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Has The Judiciary Abandoned The Environment
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Book Synopsis Has the Judiciary Abandoned the Environment? by :
Download or read book Has the Judiciary Abandoned the Environment? written by and published by Socio Legal Information Cent. This book was released on 2010 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the National Consultation Critiquing the Current Judicial Trends on Environment Law, held at Delhi during 23-24 February 2008.
Book Synopsis The Role of the Judiciary in Environmental Governance by : Louis J. Kotzé
Download or read book The Role of the Judiciary in Environmental Governance written by Louis J. Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Download or read book Green Justice written by Thomas M Hoban and published by Routledge. This book was released on 2018-02-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do trees have legal rights? What risks to the environment should we legally try to control or prevent? In this updated edition of Green Justice, the authors further explore the interrelationship between the legal system and the environment, using key environmental law cases (over half of which are new selections) on such topics as population and biodiversity?and as recent as 1990. The authors' liberal arts approach leads to a wide spectrum of related topics: the history of the common law, the political science of administrative agencies, our obligation to future generations, and the ecology of species extinction.With the help of explanatory introductions, study questions, and references to relevant literature, students are challenged to determine for themselves how the cases should have been decided and how they link up to broader issues. This accessible text is ideal for undergraduate courses in environmental law and environmental policy as well as nonlaw graduate courses in planning or public administration.
Book Synopsis Strategies for Environmental Success in an Uncertain Judicial Climate by : Michael Allan Wolf
Download or read book Strategies for Environmental Success in an Uncertain Judicial Climate written by Michael Allan Wolf and published by Environmental Law Institute. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Book Synopsis Environmental Law from the Policy Perspective by : Chad J. McGuire
Download or read book Environmental Law from the Policy Perspective written by Chad J. McGuire and published by CRC Press. This book was released on 2014-03-17 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most books on environment law focus on the law first, and then look at how environmental problems are dealt with in relation to the law. Taking a fresh approach, Environmental Law from the Policy Perspective: Understanding How Legal Frameworks Influence Environmental Problem Solving examines environmental problems first, followed by an examination of legal frameworks and how they impact environmental issues. This approach provides a clearer understanding of the relationship between the law and environment by examining environmental issues from an applied perspective. By first focusing on environmental problems without constraining the analysis to a particular legal framework, this book fosters a more holistic discussion of environmental issues that include scientific, social, economic, and political contexts. It examines how laws affect the adaptation of policy, how policy is legitimized into statutory law, and how the law is impacted in practice. The text then underscores how interpretation of the law affects its application to different factual settings. Written by an environmental law expert who teaches environmental law to those not trained in legal theory, the book provides insights into the way environmental issues are "ingested" into a legal process. The author demystifies environmental law as a concept by applying it through the lens of environmental problem solving. Once you have a clear picture of the role legal frameworks have in managing environmental issues, you will be able to take a deeper policy-oriented approach to environmental problems.
Book Synopsis The Environmental Decade in Court by : Lettie M. Wenner
Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969signaled a new era for American law, when both proponents and opponents of strictsafeguards on the environment looked more and more to the courts to settle theirdisputes. Lettie M. Wenner examines the role of the federal judiciary inimplementing environmental laws in the ten years after the passage of the NEPA. Hermajor focus is on the overall policy patterns that emerged from court decisions onenvironmental issues during this period, demonstrating the function of the courts asa public policy maker. The author concludes that, in general, the federal courtshave proven to be more environmentally oriented when they have faced specificenforcement demands in the context of pollution control laws than when they havebeen asked to make broad policy decisions based on discretionary laws.
Book Synopsis Regulation and the Courts by : R. Shep Melnick
Download or read book Regulation and the Courts written by R. Shep Melnick and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.
Book Synopsis The Environmental Decade in Court by : Lettie M. Wenner
Download or read book The Environmental Decade in Court written by Lettie M. Wenner and published by . This book was released on 1982-06-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the National Environmental Policy Act (NEPA) in 1969 signaled a new era for American law, when both proponents and opponents of strict safeguards on the environment looked more and more to the courts to settle their disputes. Lettie M. Wenner examines the role of the federal judiciary in implementing environmental laws in the ten years after the passage of the NEPA. Her major focus is on the overall policy patterns that emerged from court decisions on environmental issues during this period, demonstrating the function of the courts as a public policy maker. The author concludes that, in general, the federal courts have proven to be more environmentally oriented when they have faced specific enforcement demands in the context of pollution control laws than when they have been asked to make broad policy decisions based on discretionary laws.
Book Synopsis The National Environmental Policy Act by : Matthew J. Lindstrom
Download or read book The National Environmental Policy Act written by Matthew J. Lindstrom and published by . This book was released on 2001 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental degradation and the compromised integrity of the earth's ecological system were growing public concerns in the mid- to late 1960s. These issues spurred Congress to pass the National Environmental Policy Act of 1969 (NEPA), the first law to focus such environmental concerns into a comprehensive national policy. The new legislation encompassed an array of environmental values and ethics, as well as administrative tools to achieve the ecological goals of the nation while taking into account other important societal needs. Though NEPA has had a positive effect on U.S. environmental policy and the national quality of life, this new book shows how federal courts and agencies have failed to implement many of the values and goals fundamental to the success of NEPA. To explain this divergence, Matthew J. Lindstrom and Zachary A. Smith examine NEPA's origins, address how it has been implemented and enforced, and highlight its shortcomings. Lindstrom and Smith argue compellingly that if NEPA were fully and properly implemented, it would prove to be a valuable tool for balancing the needs of the world population and the protection of the earth's environment. This book is well sui
Book Synopsis Courts and the Environment by : Christina Voigt
Download or read book Courts and the Environment written by Christina Voigt and published by Edward Elgar Publishing. This book was released on with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
Book Synopsis Global Environmental Constitutionalism by : James R. May
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
Book Synopsis Defending the Environment by : Joseph L. Sax
Download or read book Defending the Environment written by Joseph L. Sax and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Greening of America by : Charles A. Reich
Download or read book The Greening of America written by Charles A. Reich and published by Three Rivers Press. This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 25th Anniversary of the Groundbreaking Classic. "If there was any doubt about the need for social transformation in 1970, that need is clear and urgent today....I am now more convinced than ever that the conflict and suffering now threatening to engulf us are entirely unnecessary, and a tragic waste of our energy and resources. We can create an economic system that is not at war with human beings or nature, and we can get from here to there by democratic means."--from the new Preface by Charles A. Reich.
Book Synopsis Judicial Handbook on Environmental Law by : Dinah Shelton
Download or read book Judicial Handbook on Environmental Law written by Dinah Shelton and published by UNEP/Earthprint. This book was released on 2005 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.
Book Synopsis Not in My Backyard by : United States Commission on Civil Rights
Download or read book Not in My Backyard written by United States Commission on Civil Rights and published by . This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Shareholder Value Myth by : Lynn Stout
Download or read book The Shareholder Value Myth written by Lynn Stout and published by Berrett-Koehler Publishers. This book was released on 2012-05-07 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth look at the trouble with shareholder value thinking and at better options for models of corporate purpose. Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society. “A must-read for managers, directors, and policymakers interested in getting America back in the business of creating real value for the long term.” —Constance E. Bagley, professor, Yale School of Management; president, Academy of Legal Studies in Business; and author of Managers and the Legal Environment and Winning Legally “A compelling call for radically changing the way business is done... The Shareholder Value Myth powerfully demonstrates both the dangers of the shareholder value rule and the falseness of its alleged legal necessity.” —Joel Bakan, professor, The University of British Columbia, and author of the book and film The Corporation “Lynn Stout has a keen mind, a sharp pen, and an unbending sense of fearlessness. Her book is a must-read for anyone interested in understanding the root causes of the current financial calamity.” —Jack Willoughby, senior editor, Barron’s “Lynn Stout offers a new vision of good corporate governance that serves investors, firms, and the American economy.” —Judy Samuelson, executive director, Business and Society Program, The Aspen Institute
Book Synopsis Environmental Justice in India by : Gitanjali Nain Gill
Download or read book Environmental Justice in India written by Gitanjali Nain Gill and published by Taylor & Francis. This book was released on 2016-11-10 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
