Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos
Legal Theory And The Anthropocene Challenge: The Implications Of Law, Science, And Policy For Weapons Of Mass Destruction And Climate Change: The Expanding The Constraining Boundaries Of Legal Space And Time And The Challenge Of The Anthropocene, Winston P. Nagan, Judit K. Otvos
UF Law Faculty Publications
The idea of legal theory as a self-conscious theory for inquiry about law has opened up the framework of observation and participation. It has heightened social responsibility in ways that have been creative and receptive to analogies and metaphors from the developments in modern science. This paper explores some of these dominant borrowed metaphors. It further emphasizes the importance of the wide range of concerns in law technically, as well as the law’s capacity to manage and manipulate space and time implicating such issues as weapons of mass destruction, rights of indigenous people, deforestation, and climate change. By giving the …
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 …
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
All Maxine Goodman Levin School of Urban Affairs Publications
In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.
To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Public Choice And Environmental Policy: A Review Of The Literature, Christopher H. Schroeder
Faculty Scholarship
This paper is a draft of a chapter for a forthcoming book, Research Handbook in Public Law and Public Choice, edited by Daniel Farber and Anne Joseph O'Connell, to be published by Elgar. It reviews the public choice literature on environmental policy making, first generally and then with respect to four fundamental environmental policy questions: (1) whether or not government action is warranted; (2) if it is, the scope and stringency of the government action, including the manner in which a bureaucracy will implement and enforce any statutory standards; (3) the level of government that assumes responsibility; and (4) the …