Academia
Law Schools Doing Good
How Law Schools Serve the Public
Most people probably think of law schools, when they think of them at all, as places that train future lawyers. That’s true, and it’s important, but law schools do a lot more. Faculty scholarship makes a difference –law review articles laid the foundation for many of the ideas now guiding judges (both on the Right …
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CONTINUE READINGThe First Environmentalist Law Teacher
William Colby (1870-1964), a pioneering figure in the Sierra Club from Berkeley’s past
I’m pretty sure that William E. Colby qualifies as the nation’s first environmentalist law teacher, if only because environmentalism was very young at the time.. Colby was a lecturer on mining law and water law at Berkeley for twenty-one years, retiring in 1936. (That doesn’t make him the first natural resources teacher; Judge Lindley had taught …
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CONTINUE READINGEnvironmental Law as a Three-Legged Stool
Ad. Law provides the process and institutions, while Torts and Property concepts underly the substance.
Environmental law is a formidable tangle of long, complicated statutes and sometimes arcane judicial doctrines. But underneath all that, I’d like to suggest, there’s a very simple structure, rooted in legal basics. The procedural and structural framework for environmental law is provided by administrative law, supplemented in a few areas like Superfund by ordinary civil …
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CONTINUE READINGFaculty Openings in Environmental Law
Some schools are still formulating their hiring plans, but others are clearly in the market.
Ax in past years, I’ve been collecting information about faculty openings in environmental, natural resources, and energy law. I’ll update this as I receive more information. Here’s what I’ve got so far: University of Delaware is seeking a Distinguished Named Professorship in Energy and the Environment. Environmental law scholars are encouraged to apply (UD has …
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CONTINUE READINGCan We Trust the Science? The Challenge of Irreproducible Results
In the peer review process, articles submitted to scientific journals are sent to experts in the field who then assess the methodology, results and conclusions. Based on their feedback, authors often revise and re-submit, publishing an improved article as a result. Peer reviewers rarely attempt the actual experiments described in the paper. Irreproducible results are …
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CONTINUE READINGThe Horse Manifesto
“The Law of the Horse” is a disparaging term for a legal field. We should embrace it.
It’s fairly common to refer to environmental law or energy law as being like the Law of the Horse – implying that they are somewhat ersatz legal fields. For those who are not familiar with the reference, The Law of the Horse was apparently the title of a legal treatise that collected all the cases …
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CONTINUE READINGA (Sometimes) Beautiful Equilibrium
John Nash’s contribution to game theory illuminates environmental issues.
John Nash and his wife died yesterday in a cab crash while returning from a trip to Norway to receive a major mathematical prize. He is best known to the public because of the movie “A Beautiful Mind”, which described his struggle with mental illness. His concept of the Nash Equilibrium is basic to a …
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CONTINUE READINGRequiem for a Bottom-Feeder
UCLA’s Don Shoup Has Transformed Urban Planning
Every scholar wants to do good, productive, important work, but I suppose all us secretly would like to redefine our fields — to go down in academic history, so to speak. Virtually none of us do. But UCLA’s Don Shoup, who is retiring this year from the Urban Planning department, is one who has. And …
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CONTINUE READINGThe Unreasonable Risk of TSCA Reform
Caught Between a Rock and a Hard Place
The Frank R. Lautenberg Chemical Safety for the 21st Century Act is no doubt generating significant conflict, including claims of undue industry influence, competing bills from prominent members of the same party, consternation among states, and divisions among health and environmental groups. And it may also be the closest we have gotten to TSCA reform—ever. …
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CONTINUE READINGIs Laurence Tribe a Sellout?
Actually, No
Ann’s excellent post concerning Jody Freeman and Richard Lazarus’ evisceration of Laurence Tribe raises an important question: why on earth would Tribe make such patently absurd arguments? Ann delicately suggests that the money Tribe is getting from fossil fuel interests may have “addled his judgment.” I’m not so sure. Obviously, we can’t put the man …
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