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Full-Text Articles in Law

Law, Environment, And The “Nondismal” Social Sciences, William Boyd, Douglas Kysar, Jeffrey J. Rachlinski Dec 2014

Law, Environment, And The “Nondismal” Social Sciences, William Boyd, Douglas Kysar, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other environmental issues. This review seeks to complement the expansion of economic reasoning and methodology within the field of environmental law and policy by identifying insights to be gleaned from various “nondismal” social sciences. In particular, three areas of inquiry are highlighted as illustrative of interdisciplinary work that might help to complement law and economics and, in some cases, compensate for it: the …


Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski Dec 2014

Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

No abstract provided.


The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski Dec 2014

The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …


The Psychology Of Global Climate Change, Jeffrey J. Rachlinski Dec 2014

The Psychology Of Global Climate Change, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

In its attempt to address the threat of global climate change, society has struggled to reach a consensus regarding the need for preventive measures. Professor Rachlinski describes the threat of global climate change as a unique commons dilemma and explains that various psychological phenomena of judgment render it unlikely that society will be able to respond effectively to the threat. After considering the effects of biased assimilation, loss aversion, and other psychological processes, the author explains that an innovative approach is necessary to properly address the dilemma of global climate change. Specifically, the author examines the prospect of governmental intervention …