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Articles 1 - 18 of 18

Full-Text Articles in Law

The Institutional Logic Of Preventive Crime, Mariano-Florentino Cuellar Sep 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

Derogating The Precautionary Principle, A. W. Harris

Villanova Environmental Law Journal

No abstract provided.