Regulating from Nowhere

Regulating from Nowhere PDF 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.

Regulating from Nowhere

Regulating from Nowhere PDF 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.

Thinking Ecologically

Thinking Ecologically PDF 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.

The Politics of Global Regulation

The Politics of Global Regulation PDF Author: Walter Mattli
Publisher: Princeton University Press
ISBN: 1400830737
Category : Political Science
Languages : en
Pages : 308

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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. In whose interest is the global economy being regulated? Under what conditions can global regulation be made to serve broader interests? This is the first book to examine systematically how and why such hijacking or "regulatory capture" happens, and how it can be averted. Walter Mattli and Ngaire Woods bring together leading experts to present an analytical framework to explain regulatory outcomes at the global level and offer a series of case studies that illustrate the challenges of a global economy in which many institutions are less transparent and are held much less accountable by the media and public officials than are domestic institutions. They explain when and how global regulation falls prey to regulatory capture, yet also shed light on the positive regulatory changes that have occurred in areas including human rights, shipping safety, and global finance. This book is a wake-up call to proponents of network governance, self-regulation, and the view that technocrats should be left to regulate with as little oversight as possible. In addition to the editors, the contributors are Kenneth W. Abbott, Samuel Barrows, Judith L. Goldstein, Eric Helleiner, Miles Kahler, David A. Lake, Kathryn Sikkink, Duncan Snidal, Richard H. Steinberg, and David Vogel.

The Snail Darter and the Dam

The Snail Darter and the Dam PDF 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

Trade and the Environment

Trade and the Environment PDF Author: Brian R. Copeland
Publisher: Princeton University Press
ISBN: 9780691124001
Category : Business & Economics
Languages : en
Pages : 312

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Book Description
Nowhere has the divide between advocates and critics of globalization been more striking than in debates over free trade and the environment. And yet the literature on the subject is high on rhetoric and low on results. This book is the first to systematically investigate the subject using both economic theory and empirical analysis. Brian Copeland and Scott Taylor establish a powerful theoretical framework for examining the impact of international trade on local pollution levels, and use it to offer a uniquely integrated treatment of the links between economic growth, liberalized trade, and the environment. The results will surprise many. The authors set out the two leading theories linking international trade to environmental outcomes, develop the empirical implications, and examine their validity using data on measured sulfur dioxide concentrations from over 100 cities worldwide during the period from 1971 to 1986. The empirical results are provocative. For an average country in the sample, free trade is good for the environment. There is little evidence that developing countries will specialize in pollution-intensive products with further trade. In fact, the results suggest just the opposite: free trade will shift pollution-intensive goods production from poor countries with lax regulation to rich countries with tight regulation, thereby lowering world pollution. The results also suggest that pollution declines amid economic growth fueled by economy-wide technological progress but rises when growth is fueled by capital accumulation alone. Lucidly argued and authoritatively written, this book will provide students and researchers of international trade and environmental economics a more reliable way of thinking about this contentious issue, and the methodological tools with which to do so.

Investigative Interviewing

Investigative Interviewing PDF Author: Tom Williamson
Publisher: Routledge
ISBN: 113403962X
Category : Social Science
Languages : en
Pages : 354

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Book Description
The objective of this book is to review the position of investigative interviewing in a variety of different countries, with different types of criminal justice systems, and consists of chapters written by leading authorities in the field, both academics and practitioners. A wide range of often controversial questions are addressed, including issues raised by the treatment of detainees at Guantanamo Bay, The Reid model for interviewing and miscarriages of justice, the role of legislation in preventing bad practice, the effectiveness of ethical interviewing, investigative interviewing and human rights, responses to miscarriages of justice, and the likely future of investigative interviewing. The book also makes comparisons between British and American approaches to detention without trial, and the role of confession evidence within adversarial legal systems. It also develops a set of proposals to minimise the risks of miscarriages of justice, irrespective of jurisdiction.

What We Lose

What We Lose PDF Author: Zinzi Clemmons
Publisher: Penguin
ISBN: 0735221723
Category : Fiction
Languages : en
Pages : 226

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Book Description
A National Book Foundation 5 Under 35 Honoree NBCC John Leonard First Book Prize Finalist Aspen Words Literary Prize Finalist Named a Best Book of the Year by Vogue, NPR, Elle, Esquire, Buzzfeed, San Francisco Chronicle, Cosmopolitan, The Huffington Post, The A.V. Club, The Root, Harper’s Bazaar, Paste, Bustle, Kirkus Reviews, Electric Literature, LitHub, New York Post, Los Angeles Review of Books, and Bust “The debut novel of the year.” —Vogue “Like so many stories of the black diaspora, What We Lose is an examination of haunting.” —Doreen St. Félix, The New Yorker “Raw and ravishing, this novel pulses with vulnerability and shimmering anger.” —Nicole Dennis-Benn, O, the Oprah Magazine “Stunning. . . . Powerfully moving and beautifully wrought, What We Lose reflects on family, love, loss, race, womanhood, and the places we feel home.” —Buzzfeed “Remember this name: Zinzi Clemmons. Long may she thrill us with exquisite works like What We Lose. . . . The book is a remarkable journey.” —Essence From an author of rare, haunting power, a stunning novel about a young African-American woman coming of age—a deeply felt meditation on race, sex, family, and country Raised in Pennsylvania, Thandi views the world of her mother’s childhood in Johannesburg as both impossibly distant and ever present. She is an outsider wherever she goes, caught between being black and white, American and not. She tries to connect these dislocated pieces of her life, and as her mother succumbs to cancer, Thandi searches for an anchor—someone, or something, to love. In arresting and unsettling prose, we watch Thandi’s life unfold, from losing her mother and learning to live without the person who has most profoundly shaped her existence, to her own encounters with romance and unexpected motherhood. Through exquisite and emotional vignettes, Clemmons creates a stunning portrayal of what it means to choose to live, after loss. An elegiac distillation, at once intellectual and visceral, of a young woman’s understanding of absence and identity that spans continents and decades, What We Lose heralds the arrival of a virtuosic new voice in fiction.

The Existentialist Moment

The Existentialist Moment PDF Author: Patrick Baert
Publisher: John Wiley & Sons
ISBN: 0745685439
Category : Social Science
Languages : en
Pages : 240

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Book Description
Choice Outstanding Academic Title for 2015 Jean-Paul Sartre is often seen as the quintessential public intellectual, but this was not always the case. Until the mid-1940s he was not so well-known, even in France. Then suddenly, in a very short period of time, Sartre became an intellectual celebrity. How can we explain this remarkable transformation? The Existentialist Moment retraces Sartre's career and provides a compelling new explanation of his meteoric rise to fame. Baert takes the reader back to the confusing and traumatic period of the Second World War and its immediate aftermath and shows how the unique political and intellectual landscape in France at this time helped to propel Sartre and existentialist philosophy to the fore. The book also explores why, from the early 1960s onwards, in France and elsewhere, the interest in Sartre and existentialism eventually waned. The Existentialist Moment ends with a bold new theory for the study of intellectuals and a provocative challenge to the widespread belief that the public intellectual is a species now on the brink of extinction.

Confessions of a Rogue Nuclear Regulator

Confessions of a Rogue Nuclear Regulator PDF Author: Gregory B. Jaczko
Publisher: Simon & Schuster
ISBN: 1476755779
Category : Political Science
Languages : en
Pages : 208

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Book Description
A shocking exposé from the most powerful insider in nuclear regulation about how the nuclear energy industry endangers our lives—and why Congress does nothing to stop it. Gregory Jaczko had never heard of the Nuclear Regulatory Commission when he arrived in Washington like a modern-day Mr. Smith. But, thanks to the determination of a powerful senator, he would soon find himself at the agency’s helm. A Birkenstocks-wearing physics PhD, Jaczko was unlike any chairman the agency had ever seen: he was driven by a passion for technology and a concern for public safety, with no ties to the industry and no agenda other than to ensure that his agency made the world a safer place. And so Jaczko witnessed what outsiders like him were never meant to see—an agency overpowered by the industry it was meant to regulate and a political system determined to keep it that way. After an emergency trip to Japan to help oversee the frantic response to the horrifying nuclear disaster at Fukushima in 2011, and witnessing the American nuclear industry’s refusal to make the changes he considered necessary to prevent an equally catastrophic event from occurring here, Jaczko started saying aloud what no one else had dared. Confessions of a Rogue Nuclear Regulator is a wake-up call to the dangers of lobbying, the importance of governmental regulation, and the failures of congressional oversight. But it is also a classic tale of an idealist on a mission whose misadventures in Washington are astounding, absurd, and sometimes even funny—and Jaczko tells the story with humor, self-deprecation, and, yes, occasional bursts of outrage. Above all, Confessions of a Rogue Nuclear Regulator is a tale of confronting the truth about one of the most pressing public safety and environmental issues of our time: nuclear power will never be safe.

Global Business Regulation

Global Business Regulation PDF 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.