I am presently at work on a book identifying the barriers and challenges facing
conservation today. My claim is that conservation is in desperate need of a new strategy
for allocating effort and setting priorities. A strategy of the sort would allow us to
waste as little natural and human capital as possible by improving our present markets
and social institutions so as to allocate natural resources more rationally while
resolving conflicts more effectively. Such a strategy is best summed up in two words:
pragmatic and noncentralized. 

Administrative Law

Waters of the United States: Theory, Practice and Integrity at the Supreme Court, ExpressO (2006)

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided...

 

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The Indignity of Federal Wildlife Habitat Law, Alabama Law Review (2005)

In this article, I argue that the agencies charged under federal law with the protection...

 

Environmental Law

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Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation (2008)

This essay grew out of a symposium on Catholic social thought. It makes the case...

 

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No Time Like the Present: The Eighteenth Century Judicial Power Meets the Twenty-first Century Problem in Massachusetts v. EPA (2006)

In this short commentary, I consider the nature of our judicial power and the Court's...

 

Waters of the United States: Theory, Practice and Integrity at the Supreme Court, ExpressO (2006)

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided...

 

Localism's Ecology: Protecting and Restoring Habitat in the Suburban Nation, ExpressO (2006)

There is wide agreement among conservation activists and scientists alike that loss and alteration of...

 

Jurisprudence

Waters of the United States: Theory, Practice and Integrity at the Supreme Court, ExpressO (2006)

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided...

 

Natural Resources Law

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The Fire Next Time: Land Use Planning in the Wildland/Urban Interface (2008)

Wildfire is a growing threat to suburban and exurban communities, in part because fires have...

 

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Bioregional Conservation Means Taking Habitat, ExpressO (2007)

Conservation’s richest innovation in decades has been the conservation easement and, by most accounts, it...

 

Waters of the United States: Theory, Practice and Integrity at the Supreme Court, ExpressO (2006)

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided...

 

Habitat and Humanity: Public Lands Law in the Age of Ecology, ExpressO (2006)

Public lands law in this country has been gridlocked for a decade at the intersection...

 

Localism's Ecology: Protecting and Restoring Habitat in the Suburban Nation, ExpressO (2006)

There is wide agreement among conservation activists and scientists alike that loss and alteration of...

 

Public Law and Legal Theory

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Solidarity and Subsidiarity in a Changing Climate: Green Building as Legal and Moral Obligation (2008)

This essay grew out of a symposium on Catholic social thought. It makes the case...

 

File

Bioregional Conservation Means Taking Habitat, ExpressO (2007)

Conservation’s richest innovation in decades has been the conservation easement and, by most accounts, it...

 

PDF

The Possibility of Experimentalist Administrative Agencies (2007)

In this introduction to and summary of my JSD dissertation (submitted for defense at Columbia...

 

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Spreadsheet of Takings and Due Process Cases at the U.S. Supreme Court, 1871-2005 (2007)

In this spreadsheet, I collect the major takings and real property due process precedents at...

 

Property Law Federalism

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Spreadsheet of Takings and Due Process Cases at the U.S. Supreme Court, 1871-2005 (2007)

In this spreadsheet, I collect the major takings and real property due process precedents at...