Articles

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A Functional Approach to Risks and Uncertainties Under NEPA, Michigan Journal of Environmental & Administrative Law (2012)

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of...

 

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Environmental Harms, Use Conflicts, and Neutral Baselines in Environmental Law, Duke Law Journal (2011)

Accounts of environmental law that rely on concepts of environmental harm and environmental protection oversimplify...

 

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Regulatory Overlap, Overlapping Legal Fields, and Statutory Discontinuities, Virginia Environmental Law Journal (2011)

Lawmakers and scholars alike criticize regulatory overlap on the ground that giving administrative agencies overlapping...

 

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Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, Cornell Law Review (2010)

This Article examines the classification of the law into legal fields, first generally and then...

 

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Factual Premises of Statutory Interpretation in Agency Review Cases, George Washington Law Review (2009)

This Article examines factual premises of statutory interpretation in agency review cases, and proposes an...

 

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A Fresh Look at the Responsible Relation Doctrine, Journal of Criminal Law & Criminology (2006)

This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers,...

 

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Note, Identifying and Valuing the Injury In Lost Chance Cases, Michigan Law Review (1998)

This Note argues that courts commonly fail to identify precisely the injury in lost chance...