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The Pardy-Ruhl Dialogue on Ecosystem Management, Part IV: Narrowing and Sharpening the Questions
(Pace Environmental Law Review, 2007)
This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, ...
Reconstructing the Wall of Virtue: Maxims for the Co-Evolution of Environmental Law and Environmental Science
(Environmental Law, 2007)
Much has been written lately in legal scholarship about the role of science in policy and the role of policy in science - and perhaps in no field of law has more been said about them than environmental law. Yet asking the ...
The Law and Policy Beginnings of Ecosystem Services
(Journal of Land Use & Environmental Law, 2007)
Over the past decade, there has been an explosion of interest in ecosystem services from scientists, economists, government officials, entrepreneurs, and the media. This article traces the development of the ecosystem ...
The "Background Principles" of Natural Capital and Ecosystem Services--Did Lucas Open Pandora's Box?
(Land Use & Environmental Law, 2007)
In his majority opinion in Lucas v. South Carolina Coastal Council, Justice Scalia established the relevant background principles of state property law as the reference point for testing whether public regulation or private ...