9780300120011

Regulating from Nowhere : Environmental Law and the Search for Objectivity

by
  • ISBN13:

    9780300120011

  • ISBN10:

    030012001X

  • Format: Trade Paper
  • Copyright: 2010-06-22
  • Publisher: Yale University Press
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Summary

Drawing insight from cross-disciplinary sources, Douglas Kysar exposes a critical flaw in the dominant environmental law and policy paradigm of risk assessment and cost-benefit analysis. To compensate for the shortcomings he identifies, Kysar offers a novel defense of the precautionary principle and concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.

Author Biography

DOUGLAS A. KYSAR is the Joseph M. Field '55 Professor of Law at Yale Law School.

Table of Contents

Prefacep. ix
Introductionp. 1
Regulating From Nowhere
Agency and Optimalityp. 25
Prescription and Precautionp. 46
The Perils of Prediction
Complexity and Catastrophep. 71
Interests and Emergencep. 99
The Environment of the Other
Other Statesp. 123
Other Generationsp. 150
Other Forms of Lifep. 176
Our Environmental Future
Ecological Rationalityp. 203
Environmental Constitutionalismp. 229
Appendix: The Environmental Possibilities Actp. 255
Notesp. 259
Indexp. 309
Table of Contents provided by Ingram. All Rights Reserved.

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