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Full-Text Articles in Law
4°C, Robin Kundis Craig
4°C, Robin Kundis Craig
Utah Law Faculty Scholarship
Conventional climate change wisdom tells governments to plan for a 2°C increase in global average temperature. However, increasingly robust science indicates that the planet is well on its way to at least 4°C of warming, possibly by the end of the 21st century or shortly thereafter. That much warming is a governance game changer, taking the multiple and interconnected complex systems that define U.S. society across thresholds and tipping points into cascades of transformational change. Critically, these systems potentially include the United States’ system of government—the key system that must successfully adapt to the coming changes in order for the …
Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig
Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig
Utah Law Faculty Scholarship
Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a …
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Trickster Law: Promoting Resilience And Adaptive Governance By Allowing Other Perspectives On Natural Resource Management, Robin Kundis Craig
Utah Law Faculty Scholarship
The Anthropocene requires a new approach to natural resources law and policy, an approach that this short article terms "trickster law." Trickster law incorporates insights from resilience theory, adaptive governance scholarship, and cultural/anthropological studies of trickster tales to create a legal approach to natural resource management that is precautionary, engaged in proactive planning, based in principled flexibility, and pluralistic. This article focuses on the "pluralism" component, presenting three examples of how law modified to be more inclusive and respect different value systems has generated new approaches to natural resources management that better promote social-ecological resilience to climate change and other …