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philosophy of postcolonial settler societies “marked by the death and/or dispossession of their original inhabitants.”2 In his fifth book, After Nature: A Politics for the Anthropocene,3 Duke Law Professor ... the environment, Purdy finds an inextricable link between environmental imagination and political expression.11 He then classifies the evolution of American attitudes towards nature into four categories
in levels of timber harvesting, generating intense political controversy. For a definitive account of the Northwest's timber wars, see STEVEN YAFFEE, THE WISDOM OF THE SPOTTED OWL (1994). 3. Herger
possible the sources of resistance. These sources, in my view, lie in the fragmented political structure of the United States, and in a political culture that includes a large dose of distrust of government ... , both on the political left and on the political right. Consider first the fragmentation of land-use governance. Among economically advanced democracies, historian Kenneth Jackson points out, "Only in
0 Copyright © 2013 Regents of the University of California , USA 1 Associate Professor of Law, Notre Dame Law School. J.D. & Ph.D. (Political Science), University of California, Berkeley. I am ... the Indiana University Maurer School of Law. I also the American Political Science Association. Finally, thanks to Matthew Purcell and Philomena Meluch for their excellent research assistance, and to
. Analyzing the potential legal implications of the Undertaking requires an appreciation of the environmental and political problems threatening the conservation of plant genetic resources. In Section I, this ... political conflict surrounding plant breeding by multinational agribusinesses. In Section II, the international efforts to preserve plant genetic resources are analyzed. After discussing the circumstances of
individuals and entities currently engaged in a race to exploit a commons may dominate political institutions designed to combat overexploitation. Because a substantial number of those individuals and entities ... , in other words, may be captured by those with a vested interest in continuing overexploitation. That is the "tragedy" in what I term "the political tragedy of the commons." Regulation of American
amendment, as opposed to a statute, protects policy judgments from the ebb and flow of the political tide."3 One would predict, based on this, that the public trust doctrine in Wisconsin is fairly insulated ... from political pressure. Given its history and constitutional basis, the development and implementation of Wisconsin's public trust doctrine is fertile ground for study. In Wisconsin, three state
. failed to establish any federal PTD rights, the - case served a valuable role by garnering public attention and contributing legal and political momentum to the movement to address climate change. I ... trust litigation by attracting national media attention.37 This raises the prospect that, with continued legal and political pressure, state courts could expand the PTD to include atmospheric resources
aim and, instead, selected aspects of the past become the prime concern. h ow history is understood, interpreted and presented is closely connected to ideological and political issues.2 1 Foreword of m ... and 20th c entury], Warszawa 2007 (i.a., z . KURNATo WSKA, a rcheolodzy wobec politycznej wymowy swoich źródeł [a rchaeologists and the Political Significance of their Sources], 37–48; F.M. STę PNIo
tort claims against automakers and electric power companies for injuries the plaintiffs incurred from climate change. Unfortunately, district courts dismissed these cases under the political question ... doctrine, failing to reach the merits of the case. The application of the political question doctrine to these climate change cases, which were in essence complex tort cases, was erroneous. These cases
to society as a whole outweigh the costs-hardly seems consistent with basic libertarian principles. 40 Liberal political philosophy, like libertarianism, takes 35. The term "spillover" refers to the ... Pinchot,3 whom he knew briefly Copyright © 1987 by ECOLOGY LAW QUARTERLY * Research Associate, Center for Philosophy and Public Policy, University of Maryland; Ph.D. 1970, University of Rochester; A.B
Mercedes-Benz, in spite of geopolitical insecurities and a volatile semiconductor market, the global demand for vehicles remains robust; nevertheless, due to the unstable political situation and ongoing
- political philosophy. One cost of democracy is the messiness of the results. I think it is a mistake to look for consistent, substantive "public interest" principles in the body of legislative texts taken ... they think they are, they cannot always get their own way. I do not think we need to choose between a public interest theory of legislation and a naked battle of interests. Much of the political
political philosophy was explicitly tied to assumptions of a surplus of land, economic growth, and perpetual expansion into the New World frontier. Id. at 335. 43. Marx called this "bourgeois ... human laws must be accountable. Second, as a corollary to that premise, this essay does not take for granted today's political and economic structures of which our legal processes are an integral part
, the Ninth Amendment, and some argue from the Preamble2 to the Constitution.3 1. Andrew Brennan & Yeuk-Sze Lo, Environmental Ethics, STAN. ENCYC LOPEDIA OF PHILOSOPHY (Winter 2016 Edition), http ... environment will not achieve constitutional status until the Court becomes convinced both that the environmental dangers are real and that the political branches are failing to act responsibly, despite their
discussion has addressed questions of scientific, economic, and political philosophy: When is it scientifically and economically "worthwhile" to regulate a risk? And what balance should regulators strike ... color alteration. In contrast, advocates of the "cultural cognition" model assert that individuals' "worldviews," or political and cultural belief systems, "permeate all of the mechanisms through which
and technological criteria to environmental problems. Our regulatory philosophy, manifested in such standards as "economically feasible" and "best available technology,"' 5 is to some extent a practical ... necessity. However, sole reliance on technologically and economically driven solutions to environmental problems may undermine the ultimate goal of reducing pollution. First, this philosophy fosters the
closed-loop systems and obtain new recyclable materials from waste. I firmly believe that our industry must put sustainability at the core of its philosophy in order to be successful in the future. The
aspect of the greater food movement: the “eat-food movement,” which encourages the consumption of “real,” unprocessed food. Upon juxtaposing the philosophy of the eat-food movement with the structure and ... movement’s philosophy is fundamentally in tension with certain aspects of federal food regulation. This examination has implications for the study of administrative regulation more broadly. All government