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The Endangered Species Act
This text describes ESA legal controversies and emerging case law, proposed agency reforms and the competing perspectives of interest groups.
Property Rights and Sustainability
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
The Right of Nonuse
The Right of Nonuse provides a fresh and remarkably different perspective on the real causes of the ills plaguing the world's resources and environment. It re-examines the very nature of nature, and from this new perspective, argues that what is needed is for humans to grant to natural resources a legal right to be left alone - a right of nonuse. In the process, it explores the following questions: Why do natural resources continue to be depleted and removed at an alarming rate? Why are species becoming extinct at a pace that may be unprecedented? Why does the environment continue to be polluted? Why do the weather and climate seem to be changing? Perhaps most important, why have laws, legal...
The Law of Complex Earth and Outer Space Systems
This book offers a paradigm-shifting exploration of lawmaking for the complex interactions between Earth systems and outer space. Drawing on complex systems science, posthuman approaches, and plural ontologies, the author proposes a reimagining of law and governance for the cosmic age. Through the “cosmolegal” perspective, this study embraces the inherent uncertainties and complexities of Earth-space interactions. From Arctic methane craters to orbital debris, the book weaves together scientific insights, landscape architecture, legal theory, and doctrine to address pressing environmental challenges that span Earth and beyond. While legal scholarship has increasingly engaged with Earth S...
The Law and Policy of Ecosystem Services
The Law and Policy of Ecosystem Services is the first comprehensive exploration of the status and future of natural capital and ecosystem services in American law and policy. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem service economy that is as robust as existing economies for manufactured goods, natural resource commodities, and human-provided services. The book examines the geographic, ecological, and economic context of ecosystem services and provides a baseline of the current status of ecosystem ...
Complex Copyright
This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.
Liability of Corporate Groups and Networks
Discusses the nature of corporate groups and networks, and provides arguments for rules extending liability beyond insolvent entities.
Time and Environmental Law
Through the lens of time, the book critiques environmental law and recommends ways to enable it to respond to nature's time scales.
Climate Change and Indigenous Peoples
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume...
The Law and Ecology of Pesticides and Pest Management
Although concerns over the ecological impacts of pesticides gave rise to the environmental movement of the late 1960s and 1970s, since that time, pesticide use and its effects have been largely ignored by the law and by legal scholars. This book addresses this omission by providing a unique and serious treatment of the significance of pesticide issues in environmental law and takes an ecological perspective on the legal issues. Dealing with a wide range of questions relating to pests and pesticides, the book focuses primarily on agricultural pesticide use as the largest contaminator in the US. It also examines the legacy of past pesticide use and analyzes how recent developments in ecological science can inform the law and increase our understanding of ecology. Interdisciplinary in its approach, the book will be of interest to academics, lawyers, scientists and environmental and agricultural professionals.
