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Articles 1 - 3 of 3
Full-Text Articles in Law
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades
Faculty Publications
No abstract provided.
Common Law Environmental Protection: Introduction, Jonathan H. Adler, Andrew P. Morriss
Common Law Environmental Protection: Introduction, Jonathan H. Adler, Andrew P. Morriss
Faculty Publications
Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant, portions of the existing regulatory regime. Yet whatever the failings of the environmental regulatory state, the common law has failings of its own, including the failure to protect many ecological resources in the period before the enactment of federal environmental law. This essay is the introduction to a paper-only symposium on Common Law Environmental Protection, forthcoming in the Case …
Anti-Conservation Incentives, Jonathan H. Adler
Anti-Conservation Incentives, Jonathan H. Adler
Faculty Publications
Several recent empirical studies have indicated that the Endangered Specifies Act (ESA) discourages species conservation on private land. This is because the law encourages landowners to shoot, shovel and shut up before federal authorities discover the species are present or may move onto the land. Most worrisome, the studies suggest that the net effect of the ESA on private land could be negative. Habitat loss and fragmentation represent the greatest threat to endangered species because private land is indispensable to environmental conservation.