alleviate the clogged commute on Interstate-15, which runs north/south through Salt Lake City, the state’s capital. Perhaps not surprisingly, environmental groups were upset with this proposed governmental project. Groups like the Advocates for Safe and Efficient Transportation and the Utah Department of Transportation faced off against the Sierra Club, Stop the Legacy Highway, and Utahns for Better Transportation. Generous amounts of rhetoric, including public discussion and litigation, resulted …
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Faculty Scholarship
The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that documents how the Court, for nearly a quarter century, handled environmental cases during a period crucial to the development of environmental law. This Article reviews highlights of what the Blackmun papers reveal about the U.S. Supreme Court’s handling of environmental cases during Justice Blackmun’s service on the Court from 1970 to 1994. The Article first examines what new light the Blackmun papers shed on some of the principal findings of the author’s October 1993 article Environmental Law in the Supreme Court: Highlights from the Marshall …
The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman
The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman
Faculty Scholarship
Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …
Two Social Movements, Thomas W. Merrill
Two Social Movements, Thomas W. Merrill
Faculty Scholarship
Two social movements in the last fifty years have had a profound impact on our understanding of law and the role of the courts in our system of government. One is the civil rights movement. The demand for greater racial and gender equality and other civil rights has changed the face of the law in countless ways. For example, it has called into question – or at least required a fundamental revision in – the traditional understanding that the courts should interpret the Constitution and laws in accordance with their original meaning. Decisions such as Brown v. Board of Education …