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Now showing items 11-17 of 17
The Fitness of Law: Using Complexity Theory to Describe the Evolution of Law and Society and Its Practical Meaning for Democracy
(Vanderbilt Law Review, 1996)
This article is the second 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 installment (in the Duke Law Journal), ...
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.
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, ...
Oil Pollution Act of 1990: Opening a New Era in Federal and Texas Regulation of Oil Spill Prevention, Containment and Cleanup, and Liability
(South Texas Law Review, 1991)
This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination ...
The Plight of the Passive Past Owner: Defining the Limits of Superfund Liability
(Southwestern Law Journal, 1991)
These days, if you want to stir up high emotions in Congress, statehouses, corporate boardrooms or citizen group meetings, mention the word Superfund. That alias for the Comprehensive Environmental Response, Compensation, ...
The Case of the Speluncean Polluters: Six Themes of Environmental Law, Policy, and Ethics
(Environmental Law, 1997)
Almost as soon as it was invented in the early 1970s, the United States' modern environmental law framework has been the subject of calls for reform. Six divergent reform approaches predominate that debate today, and behind ...