Search
Now showing items 1-10 of 17
Biodiversity Conservation and the Ever-Expanding Web of Federal Laws Regulating Nonfederal Lands: Time for Something Completely Different
(University of Colorado Law Review, 1995)
This article offers an early examination of the law and governance of biodiversity (circa 1995) through the lenses of the Endangered Species Act, Clean Water Act, and Coastal Zone Management. It suggests that true multi-scalar, ...
Who Needs Congress? An Agenda for Administrative Reform of the Endangered Species Act
(N.Y.U. Environmental Law Journal, 1998)
This article comprehensively examines the history and content of the numerous administrative reforms of the Endangered Species Act program carried out under the tenure of Department of the Interior Secretary Bruce Babbitt. ...
Thinking of Mediation As a Complex Adaptive System
(Brigham Young University Law Review, 1997)
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in ...
Sustainable Development: A Five-Dimensional Algorithm for Environmental Law
(Stanford Environmental Law Journal, 1999)
This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand ...
The Metrics of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up
(Notre Dame Law Review, 1999)
This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the ...
Section 7(a)(1) of the "New" Endangered Species Act: Rediscovering and Redefining the Untapped Power of Federal Agencies' Duty to Conserve Species
(Environmental Law, 1995)
This article probes the history, meaning, and potential applications of section 7(a)(1) of the Endangered Species Act, which by its terms imposes a "duty to conserve" on all federal agencies. The article examines how ...
The Seven Degrees of Relevance: Why Should Real-World Environmental Attorneys Care Now About Sustainable Development Policy?
(Duke Environmental Law & Policy Forum, 1998)
This article explores the evolution of the concept of "sustainable development" through what I suggest are the "seven degrees" of relevance of legal conceptualizations: (1) translation of concept into norm; (2) uncontestability ...
Taming the Suburban Amoeba in the Ecosystem Age: Some Do's and Don'ts
(Widener Law Symposium Journal, 1998)
Urban central cities present a host of environmental problems including, but not limited to, industrial pollution, brownfields, smog, and environmental injustice. Rural and agricultural areas also experience environmental ...
Regional Habitat Conservation Planning Under the Endangered Species Act: Pushing the Legal and Practical Limits of Species Protection
(Southwestern Law Journal, 1991)
To many, the ESA is the epitome of an anti-growth agenda, seemingly used as a pretext for stopping development rather than for the ostensible purpose of species protection. To its staunch supporters, however, the ESA ...
The Arrow of the Law in Modern Administrative States: Using Complexity Theory to Reveal the Diminishing Returns and Increasing Risks the Burgeoning of Law Poses to Society
(University of California at Davis Law Review, 1997)
This article is the third in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first two installments (in the Duke and Vanderbilt ...