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Preface | |
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Acknowledgments | |
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The American Legal System | |
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Sources of Law | |
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The Common Law | |
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Statutes and Ordinances | |
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Rules and Regulations | |
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Cover Crops | |
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The Constitution | |
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Judicial Decisionmaking | |
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Statutory Interpretation | |
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Judicial Precedents | |
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Application of Constitutional Principles | |
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Bird's Eye View | |
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Federalism | |
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Case Study: Tangier Sound (1982) | |
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Suggested Reading | |
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Notes | |
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Environmentalism in the United States | |
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Beginnings: The 1960s | |
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National Environmental Policy Act | |
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The Environmental Decade: The 1970s | |
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Environmental Action in the 1980s | |
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Sealing the Century: The 1990s | |
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George W. Bush | |
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Challenges to Old Environmentalism | |
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Suggested Reading | |
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Notes | |
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The Public Policy Process | |
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Types of Public Policy | |
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Distributive Policy | |
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Protective Regulatory Policy | |
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Redistributive Policy | |
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Competitive Regulatory Policy | |
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The Public Policy Process: Introduction | |
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Agenda Setting | |
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Systemic and Institutional Agendas | |
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Reaching the Institutional Agenda | |
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Policy Formulation and Legitimation | |
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Problem Definition | |
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Formulation | |
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Touch-and-Go | |
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Legitimation | |
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Implementation | |
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Bureaucratic Resources | |
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Administrative Discretion | |
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Variables Affecting Implementation | |
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Implementing Environmental Policy | |
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Evaluation | |
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Suggested Reading | |
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Notes | |
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Legal Concepts in Environmental Law | |
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Understanding Case Law | |
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Briefing a Case | |
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Example of Law School Brief | |
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Due Process | |
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Procedural Due Process | |
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Substantive Due Process | |
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The "Due Process Explosion" | |
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Standing | |
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Animal Watchers Abroad | |
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Common Law: Nuisance, Property, and Public Trust | |
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Nuisance | |
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Shake, Rattle, and...Boom | |
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Property | |
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Origins of Land Use Control | |
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Eminent Domain | |
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Playing Chicken | |
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Zoning | |
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Regulation versus Taking | |
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Redistributing Paradise | |
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Public Trust Doctrine | |
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Suggested Reading | |
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Notes | |
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Pollution Control and Hazardous and Toxic Substances | |
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The Administrative Procedure Act | |
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Rulemaking | |
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Types of Rules | |
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Rulemaking Procedures | |
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Benefit-Cost Analysis | |
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Administrative Adjudication | |
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Judicial Review | |
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Air Pollution | |
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Buying the Right to Pollute | |
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Blowing Smoke | |
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Water Pollution | |
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Moving Violations | |
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Hazardous and Toxic Substances | |
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Federal Insecticide, Fungicide and Rodenticide Act of 1947 | |
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Birds and Birdies | |
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Resource Conservation and Recovery Act (1976) | |
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The Foolish Trucker | |
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Toxic Substances Control Act (1976) | |
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Superfund (1980) and SARA (1986) | |
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Dead Batteries | |
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The Future | |
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Suggested Reading | |
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Notes | |
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Managing Wildlife and Public Lands | |
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Federal-State Cooperative Wildlife Management | |
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The Rise and Fall of the State Ownership Doctrine | |
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Treaty Power | |
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Federal Property Power | |
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Commerce Clause | |
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The Price of Hunting Elk | |
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Federal Aid in Wildlife Restoration (Pittman-Robertson) Act | |
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Federal Aid in Sport Fish Restoration (Dingell-Johnson) Act | |
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Other Federal-State Programs | |
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Federal Wildlife Programs | |
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Regulating the Taking of Wildlife | |
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Migratory Bird Legislation | |
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Bald and Golden Eagle Protection Act | |
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High Wire Act | |
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Wild Free-Roaming Horse and Burro Act | |
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Who Owns the Burros? | |
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Regulating Commerce in Wildlife | |
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Conservation of Endangered Species | |
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Don't Feed the Bears | |
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Marine Mammal Protection Act | |
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Federal Acquisition and Management of Wildlife Habitat | |
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National Wildlife Refuge System | |
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Multiple-Use Lands | |
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Special Purpose Lands | |
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Public Lands | |
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Acquisition | |
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Disposal | |
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Reservation | |
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Custodial and Intensive Management | |
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Consultation and Confrontation | |
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Suggested Reading | |
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Notes | |
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International Environmental Policy and Law | |
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International Organizations | |
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The United Nations | |
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Nongovernmental Organizations | |
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International and Global Commons | |
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Property Rights and Regimes | |
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Oceans | |
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Living Resources | |
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Fishy Tales | |
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Marine Pollution | |
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Atmosphere | |
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Acid Deposition | |
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Ozone Depletion | |
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Climate Change | |
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Suggested Reading | |
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Notes | |
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Afterword | |
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Finding Case Law | |
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Glossary | |
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Acronyms | |
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List of Cases | |
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Legislation | |
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Bibliography | |
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Index | |