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Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.
Comprehensive Land Use Planning: Learning How And Where To Grow, John R. Nolon
Comprehensive Land Use Planning: Learning How And Where To Grow, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article explores the origins, evolution and contemporary workings of the legal system that determines the use of land. In Part II, the development of zoning and comprehensive planning laws in the United States is traced, emphasizing the importance that zoning be “in conformance with” a comprehensive land use plan, a requirement meant to provide direction and purpose to land use regulation. This retrospect shows that, from the beginning, the framers of the nation's land use regime were indecisive. They failed to define a comprehensive plan, to detail what such a plan should contain, and to prescribe how planning should …
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
After A Decade: "Theory As Practice" At The Center For Environmental Legal Studies, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
A scholarly center, with an ethically premised mission to further the remedial objectives of Environmental Law: this conception inspired establishment of Pace's Center For Environmental Legal Studies in 19821 when Professor Donald W. Stever, Jr., joined me in launching this new focus through which the Pace University School of Law's Environmental Law Faculty could use their expertise to further, refine, and fashion environmental protection and the conservation of natural resources. In the Center's first decade, our Environmental Faculty managed to exceed our Center's imagined goals, and as the Center enters its march to the year 2002, we are rethinking our …