The Jurisdynamics of Environmental Protection: Change and the Pragmatic Voice in Environmental Law

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Environmental Law Institute, 2003 - Law - 505 pages

Jurisdynamics: the interplay between legal responses to exogenous change and the law''s own endogenous capacity for adaptation.

On November 1 and 2, 2002, the University of Minnesota Law School and the University of Minnesota''s Consortium on Law and Values in Health, Environment, and the Life Sciences sponsored a symposium in honor of Professor Daniel A. Farber's contributions to environmental law. The resulting symposium, The Pragmatic Ecologist: Environmental Protection as a Jurisdynamic Experience, was published in volume 87 of the Minnesota Law Review. The Environmental Law Institute has now combined the proceedings of The Pragmatic Ecologist with additional contributions from many other leading scholars. Dedicated to the proposition that the substantive scale on which law should be studied, taught, and learned is the entirety of human experience, this collection represents a first step toward reconceptualizing environmental law as an integral component of a comprehensive, dynamic approach to the biggest questions in law.

The contributors to this collection-Jonathan H. Adler, Ann E. Carlson, Jim Chen, Holly Doremus, Richard A. Duncan, Daniel A. Farber, Alyson C. Flournoy, Jamie A. Grodsky, Lisa Heinzerling, Bradley C. Karkkainen, Christine A. Klein, Melanie E. Kleiss, Douglas A. Kysar, Richard J. Lazarus, Jeffrey J. Rachlinski, J.B. Ruhl, James Salzman, Christopher H. Schroeder, A. Dan Tarlock, David A. Westbrook, and Amy J. Wildermuth - are at once deep in the expertise they bring to bear upon this subject and broad in the viewpoints they express. Professor Farber himself provides a foreword.

 

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Contents

Is the Endangered Species Act EcoPragmatic?
3
Toward a Bounded Pragmatism
51
The Paradox of EcoPragmatism
95
Using the Precautionary Principle to Bridge the Gap
117
ECOLOGY AND ECOSYSTEMS
143
The EcoPragmatic Challenges of Ecosystem Revival
145
Whats Leopold Got to Do With It?
175
Imperfect Legal Responses to Biodiversity Loss
197
Visions of History and the Pragmatism of Environmentalists
291
PRIESTS AND PROPHETS PRAGMATISM AND POLICY
309
Prophets Priests and Pragmatists
311
Environmental Tribalism
337
A Different Kind of Republican Moment in Environmental Law
369
Minnesota Wild
399
NORMS AND EMOTIONS ETHICS AND VALUES
405
Classifying Social Norms
407

The New New Thing
217
ENVIRONMENTAL FEDERALISM AT HOME AND ABROAD
223
Disguising Pragmatism With Metaphor
225
Using Federalism to Spur Environmental Innovation
263
The Psychology of Global Climate Change
429
The Dialectic of Law and Environmental Values
445
Environmental Ethics and Environmental Law Scholarship
477
Copyright

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