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Author: Douglas A. Kysar
Publisher: Yale University Press
ISBN: 0300163304
Category : Law
Languages : en
Pages : 332
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Book Description
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Author: Douglas A. Kysar
Publisher: Yale University Press
ISBN: 0300163304
Category : Law
Languages : en
Pages : 332
Get Book Here
Book Description
Drawing insight from a diverse array of sources -- including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies -- Douglas Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, and other forms of life. Indeed, world governments struggle to address climate change and other pressing environmental issues in large part because dominant methods of policy analysis obscure the central reasons for acting to ensure environmental sustainability. To compensate for these shortcomings, Kysar first offers a novel defense of the precautionary principle and other commonly misunderstood features of environmental law and policy. He then concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we "can" afford.
Author: Marian Chertow
Publisher: Yale University Press
ISBN: 9780300073034
Category : Political Science
Languages : en
Pages : 292
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Book Description
Twenty-five years ago, the Cuyahoga River in Ohio was so contaminated that it caught fire, air pollution in some cities was thick enough to taste, and environmental laws focused on the obvious enemy: large American factories with belching smokestacks and pipes gushing wastes. Federal legislation has succeeded in providing cleaner air and water, but we now confront a different set of environmental problems--less visible and more subtle. This important book offers thought-provoking ideas on how America can respond to changing public health and ecological risks and create sound environmental policy for the future. The innovative thinkers of the Next Generation Project of the Yale Center for Environmental Law and Policy--experts from business, government, nongovernmental organizations, and academia--propose reforms that balance environmental efforts with other public needs and issues. They call for new foundations for environmental law and policy, adoption of a more diverse set of policy tools and strategies (economic incentives, ecolabels), and new connections between critical sectors (agriculture, energy, transportation, service providers) and environmental policy. Future progress must involve not only officials from the U.S. Environmental Protection Agency and state environmental protection departments, say the authors, but also decision-makers as diverse as mayors, farmers, energy company executives, and delivery route planners. To be effective, next-generation policy-making will view environmental challenges comprehensively, connect academic theory with practical policy, and bridge the gaps that have caused recent policy debates to break down in rancor. This book begins the process of accomplishing these challenging goals.
Author: Walter Mattli
Publisher: Princeton University Press
ISBN: 9780691139616
Category : Business & Economics
Languages : en
Pages : 316
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Book Description
"Regulation by public and private organizations can be hijacked by special interests or small groups of powerful firms, and nowhere is this easier than at the global level ... This is the first book to examine systematically how and why such hijacking or 'regulatory capture' happens, and how it can be averted."--P. [iv] of cover.
Author: Mark Kelman
Publisher: Oxford University Press
ISBN: 0199842469
Category : Law
Languages : en
Pages : 336
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Book Description
All of us use heuristics--that is, we reach conclusions using shorthand cues without using or analyzing all of the available information. Heuristics pervade all aspects of life, from the most mundane practices to more important ones, like economic decision making and politics. People may decide how fast to drive merely by mimicking others around them or decide in which safety project to invest public resources based on the past disasters most readily called to mind. Not surprisingly, opinions vary about our tendency to use heuristics. The 'heuristics and biases' school argues that the practice often leads to outcomes that are not ideal: people act on too little information, make incorrect assumptions, and don't understand the consequences of their actions. The 'fast and frugal' school contends that while mistakes will inevitably occur, the benefits generally outweigh the costs--not only because using heuristics enables us to reach judgments given realistic constraints of time and attention, but because heuristics users often outperform those using more conventionally rational methods. In The Heuristics Debate, Mark Kelman takes a step back from the chaos of competing academic debates to consider what we have learned--and still need to learn--about the way people actually make decisions. In doing so, Kelman uncovers a powerful tool for understanding the relationship between human reasoning and public policy. Can we figure out more optimal modes of disclosure to consumers or better rules of evidence and jury instructions if we understand more accurately how people process information? Can we figure out how best to increase compliance with law if we understand how people make decisions about whether or not to comply? Alongside a penetrating analysis of the various schools of thought on heuristics, Kelman offers a comprehensive account of how distinct conceptions of the role and nature of heuristic reasoning shape--and misshape--law and policy in America. The Heuristics Debate is a groundbreaking work that will change how we think about the relationship between human psychology, the law, and public policy.
Author: Zygmunt Jan Broel Plater
Publisher: Yale University Press
ISBN: 0300195265
Category : Law
Languages : en
Pages : 516
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Book Description
DIVEven today, thirty years after the legal battles to save the endangered snail darter, the little fish that blocked completion of a TVA dam is still invoked as an icon of leftist extremism and governmental foolishness. In this eye-opening book, the lawyer who with his students fought and won the Supreme Court case—known officially as Tennessee Valley Authority v. Hill—tells the hidden story behind one of the nation’s most significant environmental law battles. /divDIV The realities of the darter’s case, Plater asserts, have been consistently mischaracterized in politics and the media. This book offers a detailed account of the six-year crusade against a pork-barrel project that made no economic sense and was flawed from the start. In reality TVA’s project was designed for recreation and real estate development. And at the heart of the little group fighting the project in the courts and Congress were family farmers trying to save their homes and farms, most of which were to be resold in a corporate land development scheme. Plater’s gripping tale of citizens navigating the tangled corridors of national power stimulates important questions about our nation’s governance, and at last sets the snail darter’s record straight. /div
Author: James Hammit
Publisher: Routledge
ISBN: 1136522557
Category : Law
Languages : en
Pages : 602
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Book Description
The 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.
Author: John Braithwaite
Publisher: Cambridge University Press
ISBN: 9780521780339
Category : Business & Economics
Languages : en
Pages : 194
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Book Description
How has the regulation of business shifted from national to global institutions? What are the mechanisms of globalization? Who are the key actors? What of democratic sovereignty? In which cases has globalization been successfully resisted? These questions are confronted across an amazing sweep of the critical areas of business regulation--from contract, intellectual property and corporations law, to trade, telecommunications, labor standards, drugs, food, transport and environment. This book examines the role played by global institutions such as the World Trade Organization, World Health Organization, the OECD, IMF, Moodys and the World Bank, as well as various NGOs and significant individuals. Incorporating both history and analysis, Global Business Regulation will become the standard reference for readers in business, law, politics, and international relations.
Author: Jonathan Z. Cannon
Publisher: Harvard University Press
ISBN: 0674425987
Category : Law
Languages : en
Pages : 385
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Book Description
The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.
Author: Jerome J. Schultz
Publisher: John Wiley & Sons
ISBN: 1118091736
Category : Education
Languages : en
Pages : 343
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Book Description
A new approach to help kids with ADHD and LD succeed in and outside the classroom This groundbreaking book addresses the consequences of the unabated stress associated with Learning disabilities and ADHD and the toxic, deleterious impact of this stress on kids' academic learning, social skills, behavior, and efficient brain functioning. Schultz draws upon three decades of work as a neuropsychologist, teacher educator, and school consultant to address this gap. This book can help change the way parents and teachers think about why kids with LD and ADHD find school and homework so toxic. It will also offer an abundant supply of practical, understandable strategies that have been shown to reduce stress at school and at home. Offers a new way to look at why kids with ADHD/LD struggle at school Provides effective strategies to reduce stress in kids with ADHD and LD Includes helpful rating scales, checklists, and printable charts to use at school and home This important resource is written by a faculty member of Harvard Medical School in the Department of Psychiatry and former classroom teacher.
Author: Claire A. Dunlop
Publisher: Edward Elgar Publishing
ISBN: 1782549560
Category : Law
Languages : en
Pages : 505
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Book Description
Regulatory impact assessment (RIA) is the main instrument used by governments and regulators to appraise the likely effects of their policy proposals. This pioneering Handbook provides a comparative and comprehensive account of this tool, situating it in the relevant theoretical traditions and scrutinizing its use across countries, policy sectors and policy instruments. Comprising six parts, university researchers, international consultants and practitioners working in international organizations examine regulatory impact assessment from many perspectives, which include: • research traditions in the social sciences • implementation, regulatory indicators and effects • tools and dimensions such as courts and gender • sectoral case studies including environment, enterprise and international development • international diffusion in the European Union (EU), Americas, Asia and developing countries • appraisal, training and education. With its wealth of detail and lessons to be learned, the Handbook of Regulatory Impact Assessment will undoubtedly be of great value to practitioners and scholars working in governance, political science and socio-legal studies.
