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Now showing items 351-360 of 443
Reconceptualizing the Burden of Proof
(Yale Law Journal, 2013)
The preponderance standard is conventionally described as an absolute probability threshold of 0.5. This Essay argues that this absolute characterization of the burden of proof is wrong. Rather than focusing on an absolute ...
Agencies Running from Agency Discretion
(William & Mary Law Review, 2016)
Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered ...
Ecosystem Services and Federal Public Lands: Start-up Policy Questions and Research Needs
(Duke Environmental Law & Policy Forum, 2010)
This Essay, based on a presentation at Duke Law School’s 2009 symposium, Next Generation Conservation: The Government's Role in Emerging Ecosystem Service Markets, briefly examines the emerging policy front of ecosystem ...
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' ...
The Law of War in the War Against Terrorism
(Loyola University Chicago International Law Review, 2011)
The struggle to define the contours of the legal regime and to correctly communicate those expectations to the broader audience of civilians is a recurring problem that is integrally related to the current evolution of ...
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 ...
A Former Treasury Adviser On How to Really Fix Wall Street
(The New Republic, 2011)
Any serious program for Wall Street reform should start with two words: “term out.” “Terming out” is a financial term of art, but its meaning is easily grasped. It simply means funding your business with long-term financing ...
Public Entrenchment through Private Law: Binding Local Governments
(University of chicago Law Review, 2011)
Anti-entrenchment rules prevent governments from passing unrepealable legislation and ensure that subsequent governments are free to revisit the policy choices of the past. However, governments — and local governments in ...
Designing Administrative Law for Adaptive Management
(Vanderbilt Law Review, 2014)
Administrative law needs to adapt to adaptive management. Adaptive management is a structured decision-making method the core of which is a multi-step iterative process for adjusting management measures to changing ...