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Full-Text Articles in Law
The Risk In Technology-Based Standards, Patricia Ross Mccubbin
The Risk In Technology-Based Standards, Patricia Ross Mccubbin
Duke Environmental Law & Policy Forum
No abstract provided.
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Modular Environmental Regulation, Jody Freeman, Daniel Farber
Duke Law Journal
This Article proposes a "modular" conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools, without significant stakeholder input, and without institutional mechanisms capable of adapting to changing conditions over time. Modularity, by contrast, is characterized by a high degree of flexible coordination across government agencies as well as between public agencies and private actors; governance structures in which form follows function; a problem-solving orientation that requires flexibility; and reliance on a mix of formal and informal tools of …