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The Jurisdynamics of Environmental Protection
On November 1 and 2, 2002, the University of Minnesota Law School and the University of Minnesota''s Consortium on Law and Values in Health, Environment, and the Life Sciences sponsored a symposium in honor of Professor Daniel A. Farber's contributions to environmental law. The resulting symposium, The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, was published in volume 87 of the Minnesota Law Review. The Environmental Law Institute has now combined the proceedings of The Pragmatic Ecologist with additional contributions from many other leading scholars.
The End of Energy
Forty years of energy incompetence: villains, failures of leadership, and missed opportunities. Americans take for granted that when we flip a switch the light will go on, when we turn up the thermostat the room will get warm, and when we pull up to the pump gas will be plentiful and relatively cheap. In The End of Energy, Michael Graetz shows us that we have been living an energy delusion for forty years. Until the 1970s, we produced domestically all the oil we needed to run our power plants, heat our homes, and fuel our cars. Since then, we have had to import most of the oil we use, much of it from the Middle East. And we rely on an even dirtier fuel—coal—to produce half of our electri...
Wet Growth
It is unrealistic and unwise to believe that water law will or should govern land use decisions, or alternatively that land use planning and regulation will or should govern water management. Nonetheless, the initially unsettling question of whether one area of law and policy should control the other provokes discussion and reflection on both why and how we might move toward greater integration of land and water controls. Wet Growth: Should Water Law Control Land Use? was written as a means to disseminate new ideas about the land/water interface in law and policy and provides an overview of the relevant issues, current trends toward integrating land and water controls, and prospects for further progress. The authors of this book describe the nature and costs of our currently fragmented management of land and water resources that results in unsustainable practices and suggest principles that should guide and direct our response to these problems. Although they take differing perspectives, the authors share common, or at least overlapping, observations about the fragmentation and integration of land and water controls.
The State of Nonprofit America
Today, America's nonprofit organizations seem caught in a force field, buffeted by four impulses—voluntarism, professionalism, civic activism, and commercialism. Too little attention, however, has been paid to the significant tensions among these impulses. Understanding this force field and the factors shaping its dynamics thus becomes central to understanding the future of particular organizations and of the nonprofit sector as a whole. In this second edition of an immensely successful volume, Lester Salamon and his colleagues offer an overview of the current state of America's nonprofit sector, examining the forces that are shaping its future and identifying the changes that might be needed. The State of Nonprofit America has been completely revised and updated to reflect changing political realities and the punishing economic climate currently battering the nonprofit sector, which faces significant financial challenges during a time when its services are needed more than ever. The result is a comprehensive analysis of a set of institutions that Alexis de Tocqueville recognized to be "more deserving of our attention" than any other part of the American experiment.
Innovative Congressional Minimum Standards Preemption Statutes
Congress possesses broad regulatory powers, including the power of complete or partial preemption of state and local regulatory powers. Congress rarely enacted preemption statutes before the twentieth century, but since the 1960s such interventions have grown significantly in number, now totaling over seven hundred, and have transformed the nature of the American federal system. In Innovative Congressional Minimum Standards Preemption Statutes, Joseph F. Zimmerman provides the background and history of this critical transformation, classifying the forms these federal interventions have taken, with a focus on statutes dealing with such environmental issues as water and air quality, restoration of surface-mined areas, and still other areas that, collectively, have produced a revolution in relations between Congress and the states. Contrary to public perceptions of preemption being one-sided and heavy-handed, Zimmerman details the many variations present in these statutes that accommodate state and local interests, allowing for administrative and policy flexibility, and a generally cooperative relationship between states and localities and federal administrative agencies.
Greenhouse Governance
"Examines national and international laws and institutions governing human-mediated climate change. Issues examined include public perceptions and economic effects of climate change and policies to mitigate it, renewable electricity standards, vehicle fuel economy standards, cap-and-trade regimes, carbon taxes, and the adaptation-versus-mitigation debate"--Provided by publisher.
Polyphonic Federalism
The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Federalism and the Tug of War Within
As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Yale Law Journal: Volume 124, Number 3 - December 2014
The December 2014 issue of The Yale Law Journal (the 3rd of academic year 2014-2015) features new articles on law and legal theory by internationally recognized scholars. Contents include: • Article, "The Limits of Enumeration," by Richard Primus • Article, "Rules Against Rulification," by Michael Coenen • Feature, "Romanticizing Democracy, Political Fragmentation, and the Decline of American Government," by Richard H. Pildes • Note, "A 'Full and Fair' Discussion of Environmental Impacts in NEPA EISs: The Case for Addressing the Impact of Substantive Regulatory Regimes," by Sarah Langberg • Note, "Civil Servant Suits," by Alex Hemmer • Comment, "Jagged Edges," by Matthew Sipe • Comment, "Essential Data," by Zachary Abrahamson This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. The Dec. 2014 issue is Volume 124, Number 3.
Urban Climate Resilience
This significant book addresses the most important legal issues that cities face when attempting to adapt to the changing climate. This includes how to become more resilient against the impacts of climate change such as sea level rise, increases in the intensity and frequency of storms, floods, droughts, and extreme temperatures.
