Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
- Publication Type
- File Type
Articles 1 - 30 of 80
Full-Text Articles in Law
Development, Voice, And Vulnerability: A Rhetorical Analysis Of The Policy-Making Discourse Regarding The Paris Agreement As An Organizational Response To Climate Change, David Almanza-Canas
Development, Voice, And Vulnerability: A Rhetorical Analysis Of The Policy-Making Discourse Regarding The Paris Agreement As An Organizational Response To Climate Change, David Almanza-Canas
UNLV Theses, Dissertations, Professional Papers, and Capstones
On December 12, 2015, the Paris Agreement was officially ratified by 196 sovereign entities. This treaty represents a global call to action to ameliorate the impact of human activities on our environment, and it creates a means of cooperation through financial support and transparent industrial practices with the goal of promoting accountability across the world. This treaty and the discourse surrounding it present fertile ground for the academic understanding of persuasive practices in policy-making. By examining the rhetorical implications of the Paris Agreement as a global policy, scholars can gain new insight about the communities represented in the conversation as …
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin
University of Colorado Law Review
Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.
This Article proposes the concept of "too-easy solutions" to describe …
Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Book Review Of Toxic Debts And The Superfund Dilemma, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone
Linda A. Malone
No abstract provided.
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone
Linda A. Malone
No abstract provided.
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Green Helmets: A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Linda A. Malone
No abstract provided.
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Discussion In The Security Council On Environmental Intervention In The Ukraine, Linda A. Malone
Linda A. Malone
No abstract provided.
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Lynda L. Butler
No abstract provided.
How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos
How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos
William & Mary Environmental Law and Policy Review
This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws …
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Shaping The Future: The Dialectic Of Law And Environmental Values, Holly Doremus
Holly Doremus
No abstract provided.
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Regulation And Business Behavior, Neil Gunningham, Robert Kagan
Robert Kagan
Presents an introduction to various articles and issues discussed in the April 1, 2005 issue of the journal "Law and Policy."
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
General Deterrence And Corporate Environmental Behavior, Dorothy Thornton, Neil Gunningham, Robert Kagan
Robert Kagan
This research addresses the assumption that“general deterrence” is an important key to enhanced compliance with regulatory laws. Through a survey of 233 firms in several industries in the United States, we sought to answer the following questions: (1) When severe legal penalties are imposed against a violator of environmental laws, do other companies in the same industry actually learn about such“signal cases”? (2) Does knowing about“signal cases” change firms’ compliance-related behavior? It was found that only 42 percent of respondents could identify the“signal case,” but 89 percent could identify some enforcement actions against other firms, and 63 percent of firms …
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Motivating Management: Corporate Compliance In Environmental Protection, Neil Gunningham, Dorothy Thornton, Robert Kagan
Robert Kagan
Based on interviews with facility managers in the electroplating and chemical industries, this study examines regulated firms’ perceptions of how various instrumental, normative, and social factors motivated their firms’ environmental actions. We found that“implicit general deterrence” (the overall effect of sustained inspection and enforcement activity) was far more important than either specific or general deterrence, and that deterrence in any form was of far greater concern to small and medium-sized enterprises than it was to large ones. Most reputation-sensitive firms in the environmentally sensitive chemical industry chose to go substantially beyond compliance for reasons that related to risk management and …
Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke
Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke
William & Mary Environmental Law and Policy Review
This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not all agricultural …
Market Failures And Protecting The Environment, Chad J. Mcguire
Market Failures And Protecting The Environment, Chad J. Mcguire
Chad J McGuire
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Rising Sea Levels Challenge Flood Insurance Management, Chad J. Mcguire
Chad J McGuire
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire
Chad J McGuire
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire
Chad J McGuire
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire
Chad J McGuire
Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane
Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane
William & Mary Environmental Law and Policy Review
Current approaches to discounting in climate policy present a seemingly intractable problem. While it is widely recognized that choice of discount rate in climate models can easily dwarf the effect of other parameter inputs, there is at present a very wide disagreement, both in law and in economics, about the appropriate discount rate to use. This Paper provides a framework for achieving a workable consensus range for acceptable discount rates in climate models. It does so by emphasizing three factors previously ignored in the literature. First, it demonstrates that the choice of discount rate should be tailored to the type …
Uncertainty, Daniel A. Farber
Uncertainty, Daniel A. Farber
Daniel A Farber
The article discusses environmental risks and uncertainties and the current approaches to risk assessment. It is said that conventional risk assessment is a powerful methodology, but over-reliance on it can lead to a failure to acknowledge any risks that do not lend themselves to the technique. Uncertainties can be associated with fat-tailed distributions.
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann
Holly Doremus
No abstract provided.
Constitutive Law And Environmental Policy, Holly Doremus
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Holly Doremus
The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …
A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula
A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula
William & Mary Environmental Law and Policy Review
No abstract provided.
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris
Chad J McGuire
Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire