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Articles 1 - 11 of 11
Full-Text Articles in Legal History
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.
Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater
Keynote Essay: A Modern Political Tribalism In Natural Resources Management, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The first law of ecology holds that everything is connected to everything else. This conference addresses the challenges and dilemmas of resource management policy on America’s public lands, but it seems useful both for the purposes of the conference and in broader terms to note how resource management is connected to larger questions of global integrity and human governance. This essay explores a troubling fact of modern political life: As the problems of managing the economy and ecology of this nation become ever more complex, subtly-interrelated, pressured and demanding, our processes of legal and political governance might be expected to …
The Right To Counsel Fees In Public Interest Environmental Litigation, Zygmunt J.B. Plater, Joseph H. King Jr
The Right To Counsel Fees In Public Interest Environmental Litigation, Zygmunt J.B. Plater, Joseph H. King Jr
Zygmunt J.B. Plater
No abstract provided.
Dealing With Dumb And Dumber: The Continuing Mission Of Citizen Environmentalism, Zygmunt J.B. Plater
Dealing With Dumb And Dumber: The Continuing Mission Of Citizen Environmentalism, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Surveying the history of citizen environmentalism in the context of environmental law and politics over the past fifty years, this essay hypothesizes five different categories of corporate, governmental, political, and individual actions that deserve to be called “dumb,” and the societal lessons that have been or could be learned from each. If there is truth to the wistful aphorism that “we learn from our mistakes,” then our society is in position to learn a great deal about our world and how it works, which perhaps provides some ground for hope for the years to come. Environmentalism embodies fundamentally rational and …
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Endangered Species Act Lessons Over 30 Years, And The Legacy Of The Snail Darter, A Small Fish In A Pork Barrel, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Why is it – amidst the flood of environmental statutes that poured into the law books and national consciousness in the remarkable decade of the 1970s – that the Endangered Species Act of 1973 (ESA) stands out as quite uniquely different? This Essay briefly surveys the ESA’s differentness, its special political context, the citizen suit of great notoriety that fired up the ESA’s political hotseat back in 1975, and what has changed and what has not in the years since that first eco-legal outburst.
Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater
Reflected In A River: Agency Accountability And The Tva Tellico Dam Case, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Legal history is usually written from one of two time perspectives: as a narrative of events and changing conditions over a span of years or as an extended exploration of one fertile moment in time. In examining the intriguing entity known as the Tennessee Valley Authority (TVA), this article draws upon that chronological history to some extent. To a greater extent, however, it focuses upon revealing moments in the last six years of the long-running battles over completion of the TVA’s Tellico dam, which finally flooded the last remaining stretch of the Little Tennessee River Valley in the spring of …
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law …
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Building upon the story line of a current book project on the Tellico Dam case, this Essay explores a challenging reality of modern public interest lawyering – the critical role of public perceptions and of the Press’s role in shaping them. Most public interest attorneys come to realize that their lawyering must move simultaneously on two different tracks that determine outcomes – law and public opinion. This double task can be difficult and sometimes impossible. Both tracks require the organization and presentation of facts, but the two contexts can be quite different. A legal case requires proof of each technical …
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Zygmunt J.B. Plater
In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political …
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution: The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation’s attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution’s causes, effects, and potential solutions. This essay offers four propositions, about two things that have changed, and two things that have not, in the years since Kepone, taking account of where we are, and seeking some points of consensus.
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater
Zygmunt J.B. Plater
How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles, presents "The Three …