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Collaborative Governance Under the Endangered Species Act: An Empirical Analysis of Protective Regulations
Get PDFRecent conservation and administrative law scholarship emphasizes the need for potential legal adversaries to work together. Stakeholders and regulators can pool their political capital, money, property, expertise, and legal leverage to achieve more than could be accomplished through mere mechanical implementation of statutory commands. Most commentators associate collaboration with programs promoting fuzzy objectives to engage the public and advisory groups.
The Endangered Species Act (ESA) is a polarizing statute that imposes seemingly uncompromising mandates. But this Article demonstrates that the ESA actually provides rich opportunities for collaborative governance. In exploring this underappreciated success story, we document how conservation collaboration adapts otherwise strict, generic prohibitions to the recovery needs of individual species on the brink of extinction. We identify conditions under which collaboration arises.
This Article examines the nearly two hundred ESA protective regulations that tailor federal restrictions to the ecological and social circumstances of particular extinction threats. Our original empirical study explores how the rules manifest collaborative governance, as well as the extent to which they foster imperiled species recovery. We focus on provisions in which parties agree to constrain activities in exchange for limited statutory liability. Almost threequarters of the protective regulations substitute practice-based limitations for difficult-to-detect, proximate-effect prohibitions.
Our results show that collaborative governance transforms the ESA from a statute prohibiting certain outcomes (such as harm or jeopardy to a species) to a regulatory program implementing collaboratively crafted best practices, along the lines of pollution-control statutes. Paradoxically, this shift may improve the prospect for species recovery, even with regulations that are less stringent than the standard statutory prohibitions. This insight allows us to recommend mechanisms for constructing better regulations and suggest avenues for future research
Legal Protection for the Individual Employee, 6th ed.
No full textThis book is intended for courses on the individual rights of workers in the employment relationship, independent of courses on the law governing collective bargaining or employment discrimination. It can be used for one three credit survey course on employment law, or for two related courses on employment law and employee benefits, each of two credits. The book covers the full range of employment law subjects from the nature of the employment relationship, the definition of employee , pre-employment screening, individual employment contracts, the employment at-will doctrine, exceptions to the employment at–will doctrine, obligations of employees, monitoring and control of employees, the regulation of pay and hours of work (FLSA), state and federal regulation of workers compensation, unemployment compensation, the regulation of occupational safety and health (OSHA), state and federal regulation of unemployment compensation, and the regulation of employee benefits (ERISA).
The book has been substantially updated from the last issue. The first four chapters have been substantially rewritten to simplify the introductory discussion of the nature of the employment relationship and the recent changes that have occurred due to the adoption of new information technology and globalization. The book has also been updated to include more detailed discussions of the impact of the Affordable Care Act (ACA) and the legislative responses to the Covid-19 pandemic. Where appropriate, the book presents interdisciplinary discussions of employment law problems from historical, economic and industrial relations perspectives. All of these interdisciplinary discussions have been updated to reflect the most recent academic work. Efforts were also made to include relevant empirical evidence on the common practices of employers and important employment law questions. All of these empirical references have been updated to reflect the most recent available data. A recurring theme in the book, especially in the introductory chapter and the chapters on individual employment contracts and privacy, is the historical tension in the United States between legal ideologies of “free labor,” i.e., of the law as supporting a notion of labor that is free to contract for any employer imposed restraints or of the law as supporting a notion of labor that is free even from some unreasonable employer demands, with an eye towards equality and fairness. Another recurring theme in the book is when and how is it desirable to intervene in the labor market to address market failures to promote greater income equality, workplace health and safety, unemployment insurance, healthcare insurance, retirement income security and respect for human dignity.https://www.repository.law.indiana.edu/facbooks/1264/thumbnail.jp
Fifty Years at the US Environmental Protection Agency: Progress, Retrenchment, and Opportunities
No full textIn conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.https://www.repository.law.indiana.edu/facbooks/1266/thumbnail.jp
Soft Targets: Emotions in the Passage of Stand Your Ground Legislation
No full textProfessor Madeira\u27s contribution to this volume is chapter 27 Soft Targets: Emotions in the Passage of \u27Stand Your Ground\u27 Legislation . Professor Madeira is also an editor of the volume.https://www.repository.law.indiana.edu/facbooks/1271/thumbnail.jp
Corporatizing Administrative Law for Economic Constitutionalism in Ghana: An African Legal Study
Get PDFAs the Government of Ghana partners the private sector to promote district industrialization in Ghana under what is locally called “one-district-one factory” (1D1F), this study argues that it is important to foster economic constitutionalism with legal and institutional innovations. One such innovation is this study’s emergent or grounded theory of corporatized administrative law. The study is unique because it contributes to the so-called new administrative law theory with fresh evidence from Ghana on the interface between the public and private sectors under the district industrialization program. The key problem is the challenge that democratic policy discontinuity poses to business protection in Ghana. Hence, the study set out to explore the legal protection of businesses against politics in Ghana by utilizing an embedded single case study qualitative research design. Unsurprisingly, the findings turned out to partly confirm the preliminary idea that Ghana needs to codify its administrative procedure law system. Thus, respondents were evenly divided on the need for an administrative procedure legislation in Ghana. But interestingly, the dissenters, generally gradualist in outlook, did not seem opposed to such a policy supply in the future. And it is evident from the findings that the district industrialization program has brought the private sector to the Ghanaian public sector with some prominence. Therefore, the study logically concludes that Ghana’s privatized public ought to be bolstered with rule-making and adjudicative powers by corporatizing administrative law. To this end, a comparative analysis of administrative law in the US and UK is undertaken to gauge the reality of corporatized administrative law in Anglo-American legal tradition
Failure to Contribute: An Estimate of the Consequences of Non- and Underpayment of Self-Employment Taxes by Independent Contractors and On-Demand Workers on Social Security
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The Settlement Trap
Get PDFMass tort victims often wait years for resolution of their personal injury claims, but many who successfully navigate this arduous process will not receive a single dollar of their settlement award. According to applicable bankruptcy and state law, settlement payments may be an asset of the estate that the trustee, exercising its significant authority, administers and distributes to creditors instead of a claimant who had filed for bankruptcy. This distribution power maximizes repayment, a critical counterbalance to the robust protections and benefits that debtors receive in bankruptcy.
Setting aside the perceived unfairness of taking desperately needed money from tort victims, there is something fundamentally unsettling about the process by which bankruptcy law ensnares payment of mass tort settlements. This Article is the first to identify the problem, which it dubs the “settlement trap.” Claimants in the settlement trap must seek relief from the mass tort claims administrator, the trustee, and potentially the bankruptcy court, facing costs and legal challenges at each turn. This Article explores the developing law surrounding treatment of mass tort settlements in consumer bankruptcy and identifies structural and doctrinal pressure points that impose significant confusion and costs on claimants. It supplements legal analysis with original interviews of stakeholders in the ongoing NFL concussion and pelvic mesh cases, case studies that highlight the peculiar mix of incentives that impact whether claimants receive their settlements and illustrate the potential for abuse. Finally, the Article offers a blueprint for reform