Regulating from Nowhere

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Release : 2010-06-22
Genre : Law
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Book Rating : 304/5 ( reviews)

Regulating from Nowhere - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulating from Nowhere write by Douglas A. Kysar. This book was released on 2010-06-22. Regulating from Nowhere available in PDF, EPUB and Kindle. 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

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Release : 2008
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Book Rating : /5 ( reviews)

Regulating from Nowhere - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulating from Nowhere write by Douglas A. Kysar. This book was released on 2008. Regulating from Nowhere available in PDF, EPUB and Kindle. Using the examples of invasive species and transpacific air pollution, this essay outlines challenges to U.S. domestic environmental law and policy posed by global dimensions of sociolegal and biophysical systems. As will be seen, the deep interconnectivity of such systems suggests that significant determinants of environmental sustainability will always remain outside the predictive and protective capacities of U.S. regulators, even with respect to matters that conventionally have been regarded as primarily domestic environmental problems. This irreducible interdependency in turn suggests an underappreciated shortcoming of the risk-assessment/cost-benefit analysis paradigm that currently dominates the United States environmental policymaking discussion: By implying that the normativity of national environmental policy can be determined by empirical assessment of individual welfare consequences, such a paradigm fails to promote an ethos of national subjectivity, in which nation-states such as the United States recognize themselves as responsible actors on the global stage, standing in relations of moral and political obligation with other sovereigns, other generations, and other communities of life. Such an ethos, this essay concludes, is essential to successful environmental governance, whether or not nominally domestic in orientation.

The Politics of Global Regulation

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Release : 2009-05-17
Genre : Business & Economics
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Book Rating : 616/5 ( reviews)

The Politics of Global Regulation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Global Regulation write by Walter Mattli. This book was released on 2009-05-17. The Politics of Global Regulation available in PDF, EPUB and Kindle. "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.

Regulating the Sea

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Release : 2022-12-31
Genre : Business & Economics
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Book Rating : 115/5 ( reviews)

Regulating the Sea - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Regulating the Sea write by Margherita Pieraccini. This book was released on 2022-12-31. Regulating the Sea available in PDF, EPUB and Kindle. The book explores English marine protected areas regulation, linking the regulatory landscape to key theoretical themes in environmental social sciences.

The Snail Darter and the Dam

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Release : 2013-06-18
Genre : Law
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Book Rating : 265/5 ( reviews)

The Snail Darter and the Dam - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Snail Darter and the Dam write by Zygmunt Jan Broel Plater. This book was released on 2013-06-18. The Snail Darter and the Dam available in PDF, EPUB and Kindle. 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