Law Commons^™

My Friend, Charles Reich, Hon. Guido Calabresi

Touro Law Review

No abstract provided.

The Comparative Institutions Approach To Wildlife Governance, Dean Lueck

Texas A&M Law Review

This Article develops a comparative institutions approach to wildlife governance by examining the property rights to the habitat and the stocks of wild populations. The approach is based on the transaction cost and property rights approach and lies primarily in the traditions of Coase, Barzel, Ostrom, and Williamson. The approach recognizes the often-extreme costs of delineation and enforcement of property rights to wild populations and their habitats; thus, all systems are notably imperfect compared to the typical neoclassical economics approach. These costs arise because wildlife habitat and wildlife populations are part of the land which has many attributes and uses—most …

Technology-Based? Cost Factoring In U.S. Environmental Standards, Jamison E. Colburn

Michigan Journal of Environmental & Administrative Law

Environmental controls in the United States are often said to be “technology-based” because the polluter’s duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what distinguishes U.S. environmental law post-1970 from that which preceded it. But technology-based standards have in fact weighed the costs of controlling pollution in unique, often obscure ways, yielding an analysis that defies standardization and basic notions of transparency. Often lumped under an umbrella heading called “feasibility” analysis and justified on the grounds that it avoids many of …

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.

Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure

William & Mary Environmental Law and Policy Review

This Article follows the economic analysis of law as the methodology for analyzing appropriate liability and compensation mechanisms with respect to damages resulting from CO2 storage sites. There are various reasons for employing this approach. One reason is that many have already discussed the design of a liability and compensation scheme for CCS-related damages. But these earlier studies have not yet approached the issue from the angle of an economic analysis of law. The advantage of thismethodology is that attention is paid to the way in which various liability and compensation schemes affect the incentives for prevention of the various …

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.

Adaptive Law In The Anthropocene, Shalanda H. Baker

Chicago-Kent Law Review

The sky has fallen. We are now firmly rooted in a new epoch scientists have named the Anthropocene, where the activities of humans will most certainly negatively impact the trajectory of Earth and its inhabitants. What the Anthropocene fully holds is uncertain, but there are a few clues. The global ecology is shifting. The oceans are dying. The planet is getting hotter and drier, and its storms increasingly volatile.

Amidst this changing climate is evidence of a failed approach to economic development in the Global South. Globally, the poor are becoming poorer. Inequality reigns as the global economy shrinks. This …

Deepwater Drilling: Law, Policy, And Economics Of Firm Organization And Safety, Mark A. Cohen

Vanderbilt Law Review

Nathan Richardson 64 Vand. L. Rev. 1853 (2011) Although the causes of the Deepwater Horizon spill are not yet conclusively identified, significant attention has focused on the safety-related policies and practices-often referred to as the safety culture-of BP and other firms involved in drilling the well. This Article defines and characterizes the economic and policy forces that affect safety culture and identifies reasons why those forces may or may not be adequate or effective from the public's perspective. Two potential justifications for policy intervention are that: (1) not all of the social costs of a spill may be internalized by …

Why Veetc Is Not Enough: Protecting The National Highway Transportation Infrastructure, Stephen Mcdonald

William & Mary Environmental Law and Policy Review

No abstract provided.

Synthesizing Criteria And Accounting For Economic Waste In Environmental Laches, Richard G. Collins

William & Mary Environmental Law and Policy Review

No abstract provided.

Markets For Nature, Barton H. Thompson Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Dealing With A Non-Ergodic World: Institutional Economics, Property Rights, And The Global Environment, Douglass C. North

Duke Environmental Law & Policy Forum

No abstract provided.

The Illegality Of Unilateral Trade Measures To Resolve Trade-Environment Disputes, Kevin C. Kennedy

William & Mary Environmental Law and Policy Review

No abstract provided.

Trends. The Kyoto Protocol: Emissions On Trading Or Purchasing Emissions Rights, Ibpp Editor

International Bulletin of Political Psychology

In this analysis, the author discusses the Kyoto Protocol.

The Promotion And Preservation Of Culture As Part Of Environmental Policy, Nancy Perkins Spyke

William & Mary Environmental Law and Policy Review

No abstract provided.

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …

Risk Regulations And Its Hazards, Stephen F. Williams

Michigan Law Review

A Review of Breaking the Vicious Circle: Toward Effective Risk Regulation by Stephen Breyer

Environmental Litigation And Rule 11, Carl Tobias

William & Mary Law Review

No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, Margaret Bowman, David Hunter

Michigan Journal of International Law

This article surveys the environmental law reforms taking place throughout the region and some of the important issues surrounding these reforms. Two caveats to this approach should be highlighted at the outset. First, information from the region is still somewhat incomplete. Precise translations of laws, in particular, are not always available. This article can provide only a general guide to legislative and regulatory trends in the region and should not form the basis for specific action or decisions. Second, every country in the region is different, with its own complexities. Despite our failure to resist the temptation to generalize about …

Environmental Faust Succumbs To Temptations Of Economic Mephistopheles, Or, Value By Any Other Name Is Preference, Carol M. Rose

Michigan Law Review

A Review of The Economy of the Earth: Philosophy, Law, and the Environment by Mark Sagoff

The Bankruptcy Code And Hazardous Waste Cleanup: An Examination Of The Policy Conflict, Douglas P. Demoss

William & Mary Law Review

No abstract provided.

Economic Theory And Environmental Law, Mark Sagoff

Michigan Law Review

In Part I of this essay, I argue that environmental legislation, at least during the past twenty years, fails to make economic "common sense," that is, it fails to maximize the satisfaction of consumer demand over the long run. Laws like the Endangered Species Act flout this conception of economic efficiency. This is how most Americans would have it: most Americans reject the notion that the natural environment should be made over to serve the wants of the self-interested consumer. Part II describes the way that economists have attempted to take account of citizen or community-regarding preferences. I suggest that …

Economically Responsible Environmental Control, Scott C. Whitney

William & Mary Law Review

No abstract provided.

An Introduction To Environmental Thought: Some Sources And Some Criticisms, Charles J. Meyers

Indiana Law Journal

No abstract provided.

A Comment On Meyers' Introduction To Environmental Thought, A. Dan Tarlock

Indiana Law Journal

No abstract provided.