Law Commons^™

Deterrence Vs. Cooperation And The Evolving Theory Of Environmental Enforcement, Clifford Rechtschaffen

Publications

This Article critically examines the assumptions underlying the reform movement, and concludes that we should ease the rush to dismantle traditional, deterrence-based civil enforcement. While some of the underlying critiques of traditional enforcement have merit, they do not demonstrate that a wholesale shift to a primarily cooperative-oriented approach will improve compliance with environmental law. In fact, a deterrence based system of enforcement contains many attributes that are equally if not more essential to achieving compliance. Rather than discarding the current enforcement approach, we should move to a system of environmental enforcement that is grounded in deterrence theory but integrates the …

Introduction To The Issue: Metropolitan Vantage Point, Paul Stanton Kibel

Publications

No abstract provided.

The Urban Nexus: Open Space, Brownfields And Justice, Paul S. Kibel

Publications

Although it is not too difficult a task to describe the reality of urban decline, it is another task altogether to identify and isolate the underlying trigger of this decline. Many different culprits have been proposed, including racism, capitalism, environmental extremism, postindustrialism, technology, drugs, the media, the automobile, the police, the public school system, too much government regulation, and too little government regulation. Is one of the these issues or entities the true cause? Is there a precise cause and effect explanation for why our cities are now subject to such powerful and destructive economic, environmental, and racial pressures?

These …