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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,...
Climate Change Litigation in the Asia Pacific
Comprehensively examines the role that litigation can play in galvanizing climate action in the Asia Pacific Region.
The Torts Process
Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern ...
The Torts Process
Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book, practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. The Torts Process, Ninth Editionuses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes...
The Public Life of Private Law
Against the backdrop of contemporary climate change lawsuits, this article presents preliminary research findings regarding a remarkable and underappreciated moment in the common law pre-history of modern environmental, health, and safety regulation. The findings complicate the conventional academic story about the limited capabilities of tort law and its inevitable displacement by more institutionally robust and sophisticated forms of regulation. Part I offers a brief introduction, followed in Part II by a review of existing academic literature on the pros and cons of utilizing tort law as a regulatory device. As will be seen, the consensus view seems to be that tort law is a clumsy and imp...
International Environmental Law
A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.
Comparative Law
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Mining and Energy Law
Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.
Economics of Environmental Law
The economic approach to environmental law and policy has become the dominant framework for analyzing pollution, resource management and many other environmental challenges throughout the world. This two-volume set presents essential articles from both the leading edge of methodological innovation in environmental law and economics and the bedrock of theory upon which all such innovations are built. The editors' extensive introduction contextualizes the selected papers, highlighting the central theoretical and empirical challenges facing future advancement of this discipline. An impressive collection that is indispensable to policymakers, scholars and those with an interest in the developments in this ever-important field.
