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The Specter of Dictatorship
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance ...
Beyond Environmental Law
This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.
Environmental Law
Environmental Law: A Conceptual and Pragmatic Approach, 3E organizes its presentation of environmental law around key concepts rather than around statutes, an approach that provides coherence to the study of Environmental Law. In addition, it also orients students in a way that will allow them to become effective practitioners, well acquainted with the central recurring problems in the field. Though the book focuses primarily on pollution control law, it does include a chapter on environmental restoration as well as some treatment of NEPA and the ESA. The book s numerous problems involving global climate disruption give students the opportunity to practice applying the book s concepts and particular statutory provisions to the most important contemporary issue, while allowing them to understand how a single scientific problem can implicate numerous statutes.
The Oxford Handbook of International Environmental Law
Taking stock of all the major developments in the field of international environmental law, this text explores core assumptions and concepts, basic analytical tools and key challenges.
Regulating from Nowhere
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed,...
The Rule of Five
Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict...
The Economic Dynamics of Law
This book offers a dynamic theory of law and economics focused on change over time, aimed at avoiding significant systemic risks (like financial crises and climate disruption) and implemented through a systematic analysis of law's economic incentives and how people actually respond to them. This theory offers a new vision of law as fundamentally a macro-level enterprise establishing normative commitments and a framework for numerous private transactions, rather than as an analogue to a market transaction. It explains how neoclassical law and economics sparked decades of deregulation culminating in the 2008 financial collapse. It then shows how economic dynamic theory helps scholars and policymakers make wise choices about how to avoid future catastrophes while keeping open a robust set of economic opportunities, with individual chapters addressing the law and economics of financial regulation, contract, property, intellectual property, antitrust, national security and climate disruption.
Climate Change Law
Softbound - New, softbound print book.
Economic Thought and U.S. Climate Change Policy
Experts examine how reliance on free markets contributed to the U.S. failure to address climate change and offer recommendations for new ideas to guide policy. The United States, once a world leader in addressing international environmental challenges, became a vigorous opponent of action on climate change over the past two decades, repudiating regulation and promoting only ineffectual voluntary actions to meet a growing global threat. Why has the United States failed so utterly to address the most pressing environmental issue of the age? This book argues that the failure arose from an unyielding ideological stance that embraced free markets and viewed government action as anathema. The most...
Stumbling Toward Sustainability
In 1992, at the United Nations Conference on Environment and Development in Rio de Janeiro, the nations of the world agreed to implement an ambitious plan for ecologically sustainable human development. This book is a comprehensive review of U.S. efforts to achieve such development since Rio. The U.S. has unquestionably begun to take steps toward sustainable development. Yet the nation is now far from being a sustainable society, and in many respects is farther away than it was in 1992. Nevertheless, legal and policy tools are available to put the U.S. on a direct path to sustainability. This book brings together 42 distinguished experts from a variety of backgrounds and academic disciplines. It is among the most thorough assessments ever conducted of U.S. law and policy concerning the environment.
