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Articles 91 - 117 of 117
Full-Text Articles in Law
Cartography Of Governance: An Introduction, Lakshman D. Guruswamy
Cartography Of Governance: An Introduction, Lakshman D. Guruswamy
Publications
No abstract provided.
Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu
Environmental Compliance: Another Integrity Crisis Or Too Many Rules?, James Salzman, J.B. Ruhl, Kai-Sheng Song, Han Yu
Faculty Scholarship
No abstract provided.
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
A Lesson For Conservation From Pollution Control Law: Cooperative Federalism For Recovery Under The Endangered Species Act, Robert L. Fischman, Jaelith Hall-Rivera
Articles by Maurer Faculty
No abstract provided.
Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman
Stumbling To Johannesburg: The United States' Haphazard Progress Toward Sustainable Forestry Law, Robert L. Fischman
Articles by Maurer Faculty
This Article addresses how well forestry law in the United States promotes sustainable development, with special attention to the trends of the past decade. The role of law in shaping forest management decisions has been a contentious issue in this recent period, and forestry has been at the forefront of public concern about sustainability of natural resource management generally. Therefore, the problems and opportunities for forestry law to promote sustainable development are indications of the weaknesses and strengths of the overall U.S. legal regime.
Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon
Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …
Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson
Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …
Dean's Foreword, David S. Cohen
Dean's Foreword, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …
Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn
Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Three Questions For Agriculture About The Environment, J.B. Ruhl
Three Questions For Agriculture About The Environment, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article is the third in my series studying agriculture and environmental law. It asks why agriculture has not evolved toward more environmentally responsible behavior and points to possible "green" solutions that will move agriculture into necessary transformations.
Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong
Adjucating Sustainability: New Zealand's Environment Court, Bret C. Birdsong
Scholarly Works
New Zealand's Resource Management Act of 1991 (“RMA”) placed the island nation on the world's cutting edge of environmental management by making sustainability the law of the land. The RMA also presents an opportunity to examine a less heralded New Zealand innovation in environmental governance: a specialized, expert court that is focused exclusively on resolving environmental disputes. The Environment Court is a critical institution in New Zealand's effort to move toward sustainable management of the environment. Exercising broad powers to review most of the fundamental issues arising under the RMA, the Court is the primary arbiter of whether activities and …
Fables Of The Cuyahoga: Reconstructing A History Of Environmental Protection, Jonathan H. Adler
Fables Of The Cuyahoga: Reconstructing A History Of Environmental Protection, Jonathan H. Adler
Faculty Publications
On June 22, 1969, just before noon, an oil slick and assorted debris under a railroad trestle on the Cuyahoga River caught fire. The fire attracted national media attention, and helped prompt the passage of federal environmental laws. A river on fire was a symbol of earth in need of repair, and federal regulation was the reparative tool of choice. Much of the Cuyahoga story is mythology, however, a fable with powerful symbolic force. The river did burn in 1969 - as it and other rivers had burned many times before - and today the Cuyahoga and many U.S. rivers …
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
The Asbestos Case And Dispute Settlement In The World Trade Organization: The Uneasy Relationship Between Panels And The Appellate Body, Sydney M. Cone Iii.
Articles & Chapters
This article deals with dispute settlement in the World Trade Organization (WTO) and, in particular, with the relationship between panels and the Appellate Body. Its point of departure is the Asbestos case initially decided by a WTO panel in September 2000 and, on appeal, by the WTO Appellate Body in March 2001.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Lipton And Rowe's Apologia For Delaware: A Short Reply, Ronald J. Gilson
Lipton And Rowe's Apologia For Delaware: A Short Reply, Ronald J. Gilson
Faculty Scholarship
Three themes animate Martin Lipton and Paul Rowe's thoughtful response to my critical evaluation of Unocal's fifteen-year history. First, they maintain that affording shareholders a primary role in the governance of takeovers depends on a commitment to the stock market's informational efficiency. Second, they claim that allowing shareholders to amend or repeal a poison pill ignores empirical evidence that the existence of a poison pill is associated with higher takeover premiums. Third, they assert that the Delaware General Corporation Law (DGCL) reflects an implicit mega-principle that assigns control over takeovers to managers. This short reply corrects Lipton and Rowe's …
Incomplete Compensation For Takings, Thomas W. Merrill
Incomplete Compensation For Takings, Thomas W. Merrill
Faculty Scholarship
If a tribunal determines that a state actor has expropriated foreign investment property, or, under Chapter 11 of the North American Free Trade Agreement (NAFTA), that a state actor has adopted a regulation that is "tantamount to" an expropriation of foreign investment property, then that tribunal must determine the amount of compensation owed. International law has developed methods to determine the size of a compensation award when a state formally expropriates property. But the notion, reflected in Chapter 11 of NAFTA, that states may be required to pay compensation to foreign investors for what are, in effect, regulatory takings, is …
The Birth, Death, And Rebirth Of The World Trade Center And The Fate Of New York, Michael B. Gerrard
The Birth, Death, And Rebirth Of The World Trade Center And The Fate Of New York, Michael B. Gerrard
Faculty Scholarship
The year in the title has finally arrived, and in Stanley Kubrick's classic film 2001: A Space Odyssey, the appearance of large monoliths marks important transitions in human civilization. In New York City, the construction, destruction and possible reconstruction of the twin monoliths of the World Trade Center also mark historical transitions. Among the things transformed with each event is our relationship to the physical environment.
Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song
Regulatory Traffic Jams, J.B. Ruhl, James Salzman, Kai-Sheng Song
Vanderbilt Law School Faculty Publications
Notwithstanding the tremendous amount of attention environmental agencies, policy analysts, and scholars have paid to "regulatory reinvention," it has been pitched primarily as a refinement of the sanction and facilitation models, and thus intended to be channeled through the firm-specific behavioral responses predicted under the rational polluter and good-apple models. Little attention has been paid to the systems level question. The relevant question under the systems model is whether there is a component of noncompliance that does not respond to sanction and facilitation policies that are intended to illicit firm-specific behavioral responses. To answer this will require (1) identifying instances …
The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman
The Humbugs Of The Anti-Regulatory Movement, Lisa Heinzerling, Frank Ackerman
Georgetown Law Faculty Publications and Other Works
It is so hard to get beyond cynicism these days. Even a symposium devoted to this goal has, as reflected in the articles by Professors Cynthia Farina, Jeffrey Rachlinski, and Mark Seidenfeld, succeeded primarily in suggesting that regulators are not so much selfish as they are obtuse, stubborn, and sometimes downright dumb. Undoubtedly this is true some of the time. But Farina, Rachlinski, and Seidenfeld want to convince us that it is true enough of the time to warrant quite large-scale solutions. In this Comment, we take issue with this pessimistic assessment of regulatory behavior by discrediting the most prominent …
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
The Greening Of The World Trade Organization, Sydney M. Cone Iii.
Articles & Chapters
No abstract provided.
Greenhouse Gas Emissions And Emissions Trading In North America, Jonathan H. Adler
Greenhouse Gas Emissions And Emissions Trading In North America, Jonathan H. Adler
Faculty Publications
Introducation to the symposium on Energy, the Environment and Natural Resources in the Canada/U.S. Context: Greenhouse Gas Emissions and Emissions Trading in North America: Kyoto Treaty and U.S. Initiatives, Cleveland, Ohio, 2002.
On Revolution And Wetland Regulations, Michael J. Gerhardt
On Revolution And Wetland Regulations, Michael J. Gerhardt
Faculty Publications
No abstract provided.
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
Faculty Publications
No abstract provided.
Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus
Environmental Law And The Supreme Court: Three Years Later, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
In my Garrison Lecture three years ago, I surveyed the environmental law decisions of the Supreme Court between 1970 and 1999. I commented on which Justices had been more or less influential in shaping the Court's decisions and, even more provocatively (if not foolishly), sought to "score" the individual Justices on their responsiveness to environmental protection concerns based on their votes cast in a subset of those cases. The broader thesis of the lecture, however, was that there is something distinctively "environmental" about environmental law and that the Court's increasing inability to appreciate that dimension was leading to more poorly-reasoned …
International Environmental Law And Emotional Rational Choice, Peter H. Huang
International Environmental Law And Emotional Rational Choice, Peter H. Huang
Publications
This paper considers how emotions can foster compliance by rational actors with international environmental law. Many environmental issues are highly emotionally charged. Both supporters of and opponents to international environmental law often feel very strongly about their positions and views. A psychological game-theoretic model focuses on the disciplinary role that losing face may play in compliance with international environmental law. This model implies that non-compliance, especially by high-profile international actors, should be highly and swiftly publicized upon detection and verification. The model also explains why actors care so much about soft, that is, non-binding international environmental law, such as international …
The Market Value Of Reducing Cancer Risk: Hedonic Housing Prices With Changing Information, W. Kip Viscusi, Ted Gayer, James T. Hamilton
The Market Value Of Reducing Cancer Risk: Hedonic Housing Prices With Changing Information, W. Kip Viscusi, Ted Gayer, James T. Hamilton
Vanderbilt Law School Faculty Publications
In this paper, we use housing price changes occurring after the release of a regulatory agency's environmental risk information to estimate the value people place on cancer risk reduction. Using a large original data set on the repeat sales of houses, matched with detailed data on hazardous waste cancer risk and newspaper publicity, we find that housing prices respond in a rational manner to changes in information about risk. Since the new information indicated that the sites in our sample pose relatively low cancer risk, the informational release led residents to lower their risk beliefs, resulting in an average housing …
Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl
Agriculture And The Environment: Three Myths, Three Themes, Three Directions, J.B. Ruhl
Vanderbilt Law School Faculty Publications
Three very powerful and widely disseminated myths, what I call the Three Myths, have obscured the reality that agriculture is a leading source of environmental harm in our nation. Until we can divorce the dialogue on agri-environmental policy from these myths, the discussion of goals and policy instruments will remain mired.
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
Earning Deference: Reflections On The Merger Of Environmental And Land-Use Law, Michael Allan Wolf
UF Law Faculty Publications
The bedrock notion that courts should, in the overwhelming majority of cases, defer to lawmakers is currently under attack in the nation's courts, commentary and classrooms. Leading the way are several United States Supreme Court Justices who, in cases involving the Commerce Clause, the Takings Clause and Section Five of the Fourteenth Amendment, are much more willing than their immediate predecessors to second-guess the motives and tactics of elected and appointed officials at all levels of government. Given this new juris-political reality, it is more important than ever that local government officials--who are often (though, certainly, not always justifiably) viewed …