Further Readings Flashcards
What is a good further reading with regards to the NY Boomer v. Atlantic cement “Co., 26 N.Y.2d 219, 257 N.E.2d 870 (1970)”
“Farber, The Story of Boomer: Pollution and the Common Law in Environmental Law Stories 7 (R. Lazarus & O. Houck eds., 2005)”
What is a good further reading against the idea that common law is an adequate medium to address modern environmental problems?
“See, e.g., R. Posner, Economic Analysis of Law 46-47 (2d ed. 1977)”
What is a further reading supporting a common law approach to environmental law?
“see The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law (R. Meiners & A. Morriss eds., 2000) (arguing that common law institutions are more capable of protecting the environment than is commonly believed and that they may be superior to reliance on regulatory statutes)”
What is a good reading regarding Nuisance Law as it relates to the industrial revolution?
“ Nuisance Law and the Industrial Revolution, 3 J. Legal Stud. 403, 425 (1974)”
“Many environmentalists argue that a basic problem with our legal and political processes is that they are incapable of taking into account the interests of future generations. For an ambitious proposal by the Climate Legal Initiative to redress this problem in the context of shaping climate change policy, see Burns H. Weston & Tracy Bach, Recalibrating the Laws of Humans with the Laws of Nature: Climate Change, Human Rights, and Intergenerational Justice (2009).”
Excerpt From
Environmental Regulation
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What is a good further reading to challenge the idea that
What is a good reqding regarding preemption politics?
“See also D. Spence & P. Murray, The Law, Economics, and Politics of Federal Preemption Jurisprudence: A Quantitative Analysis, 87 Cal. L. Rev. 1125 (1999) (arguing that judges have been too predisposed to preempt state and local environmental regulations because they have failed to distinguish between those that seek to internalize locally generated costs and those that seek to shift costs to other jurisdictions).”
Good reading for dormant commerce clause challenges
“Daniel K. Lee & Timothy P. Duane, Putting the Dormant Commerce Clause Back to Sleep: Adapting the Doctrine to Support State Renewable Portfolio Standards, 43 Envt’l L. 295 (2013). ”
What further reading elaborates on the different mechanisms by which environmental regulation may be achieved as well as expands upon a wat to achieve a diminished role of tort liability
Viscusi, Toward a Diminished Role for Tort Liability: Social Insurance, Government Regulation, and Contemporary Risks to Health and Safety, 6 Yale J. on Reg. 65 (1989). ”
Further reading for a new Environmental Law which includes federal regulation of individuals
“Michael P. Vandenbergh, From Smokestack to SUV: The Individual as Regulated Entity in the New Era of Environmental Law, 57 Vand. L. Rev. 515 (2004).”
What is a good further reading for learning sbout agency rulemaking processes?
“Jeffrey S. Lubbers, A Guide to Federal Agency Rulemaking (4th ed. 2007). The Administrative Law Review, published by the ABA’s Section of Administrative Law and Regulatory Practice, features articles on the regulatory process and an annual review of administrative law cases.”
