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Now showing items 1-10 of 21
Managing Systemic Risk in Legal Systems
(Indiana Law Journal, 2014)
The American legal system has proven remarkably robust even in the face vast and often tumultuous political, social, economic, and technological change. Yet our system of law is not unlike other complex social, biological, ...
Adaptive Management in the Courts
(Minnesota Law Review, 2010)
Adaptive management has become the tonic of natural resources policy. With its core idea of "learning while doing," adaptive management has infused the natural resources policy world to the point of ubiquity, surfacing in ...
Governing for Sustainable Coasts: Complexity, Climate Change, and Coastal Ecosystem Protection
(Sustainability, 2010)
The world’s coastal ecosystems are among the most complex on Earth, and they
are currently being governed unsustainably, by any definition. Climate change will only
add to this complexity, underscoring the necessity of ...
Climate Change, Dead Zones, and Massive Problems in the Administrative State: A Guide for Whittling Away
(California Law Review, 2010)
Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such ...
The Endangered Species Act's Fall from Grace in the Supreme Court
(Harvard Environmental Law Review, 2012)
Thirty-five years ago, the Endangered Species Act ("ESA") had as auspicious a debut in the U.S. Supreme Court as any statute could hope for. In Tennessee Valley Authority v. Hill, a majority of the Court proclaimed that ...
The Political Economy of Climate Change Winners
(Minnesota Law Review, 2012)
Many people and businesses in the United States stand to receive market and nonmarket benefits from climate change as it moves forward over the next 100 years. Speaking of climate change benefits is not for polite 'green' ...
Ecosystem Services and the Clean Water Act: Strategies for Fitting New Science into Old Law
(Environmental Law, 2010)
This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II ...
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?
(Florida Law Review, 2012)
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
Climate Change Adaptation and the Structural Transformation of Environmental Law
(Environmental Law, 2010)
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State
(Vanderbilt Law Review, 2011)
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...