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This book has several groups of potential readers. Students and professors at law schools, undergraduate institutions, and graduate programs such as public policy, urban planning, and environmental studies can use the book instead of a case book or as a supplement to a case book. The material is adequately detailed to provide substantive topics that will fill an entire course or provide a more succinct description of complex issues from case books or professor-prepared readings. Attorneys, policymakers and their staff, and other individuals who encounter energy issues in their work also should find this book to be a useful introduction to the field of energy law and policy as well as a refer...
The number of severe and sometimes catastrophic disruptive events has been rapidly increasing. Extreme weather events including floods, wildfires, hurricanes, and other natural disasters have become both more frequent and more severe, whilst events such as the COVID-19 pandemic represent a global threat to public health with huge economic effects that recovery packages tried to address. These disruptive events, alone and in combination, have dramatic consequences on nature, human life, and the economy, calling for urgent action to mitigate their causes and adapt to their impacts. In response to discourses of collapsology and end-of-growth theories, this monograph offers an analytical approac...
This revised and streamlined Eighth Edition of Cases and Text on Property is smart, compact, and thoughtful. The carefully selected and edited cases and problems give students what they need to learn about Property law in the 21st Century. New to the 8th Edition: Nadav Shoked, Professor of Law at the Pritzker School of Law, Northwestern University, and Hannah Wiseman, Professor of Law and Professor in the College of Earth and Mineral Sciences, Pennsylvania State University join the author team. Their dynamism, intellectual vigor, commitment to students, and interest in recent iterations of property law are reflected in this latest edition. Reflecting new developments as well as a re-examinat...
Authoritative and multidisciplinary in approach, this Research Agenda shapes questions that will underpin future legal and empirical scholarly inquiry on zoning and land use regulation in the US. Building on existing debates and providing a comprehensive overview of the current state of academic research, it identifies the gaps which need addressing in future research.
Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.
The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.
A theoretical and practical analysis of the complex liability issues raised by carbon capture and storage systems for containing greenhouse gases. Carbon capture and storage (CCS) systems inject highly compressed carbon dioxide gas deep into geological formations in order to contain the gas, and its harmful effects on the planet, for the foreseeable future and beyond—for centuries or even millennia. Used effectively, CCS could lessen the impact of climate change while carbon-free energy sources are developed. And yet CCS is not widely deployed. In this book, Michael Faure and Roy Partain offer a theoretical and practical discussion of one of the main obstacles to CCS adoption: complex liab...
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
"Property casebook with clearly marked pedagogy and ample explanatory text for law school students enrolled in Property courses"--
We often hear that there is no way out of the modern economic and political tensions that fall along geographic lines. The media regularly declares that rural America is dying and that rural voters are driven only by anger. This narrative of hopelessness centers on the role that markets have played in abandoning rural regions and populations. In Reviving Rural America, Ann M. Eisenberg analyzes our society's laws and policies' role in the urban/rural divide to make the case for hope. She demonstrates how law and policy, as well as decision-makers acting on their own subjective values, have contributed to modern rural challenges. Each chapter debunks a common myth about rural people, places, and policies, helping reveal how we got to where we are now. Ultimately calling for our laws and policies to steward rural America holistically, as a collective resource for all, this book envisions an alternative, more resilient and more just future.