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Social and Behavioral Sciences Commons™
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- Contributions to Books (1)
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- Donald J. Kochan (1)
- Errol Meidinger (1)
- Faculty & Staff Scholarship (1)
- Librarian Scholarship at Penn Law (1)
- Libraries Faculty and Staff Scholarship and Research (1)
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- Robin L Turner (1)
- Scholarship and Professional Work - LAS (1)
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- Theses and Dissertations in Urban Services - Urban Management (1)
- Washington and Lee Journal of Energy, Climate, and the Environment (1)
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Articles 1 - 18 of 18
Full-Text Articles in Social and Behavioral Sciences
Why Aim Law Toward Human Survival, John William Draper
Why Aim Law Toward Human Survival, John William Draper
Librarian Scholarship at Penn Law
Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.
If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.
There is no better choice. You and all your relatives have rights. The …
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
On Environmental, Climate Change & National Security Law, Mark P. Nevitt
All Faculty Scholarship
This Article offers a new way to think about climate change. Two new climate change assessments — the 2018 Fourth National Climate Assessment (NCA) and the United Nations Intergovernmental Panel’s Special Report on Climate Change — prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change a “super wicked” environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement …
Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado
Mother Nature, Lady Justice: Ecofeminism And Judicial Decision-Making, Jonathan Alexis Picado
Open Access Theses & Dissertations
Ecofeminism offers a feminist perspective that links gender to how humans relate to the natural world. As such, this framework explores the connections between the oppression of nature and the oppression of women, such as widespread views that both women and nature are property, are to be dominated, and are most valuable when cultivated and curated by men. I apply this philosophical and sociological framework to judicial decision-making, where women judges should view environmental issues as women's issues and thus be more likely to vote in favor of the environmental protections relative to her male peers. I evaluate this theory …
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
All Faculty Scholarship
Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Errol Meidinger
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic
Inquiry Into The Implementation Of Bush’S Executive Order 13211 And The Impact On Environmental And Public Health Regulation, Elizabeth Ann Glass Geltman, Gunwant Gill, Miriam Jovanovic
Publications and Research
Executive Order 13211, promulgated in 2001, requires the federal government to consider the impact of federal action on energy independence as part of the George W. Bush’s National Energy Policy. This law review examines whether EO 13211 was used to curtail environmental protection and natural resource conservation. The article begins with a review of the procedure required of federal agencies under EO 13211 and its associated documents. The paper then examines case law and published federal rulemaking proceedings and examines how federal agencies apply tests to evaluate the potential energy effect. The study concludes that EO 13211 strikes a reasonable …
Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu
Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu
Robin L Turner
We review the literature published in academic, non-law journals on environmental justice and environmental racism, focusing on the literature relevant to the environmental justice movement in the United States. In the overview we define major concepts: environment, justice, race and racism. We discuss major trends in the literature and in the movement and current issues and debates, including risk assessment, GIS mapping, and community-based research and campaigns. Annotations are provided for over 100 publications. We also include a table of GIS based studies and findings, a list of publications and dissertations not summarized, and a list of special issues and …
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
Donald J. Kochan
Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …
Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris
Vulnerability And Power In The Age Of The Anthropocene, Angela P. Harris
Washington and Lee Journal of Energy, Climate, and the Environment
Feminist legal theorist Martha Fineman has suggested that recognition of universal human “vulnerability” should be the starting point for thinking about the state’s obligations to its citizens. This Article argues that Fineman’s concept of vulnerability is valuable for situating political and legal theory within a concern for the natural world. We live in what some scientists have dubbed the Anthropocene—an age in which our collective behavior has serious implications for the flourishing of all life on earth. The concept of “ecological vulnerability” recognizes that humans are vulnerable not only because they age, become ill, and die, but because their survival …
Judicial Behavior And Litigant Success In Environmental Cases At The United States Court Of Appeals, Elizabeth Wheat
Judicial Behavior And Litigant Success In Environmental Cases At The United States Court Of Appeals, Elizabeth Wheat
Dissertations
This dissertation tests the legal model of judicial behavior and uses party capability, or litigant resource, theory to explain litigant success in the Court of Appeals for environmental cases and help understand the role litigant type and resources play. Environmental law has received little attention in judicial politics, and I examine which judicial behavior model explains case outcomes. The legal model argues case characteristics best explain judicial outcomes, whereas litigant resource theory posits judicial a litigant’s resources, or lack thereof, explain outcomes.
Galanter’s (1974) party capability theory focuses on advantages repeat players, the “haves,” possess and how these advantages enable …
Mining, Uranium, Bert Chapman
Mining, Uranium, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of uranium mining's role and influence in the American West with comparative information on uranium mining in foreign countries.
May It Please The Environment?: A Study Of The Role Regional Location Plays In Influencing Federal Court Decisions On Fossil Fuel Cases, Stephen Perrott
May It Please The Environment?: A Study Of The Role Regional Location Plays In Influencing Federal Court Decisions On Fossil Fuel Cases, Stephen Perrott
Senior Independent Study Theses
No abstract provided.
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger
Contributions to Books
Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.
This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …
Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu
Environmental Justice And Environmental Racism: An Annotated Bibliography And General Overview, Focusing On U.S. Literature, 1996-2002, Robin L. Turner, Diana Pei Wu
Scholarship and Professional Work - LAS
We review the literature published in academic, non-law journals on environmental justice and environmental racism, focusing on the literature relevant to the environmental justice movement in the United States. In the overview we define major concepts: environment, justice, race and racism. We discuss major trends in the literature and in the movement and current issues and debates, including risk assessment, GIS mapping, and community-based research and campaigns. Annotations are provided for over 100 publications. We also include a table of GIS based studies and findings, a list of publications and dissertations not summarized, and a list of special issues and …
International Environmental Regimes And Latin America : The Role Of Environmental Non-Governmental Organizations, Jennifer T. Eller
International Environmental Regimes And Latin America : The Role Of Environmental Non-Governmental Organizations, Jennifer T. Eller
Dissertations and Theses
This study analyzes the obstacles to environmental policymaking in Latin America such as the poverty crisis, the North/South conflict and political corruption. These obstacles result in weak government institutions and create an opportunity for other actors to wield greater influence in the policymaking process.
This paper evaluates the effectiveness of environmental agreements such as debt-for-nature swaps. Debt-for-nature swaps emerged as a solution to the conundrum of the debt crisis and environmental degradation. The cases of Bolivia, Costa Rica and Ecuador illustrate the tensions between development and environmental degradation. The most important lesson learned from these swaps is that the support …
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
The Legislative Process In The Virginia General Assembly: Ten Case Studies Of Environmental Legislation Proposed By Hampton Roads Cities, Betty Jean Meyer
Theses and Dissertations in Urban Services - Urban Management
This study addresses the following two questions: (1) How does the Virginia General Assembly process bills which are proposed by local governments in Virginia? and (2) Are there identifiable factors in this legislative process which could be impacted by local governments to influence legislative outcomes? These questions are addressed by focusing on ten case studies of environmental issues contained in legislative proposals of six cities in Hampton Roads Virginia for the 1987, 1988, and 1989 sessions of the General Assembly. The case data were compiled from records of the General Assembly, media accounts, and interviews with 19 legislators and other …
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Promoting Economic Incentives For Environmental Protection In The Surface Mining Control And Reclamation Act Of 1977: An Analysis Of The Design And Implementation Of Reclamation Performance Bonds, Barbara Webber, David Webber
Faculty & Staff Scholarship
No abstract provided.