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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 Making of Environmental Law
An updated and passionate second edition of a foundational book. How did environmental law first emerge in the United States? Why has it evolved in the ways that it has? And what are the unique challenges inherent to environmental lawmaking in general and in the United States in particular? Since its first edition, The Making of Environmental Law has been foundational to our understanding of these questions. For the second edition, Richard J. Lazarus returns to his landmark book and takes stock of developments over the last two decades. Drawing on many years of experience on the frontlines of legal and policy battles, Lazarus provides a theoretical overview of the challenges that environment...
Administrative Law
The third edition of this innovative administrative law casebook retains and enhances its unique features: Focus on five representative agencies to provide students with a more holistic understanding of agencies and provide context. Use of a consistent unit design that maximizes student learning and facilitates the use of the book with a wide variety of teaching styles, including traditional methods and the "flipped" classroom. Incorporation of cutting-edge cases and problems that focus on the practical application of administrative law doctrines. By focusing on five important and representative agencies (the EPA, NLRB, SSA, IRS, and FCC), the book addresses two key problems for teaching and...
Making Climate Lawyers
Why did it take so long for American law schools to start teaching about climate change? Although most environmental law professors were aware of climate change by 1990, it took nearly fifteen years for them to incorporate the topic into their curriculum. In her innovative new work, Kimberly K. Smith explores how American environmental law professors have addressed climate change, identifying the barriers they faced, how they overcame them, and how they created “climate law” as a domain of legal specialization. Making Climate Lawyers explores the history of why American law schools were resistant to teaching about climate change and how that changed over the course of a forty-year period...
Strategies for Environmental Success in an Uncertain Judicial Climate
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...
Reinventing Environmental Enforcement and the State/federal Relationship
One of the most controversial issues in environmental law and policy-and one that of considerable importance to the EPA-is the allocation of power and authority between the federal and state governments. The recent evolution in approaches of environmental enforcement highlights many of the tensions inherent in this debate. During the past several years, the federal and state governments have spent a good deal of energy attempting to "reinvent" their relationship. The shifts in federal/state enforcement relations are highly significant, with the potential to fundamentally reorder the division of authority that has existing over the past 25 years. This book thoroughly documents the changing na...
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...
Environmental Protection
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).
