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Risk Regulation at Risk
In the 1960s and 1970s, Congress enacted a vast body of legislation to protect the environment and individual health and safety. Collectively, this legislation is known as “risk regulation” because it addresses the risk of harm that technology creates for individuals and the environment. In the last two decades, this legislation has come under increasing attack by critics who employ utilitarian philosophy and cost-benefit analysis. The defenders of this body of risk regulation, by contrast, have lacked a similar unifying theory. In this book, the authors propose that the American tradition of philosophical pragmatism fills this vacuum. They argue that pragmatism offers a better method fo...
Reorganizing Government
A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-d...
The Role of Government in Water Markets
While water is an increasingly scarce resource, most existing methods to allocate it are neither economically nor environmentally efficient. In these circumstances, water markets offer developed countries a form of regulatory response capable of overcoming many of the shortcomings of current water management. The debate on water markets is, however, a polarized one. This is mostly a result of the misunderstanding of the roles played by governments in water markets. Proponents mistakenly portrayed them as leaving governments, for the most part, out of the picture. Opponents, in turn, understand commodification of water and administration by public agencies as incompatible. Casado Pérez argue...
He Shall Not Pass This Way Again
After a successful career as a law professor and government regulator, William O. Douglas was appointed to the Supreme Court by Franklin D. Roosevelt in 1939. During his thirty-six years on the court, he became known as one of its most outspoken and controversial members. In this volume, which was originally published for the William O. Douglas Institute, distinguished scholars examine four major aspects of Justice Douglas's work: his relations with his colleagues; his views on civil liberties, which primarily led to his reputation as a liberal; his stance as an environmentalist; and his views as an internationalist.
Beyond Deportation
The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to b...
The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain
Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. Th...
The Expanding Spaces of Law
The Expanding Spaces of Law presents readers with cutting-edge scholarship in legal geography. An invaluable resource for those new to this line of scholarship, the book also pushes the boundaries of legal geography, reinvigorating previous modes of inquiry and investigating new directions. It guides scholars interested in the law–space–power nexus to underexplored empirical sites and to novel theoretical and disciplinary resources. Finally, The Expanding Spaces of Law asks readers to think about the temporality and dynamism of legal spaces.
Thirteen Cracks
America’s founders feared a president like Donald Trump. Through the Constitution and the Bill of Rights, they erected a fortified but constrained government to secure the benchmarks of our democracy and established the guardrails designed to protect it. But Trump pushed almost every one of the Framers’ safeguards to its limit—most held, but some broke under the weight of presidential abuses even the Framers did not foresee. Thirteen Cracks will be the first book to expose the most vulnerable areas in our democracy, explain in historical context how President Trump uniquely and outrageously exploited these weak spots, and propose a fix for each challenge. Historian Allen J. Lichtman argues that Trump has put us at a pivot point in our history, where the survival of American democracy is at stake. But this is also an historic opportunity to shore up the vulnerabilities and to strengthen our democracy.
The Law and Policy of Environmental Federalism
How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Pluralism by the Rules
Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches. Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible ...
