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Now showing items 41-50 of 51
The Regulation of Inchoate Technologies
(Houston Law Review, 2010)
In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that ...
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 ...
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 ...
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 ...
Discovering Agreement: Setting Procedural Goals in Legal Negotiation
(Loyola Law Review, 2010)
There are no rules of procedure for legal negotiation. Negotiators have to make them up. The procedures for legal negotiation have to fit the context of each unique case. Moreover, they have to be acceptable to the other ...
The Teaching Function of Patents
(Notre Dame Law Review, 2010)
In theory, a patent serves the public good because the disclosure of the invention brings new ideas and technologies to the public and induces inventive activity. But while these roles inherently depend on the ability of ...
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 Governance
(New York University Environmental Law Journal, 2010)
This article provides a critical missing piece to the global climate change governance puzzle: how to create incentives for the major developing countries to reduce carbon emissions. The major developing countries are ...
Realism, Punishment & Reform
(Chicago Law Review, 2010)
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our ...
Intuitions of Punishment
(University of Chicago Law Review, 2010)
Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. ...