The Jurisdynamics of Environmental Protection: Change and the Pragmatic Voice in Environmental LawEnvironmental Law Institute, 2003 - 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 |