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Law's Complexity: A Primer
(Georgia State University Law Review, 2008)
The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its ...
Farms and Ecosystem Services
(Choices, 2008)
Second in my series of articles on farming and environmental policy, this article examines farmland stewardship rhetoric in light of the reality of extensive agricultural exemptions from environmental regulation.
Agriculture and Ecosystem Services: Strategies for State and Local Governments
(N.Y.U. Environmental Law Journal, 2008)
Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at ...
Making Nuisance Ecological
(Case Western Reserve Law Review, 2008)
Common law nuisance doctrine has the reputation of having provided much of the strength and content of environmental law prior to the rise of federal statutory regimes in the 1970s, but since then has taken a back seat to ...
Climate Change and the Endangered Species Act: Building Bridges to the No-Analog Future
(Boston University Law Review, 2008)
This Article examines the challenges global climate change presents for the Endangered Species Act (ESA) and its primary administrative agency, the U.S. Fish and Wildlife Service (FWS). Climate change will reshuffle ...