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This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
This 2009 book examines the theory, law, and reality of preemption choice.
From 1971 to 1985, battles raged over Westway, a multibillion-dollar highway, development, and park project slated for placement in New York City. It would have projected far into the Hudson River, including massive new landfill extending several miles along Manhattan’s Lower West Side. The most expensive highway project ever proposed, Westway also provoked one of the highest stakes legal battles of its day. In Fighting Westway, William W. Buzbee reveals how environmentalists, citizens, their lawyers, and a growing opposition coalition, despite enormous resource disparities, were able to defeat this project supported by presidents, senators, governors, and mayors, much of the business comm...
From 1971 to 1985, battles raged over Westway, a multibillion-dollar highway, development, and park project slated for placement in New York City. It would have projected far into the Hudson River, including massive new landfill extending several miles along Manhattan’s Lower West Side. The most expensive highway project ever proposed, Westway also provoked one of the highest stakes legal battles of its day. In Fighting Westway, William W. Buzbee reveals how environmentalists, citizens, their lawyers, and a growing opposition coalition, despite enormous resource disparities, were able to defeat this project supported by presidents, senators, governors, and mayors, much of the business comm...
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Environmental...
This case book introduces students to fundamentals of environmental law and explains the logic behind the nation's current regulatory and other environmental initiatives. Material is presented primarily through an examination of the major environmental statutes, to stress the factual, scientific, and technical contexts of environmental legislation. This fourth edition integrates place-based approaches to addressing environmental problems, and adds chapter-opening summaries, plus new charts, tables, and problems. Glicksman teaches law at the University of Kansas. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmenta...
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.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Environmental Protection: Law and Policy, respected for its intellectual breadth and depth, is an interdisciplinary overview of Environmental Law, incorporating history, theory, litigation, regulation, policy, science, economics, and ethics. It covers the history of environmental protection; policy o...
Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, lo...