Suchergebnisse

Chapter 1: Introduction -- Chapter 2: Pollution and Natural Rights – Billy Christmas -- Chapter 3: Do Libertarians Have Anything Useful to Contribute to Climate Change Policy? -- Chapter 4: Climate Change Adaptation through the Prism of Individual Rights -- Chapter 5: Common Law Tort as a Transitional Regulatory Regime -- Chapter 6: Libertarianism, Pollution and the Limits of Court Adjudication -- Chapter 7: Complexities of Climate Governance in Multidimensional Property Regimes -- Chapter 8: Climate Change & Class Actions -- Chapter 9: Nature and the Firm -- Chapter 10: Permission, Prohibition & Dynamism -- Chapter 11: Market Solutions to Large Number Environmental Problem-Induced Changes in Risk Distributions -- Chapter 12: A Classical Liberal Case for Target-Consistent Carbon Pricing -- Chapter 13: Climate Change, Political Economy, and the Problem of Comparative Institutions Analysis -- Chapter 14: The Social Cost of Carbon, Humility, and Overlapping Consensus on Climate Policy. .

Intro -- Acknowledgments -- Contents -- Notes on Contributors -- List of Figures -- List of Tables -- Introduction -- Conventional Environmental Protection -- Classical-Liberal Environmental Protection -- The Problem of Pollution -- The Climate Challenge -- Climate Liberalism -- Conclusion -- Notes -- Pollution and Natural Rights -- Introduction -- Natural Rights Theory -- Pollution and Natural Rights -- The Efficiency Objection -- The Liberty Objection -- Conventionality -- The Efficiency Objection, Redux -- Conclusion -- Notes -- Do Libertarians Have Anything Useful to Contribute to Climate Change Policy? -- Introduction -- The Varieties of Libertarian Environmental and Climate Policies -- Libertarian Dissensus -- Libertarian Climate Policies -- Pure Property-Based Environmental and Climate Policies -- Property-Based Plus Limited Government Action -- Special Problems of Climate Change for Free Market Environmentalism -- Problems for Common-Law Property-Based Solutions -- Problems for "Market-Based" Regulatory Instruments -- Implications and Conclusion -- Notes -- Climate Change Adaptation Through the Prism of Individual Rights -- Introduction -- Property Owners' Takings Claims Based on Adaptation Regulation -- Takings Doctrine in Brief -- Inequality, Causation, and Property Owners' Takings Claims -- Governments Suing Energy Companies for Adaptation Costs in Public Nuisance -- The Notice/Causation Nexus -- Conclusion -- Notes -- Common Law Tort as a Transitional Regulatory Regime: A New Perspective on Climate Change Litigation -- Introduction -- Tort Law in the Administrative State: A Dynamic, Information-Forcing, Experimentation Model of Common Law Tort as a Transitional Regulatory Regime -- Climate Change Litigation: Laying a Foundation for Experimentation with Adaptation Measures.

Introduction: Our federalism on drugs / Jonathan H. Adler -- Public opinion and America's experimentation with cannabis reform / John Hudak and Christine Stenglein -- The effect of state marijuana legalizations : an update / Angela Dills, Sietse Goffard, and Jeffrey Miron -- The smoke next time : nullification, commandeering, and the future of marijuana regulation / Ernest A. Young -- State marijuana reforms and the lingering shadow of preemption / Robert A. Mikos -- Federal nonenforcement : a dubious precedent / Zachary S. Price -- Banks and the marijuana industry / Julie Andersen Hill -- Legal advice for marijuana business entities / Cassandra Burke Robertson -- The contingent federal power to regulate marijuana / William Baude.

On marijuana, there is no mutual federal-state policy; will this cause federalism to go up in smoke? More than one-half the 50 states have legalized the use of marijuana at least for medical purposes, and about a dozen of those states have gone further, legalizing it for recreational use. Either step would have been almost inconceivable just a couple decades ago. But marijuana remains an illegal "controlled substance" under a 1970 federal law, so those who sell or grow it could still face federal prosecution. How can state and federal laws be in such conflict? And could federal law put the new state laws in jeopardy at some point? This book, an edited volume with contributions by highly regarded legal scholars and policy analysts, is the first detailed examination of these and other questions surrounding a highly unusual conflict between state and federal policies and laws. Marijuana Federalism surveys the constitutional issues that come into play with this conflict, as well as the policy questions related to law enforcement at the federal versus state levels. It also describes specific areas--such as banking regulations--in which federal law has particularly far-reaching effects. Readers will gain a greater understanding of federalism in general, including how the division of authority between the federal and state governments operates in the context of policy and legal disputes between the two levels. This book also will help inform debates as other states consider whether to jump on the bandwagon of marijuana legalization.

Is the Roberts Court 'pro-business'? If so, what does this mean for the law and the American people? 'Business and the Roberts Court' provides a critical analysis of the Court's business-related jurisprudence, combining a series of empirical and doctrinal analyses of how the Roberts Court has treated business and business law.