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This book examines lawsuits over climate change that have been brought around the world. It can serve as a resource for those interested in the problem of climate change and in the role that courts are playing in climate regulation. The chapters analyze examples of cases in state, national, and international tribunals, as well as this litigation's broader significance.
This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.
The Endangered Species Act (ESA) may be the most powerful environmental law in the United States. Enacted in 1973, the ESA prohibits any actions that may cause harm to endangered plants and animals or the ecosystems upon which they depend. But although more than 1,200 species are protected under the Act, most remain in peril. The ESA may have saved some species from the brink of extinction, but there is little evidence it is working as intended to recover endangered and threatened species. In some cases, the Act's extensive regulatory requirements may actually discourage conservation efforts. In Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Jonathan H. Adler leads a ...
"Concepts are thought categories through which we apprehend the world; they enable, but also constrain, reasoning and debate and serve as building blocks for more elaborate arguments. This book traces the links between conceptual innovation in the environmental sphere and the evolution of environmental policy and discourse. It offers both a broad framework for examining the emergence, evolution, and effects of policy concepts and a detailed analysis of eleven influential environmental concepts. In recent decades, conceptual evolution has been particularly notable in environmental governance, as new problems have emerged and as environmental issues have increasingly intersected with other are...
Why did it take so long for American law schools to start teaching about climate change? Although most environmental law professors were aware of climate change by 1990, it took nearly fifteen years for them to incorporate the topic into their curriculum. In her innovative new work, Kimberly K. Smith explores how American environmental law professors have addressed climate change, identifying the barriers they faced, how they overcame them, and how they created “climate law” as a domain of legal specialization. Making Climate Lawyers explores the history of why American law schools were resistant to teaching about climate change and how that changed over the course of a forty-year period...
The first book to focus on the legal aspects of climate engineering, making recommendations for future laws and governance.
In Uniting America, some of the country’s most prominent social thinkers—among them Francis Fukuyama, Daniel Yankelovich, Amitai Etzioni, Alan Wolfe, Uwe Reinhardt, and Thomas E. Mann—reject the myth of polarization. On topics ranging from the war on terrorism, health care, economic policy, and Social Security to religion, diversity, and immigration, the authors argue that there are sensible, centrist solutions that are more in keeping with prevailing public sentiment and that would better serve the national interest. On issue after issue, the authors show how the conventional framing of the debate in Washington has misled Americans, creating a series of false dilemmas and forcing choices between two extremes—at the expense of more balanced and pragmatic policy solutions based on enduring American values. Uniting America provides a blueprint for a fresh approach to American politics, grounded in moderation, pragmatism, and the shared values that unite Americans.
This book traces the history of threats to species and habitat in California, from the time of the Gold Rush to the present. The author shows how, over the course of more than a century, scientists and conservationists came to view the fates of endangered species as dependent on the ecological conditions and human activities in the places where those species lived. The story begins with the tale of the state's extinct mascot, the California grizzly, and the conservation movements and laws that followed its disappearance. The second half of the book focuses on four high-profile endangered species: the California condor, the desert tortoise, the San Joaquin kit fox, and the Delta smelt. The author offers an account of how Americans developed a civil system in which imperiled species serve as proxies for broader conflicts about the politics of place. The book concludes that the challenge for conservationists in the twenty-first century will be to expand habitat conservation beyond protected wildlands to build more diverse and sustainable landscapes.
Theory and case studies demonstrate the analytic potential of mutually constitutive “narrative networks” in environmental governance.