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Now showing items 51-60 of 74
The Myth of What is Inevitable Under Ecosystem Management: A Response to Pardy
(Pace Environmental Law Review, 2004)
This article, second in a five-part dialogue appearing in the Pace ELR, responds to Professor Bruce Pardy's initial evaluation of ecosystem management. I defend ecosystem management, arguing it is not directed at changing ...
Manifesto for the Radical Middle
(Idaho Law Review, 2002)
This article advocates an active, concerted strategy for staking out the middle ground in environmental policy. The middle ground - the domain of "middle of the roaders" - has conventionally been defined by compromise, and ...
Complexity Theory as a Paradigm for the Dynamical Law-and-Society System: A Wake-up Call for Legal Reductionism and the Modern Administrative State
(Duke Law Journal, 1996)
This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions ...
The Endangered Species Act and Private Property: A Matter of Timing and Location
(Cornell Journal of Law and Public Policy, 1998)
This article examines some of the perverse consequences of the structure of the Endangered Species Act, namely that it deters property owners from conserving threatened species and lacks proactive measures.
Integrating Ecosystem Services into Environmental Law: A Case Study of Wetlands Mitigation Banking
(Stanford Envir4onmental Law Journal, 2001)
This article argues that Section 404 of the Clean Water Act provides ample statutory authority for the Corps of Engineers and EPA to integrate ecosystem service values and impacts into wetlands impact and mitigation decisions.
Currencies and the Commodification of Environmental Law
(Stanford Law Review, 2000)
The success of several environmental trading markets (ETMs) has led to proposals for broader use of ETMs in environmental and resource management policy. The successful ETMs all share a basic feature-they exchange units ...
Taking Adaptive Management Seriously: A Case Study of the Endangered Species Act
(Kansas Law Review, 2004)
If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative ...
In Defense of Regulatory Peer Review
(Washington University Law Review, 2006)
The debate over application of peer review to the regulatory decisions of administrative agencies has heated up in the last year. Part of the larger and controversial sound science movement, mandating peer review for certain ...
The Co-Evolution of Sustainable Development and Environmental Justice: Cooperation, Then Competition, Then Conflict
(Duke Environmental Law & Policy Forum, 1999)
This article explores sustainable development and environmental justice as potentially conflicting policy goals. Sustainable development includes equity as one of its five dimensions (in addition to environment, economy, ...
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 ...