Download or read book Savings Clauses and Trends in Natural Resources Federalism written by Robert Fischman and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers recent trends in federalism, with particular attention to natural resource law's statutory savings clauses. It begins with a case study of elk management in Jackson Hole, Wyoming. The elk controversy shows how a statutory savings clause can provide a state with traction to advance its interests, and demonstrates how the political winds of change can shift the balance of state-federal relations. The article then focuses on the common statutory savings clauses and their roles in circumscribing federal agency authority and establishing a basis for cooperation between federal and state governments. We analyze the interpretive approaches the judiciary may employ to make sense of the statutory savings language, and conceptualize them along a continuum of influence in resolving cases. The article concludes with an explanation of trends that set the direction for policy innovations in natural resources federalism and general thoughts about the future of federalism in natural resources law.
Download or read book The Evolution of Natural Resources Law and Policy written by Lawrence J. MacDonnell and published by American Bar Association. This book was released on 2010 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural resources law is a dynamic field of practice, with a rich history that reaches back several centuries. The authors look at current challenges and offer ideas about the future while demonstrating that the federal government's role continues to be a complex one as markets and private actors become more visible participants in the current policy arena. Part I provides foundational analyses of the law, while the second part reviews thematic issues in the area.
Download or read book Conservation and Recreation in Protected Areas written by Yun Ma and published by Routledge. This book was released on 2016-05-12 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and up to date comparative study of the management and resolution of conflicts between conservation and recreation in protected areas in the US and China. Competing claims on the use of nature, increasing regulation of land use and recreational activities, and the conflicting goals between conservation and development have led to a rise in conflicts in the designation and management of protected areas. How to effectively manage and resolve these conflicts has become a challenge for both legislators and managers. By adopting an institutional dimension in legal interpretation, this book critically examines how such conflicts are dealt with in the legal regimes of the US and China while exploring interactions between legislatures, agencies and courts. The book searches for a plausible solution to improve the legal framework of protected areas in China by emulating pertinent mechanisms developed in the US, whilst also presenting legal and policy recommendations to the US. This informative book will be useful for legal scholars in Chinese law, nature conservation law, administrative law and comparative law.
Download or read book Minnesota Law Review written by and published by . This book was released on 2010 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Download or read book Waiting for Democracy written by Jesse Craig Ribot and published by . This book was released on 2004 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: References pp. 115-132.
Download or read book Environmental Federalism written by Terry Lee Anderson and published by . This book was released on 1997 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a quarter century, the federal government has been the primary determinant of environmental regulation and policy. The contributors to this volume provide a wide variety of strategies to challenge what they consider to be Washington's unsophisticated, ineffective, and harmful approaches. The original essays demonstrate how states can improve environmental regulations as they apply to land, water, wildlife, and pesticides, and they provide a general framework for how states can regain control of their environmental destiny. Important reading for anyone interested in environmental policy studies.
Download or read book William and Mary Environmental Law and Policy Review written by and published by . This book was released on 2007 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Resources Law and Policy written by James R. Rasband and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.
Download or read book Rents to Riches written by Naazneen Barma and published by World Bank Publications. This book was released on 2011-12-08 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the political economy surrounding the detailed decisions that governments make at each step of the value chain for natural resource management. From the perspective of public interest or good governance, many resource-dependent developing countries pursue apparently short-sighted and sub-optimal policies in relation to the extraction and capture of resource rents, and to spending and savings from their resource endowments. This work contextualizes these micro-level choices and outcomes.
Download or read book Fiscal Federalism and the Taxation of Natural Resources written by Committee on Taxation, Resources and Economic Development and published by Lexington, Mass. ; Toronto : Lexington Books. This book was released on 1983 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compilation of studies by various authors on taxation of natural resources with respect to federal-provincial relations.
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book The Influence of Federal Grants written by Martha Derthick and published by Harvard University Press. This book was released on 1970 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Diversified Development written by Indermit S. Gill and published by World Bank Publications. This book was released on 2014-02-26 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eurasian economies have to become efficient more productive, job-creating, and stable. But efficiency is not the same as diversification. Governments need to worry less about the composition of exports and production and more about asset portfolios natural resources, built capital, and economic institutions.
Download or read book Addressing the Natural Resource Curse written by Mr. Arvind Subramanian and published by International Monetary Fund. This book was released on 2003-07-01 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some natural resources-oil and minerals in particular-exert a negative and nonlinear impact on growth via their deleterious impact on institutional quality. We show this result to be very robust. The Nigerian experience provides telling confirmation of this aspect of natural resources. Waste and poor institutional quality stemming from oil appear to have been primarily responsible for Nigeria''s poor long-run economic performance. We propose a solution for addressing this resource curse which involves directly distributing the oil revenues to the public. Even with all the difficulties that will no doubt plague its actual implementation, our proposal will, at the least, be vastly superior to the status quo. At best, however, it could fundamentally improve the quality of public institutions and, as a result, durably raise long-run growth performance.
Download or read book Regulation written by Jerry Brito and published by Mercatus Center at George Mason University. This book was released on 2012-08-13 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal regulations affect nearly every area of our lives and interest in them is increasing. However, many people have no idea how regulations are developed or how they have an impact on our lives. Regulation: A Primer by Susan Dudley and Jerry Brito provides an accessible overview of regulatory theory, analysis, and practice. The Primer examines the constitutional underpinnings of federal regulation and discusses who writes and enforces regulation and how they do it. Published by the Mercatus Center at George Mason University, it also provides insights into the different varieties of regulation and how to analyze whether a regulatory proposal makes citizens better or worse off. Each chapter discusses key aspects of regulation and provides further readings for those interested in exploring these topics in more detail.
