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Articles 1 - 18 of 18
Full-Text Articles in Law
The Institutional Logic Of Preventive Crime, Mariano-Florentino Cuellar
The Institutional Logic Of Preventive Crime, Mariano-Florentino Cuellar
Mariano-Florentino Cuellar
Criminal justice plays a major role in regulating undesirable conduct. As part of that role, the system relies on deterrence, incapacitation, and the shaping of social norms and preferences in an effort to prevent conduct considered harmful. But that preventive role is routinely misunderstood. This paper rethinks preventive enforcement by training attention on the relationship between criminal law and the institutional realities affecting risk regulation in environmental, health, and national security regulation. First, while not denying a host of problems with the expansive reach of criminal enforcement, the article describes how the structure of criminal enforcement does not draw particularly …
Environmental Justice: An Analysis, Dennis Bechtel
Environmental Justice: An Analysis, Dennis Bechtel
Native American Forum on Nuclear Issues
Abstract: -Importance of the Environmental Justice -EJ examples -Regulatory backdrop -Stigma effects -Recommendations
Climate Change And The Limits Of The Possible, Jedediah Purdy
Climate Change And The Limits Of The Possible, Jedediah Purdy
Duke Environmental Law & Policy Forum
No abstract provided.
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Integrating State, Regional, And Federal Greenhouse Gas Markets: Options And Tradeoffs, Jonas Monast
Duke Environmental Law & Policy Forum
No abstract provided.
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Environmental Standing: Who Determines The Value Of Other Life?, Francisco Benzoni
Duke Environmental Law & Policy Forum
No abstract provided.
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Be Cool! Staying Open Minded About Climate Policy Development, Scott H. Segal
Duke Environmental Law & Policy Forum
No abstract provided.
Six Principles For Integrating Non-Governmental Environmental Standards Into Smart Regulation, Stepan Wood, Lynn Johannson
Six Principles For Integrating Non-Governmental Environmental Standards Into Smart Regulation, Stepan Wood, Lynn Johannson
Osgoode Hall Law Journal
Ontario recently introduced environmental penalties (EPs), the environmental equivalent of speeding tickets. EPs are widely understood as part of a move toward "smarter" environmental regulation. As part of the EPs regime, facilities with an environmental management system aligned with ISO 14001 or Responsible Care qualify for reduced penalties. The Ontario government's attempt to incorporate voluntary standards-such as ISO 14001-into its EPs regulations was not very smart, however, because it failed to observe six principles that, in our view, should guide the incorporation of standards into smart regulation. First, do not reinvent the wheel. If an existing standard fulfills the objectives …
Symposium: Common Law Environmental Protection - Introduction, Jonathan H. Adler, Andrew P. Morriss
Symposium: Common Law Environmental Protection - Introduction, Jonathan H. Adler, Andrew P. Morriss
Case Western Reserve Law Review
No abstract provided.
A Defense Of Common Law Environmentalism: The Discovery Of Better Environmental Policy, Henry N. Butler
A Defense Of Common Law Environmentalism: The Discovery Of Better Environmental Policy, Henry N. Butler
Case Western Reserve Law Review
No abstract provided.
The Common Law And The Environment In The Courts, Stuart Buck
The Common Law And The Environment In The Courts, Stuart Buck
Case Western Reserve Law Review
No abstract provided.
Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi
Estimating Discount Rates For Environmental Quality From Utility-Based Choice Experiments, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
We estimate rates of time preference using a utility-based choice experiment administered to a nationally representative sample of 2,914 respondents. For the full sample, the rate of time preference is very high for immediate benefits and drops off substantially thereafter, which is inconsistent with exponential discounting but consistent with hyperbolic discounting. Estimates of the hyperbolic discounting parameter range from 0.48 to 0.61. Visitors to water bodies have low rates of discount but exhibit hyperbolic discounting, whereas those who do not visit have consistently high rates of discount and low valuations of water quality.
A Renewed Role For Conservation In Environmental Policy, Amie Medley
A Renewed Role For Conservation In Environmental Policy, Amie Medley
Michigan Law Review First Impressions
Not since President Carter's impassioned speeches in the 1970s, which warned Americans that their country's dependence on oil was "likely to get progressively worse through the rest of this century," has there been serious attention to the role conservation should play in addressing environmental issues such as climate change and sustainability. The next presidential administration should highlight the importance of individuals taking action in their homes and communities in order to decrease the unsustainable demand for natural resources.
Making Nuisance Ecological, J. B. Ruhl
Making Nuisance Ecological, J. B. Ruhl
Case Western Reserve Law Review
No abstract provided.
Beware Of Greens In Praise Of Common Law, James L. Huffman
Beware Of Greens In Praise Of Common Law, James L. Huffman
Case Western Reserve Law Review
No abstract provided.
The Common Law And The Environment, Steven J. Eagle
The Common Law And The Environment, Steven J. Eagle
Case Western Reserve Law Review
No abstract provided.
Unsettled Expectations: Reflections On Four Views Of The Common Law And The Environment, David Schoenbrod
Unsettled Expectations: Reflections On Four Views Of The Common Law And The Environment, David Schoenbrod
Case Western Reserve Law Review
No abstract provided.
Judicial Iron Triangles: The Roadless Rule To Nowhere—And What Can Be Done To Free The Forest Service's Rulemaking Process, Christopher Cumings
Judicial Iron Triangles: The Roadless Rule To Nowhere—And What Can Be Done To Free The Forest Service's Rulemaking Process, Christopher Cumings
Oklahoma Law Review
No abstract provided.
Derogating The Precautionary Principle, A. W. Harris
Derogating The Precautionary Principle, A. W. Harris
Villanova Environmental Law Journal
No abstract provided.