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Contains chapters by academics, judges and activists on the proposed environmental rights of the citizen.
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
This volume explores the opportunities and challenges facing the accounting profession in an increasingly globalized business and financial reporting environment. It looks back at past experiences of the profession in attempting to meet its public interest obligation. It examines the role and responsibilities of accounting to society including regulatory requirements, increased emphasis on corporate social responsibility, accounting fraud and whistle-blowing implications, internationalization of public interest obligations, and providing the education needed to be successful. The book incorporates an ethical dimension in making these assessments. Its focus is a conceptual, theoretical one drawing on classical philosophy, the sociology of professions, economic theory, and the public interest dimension of accountants as professionals. The authors of papers are long-time contributors to the annual symposium on Research in Accounting Ethics sponsored by the Public Interest Section of the AAA.
Everyone agrees that firms should obey the law. But beyond what the law requires-beyond bare compliance with regulations-do firms have additional social responsibilities to commit resources voluntarily to environmental protection? How should we think about firms sacrificing profits in the social interest? Are they permitted to do so, given their fiduciary responsibilities to their shareholders? Even if permissible, is the practice sustainable, or will the competitive marketplace render such efforts and their impacts transient at best? Furthermore, is the practice, however well intended, an efficient use of social and economic resources? And, as an empirical matter, to what extent do firms already behave this way? Until now, public discussion has generated more heat than light on both the normative and positive questions surrounding corporate social responsibility (CSR) in the environmental realm. In Environmental Protection and the Social Responsibility of Firms, some of the nation‘s leading scholars in law, economics, and business examine commonly accepted assumptions at the heart of current debates on corporate social responsibility and provide a foundation for future research and policymaking.
This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read rather than used as a reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The book is intended for four audiences ? students (both graduate and undergraduate) seeking a readable study guide for their environmental law and policy courses; professors who do not use casebooks (relying on their own materials or case studies) but want an integrating text for their courses or want to include conceptual materials on the major legal issues; and practicing lawyers and environmental professionals who want a concise, readable overview of the field. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. Starting with the first chapter's brief history of environmentalism in America, the second chapter goes on to explore the importance and implications of basic themes that occur in virtually all environmental conflicts, including scientific uncertainty, market failures, problems of scale, public choice theory, etc. It then presents three dominant perspectives in the field that drive policy development ? environmental rights, utilitarianism, and environmental justice. Chapter Three fills in the remaining legal background for understanding environmental protection, reviewing the theory of instrument choice, the basics of administrative law, core concepts in constitutional law (e.g., takings, the commerce clause), and the doctrines associated with how citizen groups shape environmental law (such as standing). The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. International issues such as ozone depletion, climate change, and transboundary waste disposal are also addressed. These chapters build on the themes and conceptual framework laid down in the first part of the text in order to integrate the discussion of individual statutes into a broad portrait of the law.
Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.
Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.
Environmental management involves making decisions about the governance of natural resources such as water, minerals or land, which are inherently decisions about what is just or fair. Yet, there is little emphasis on justice in environmental management research or practical guidance on how to achieve fairness and equity in environmental governance and public policy. This results in social dilemmas that are significant issues for government, business and community agendas, causing conflict between different community interests. Natural Resources and Environmental Justice provides the first comprehensive, interdisciplinary examination of justice research in Australian environmental management, identifying best practice and current knowledge gaps. With chapters written by experts in environmental and social sciences, law and economics, this book covers topical issues, including coal seam gas, desalination plants, community relations in mining, forestry negotiations, sea-level rise and animal rights. It also proposes a social justice framework and an agenda for future justice research in environmental management. These important environmental issues are covered from an Australian perspective and the book will be of broad use to policy makers, researchers and managers in natural resource management and governance, environmental law, social impact and related fields both in Australia and abroad.
The story of the dramatic postwar struggle over the proper role of citizens and government in American society. In the 1960s and 1970s, an insurgent attack on traditional liberalism took shape in America. It was built on new ideals of citizen advocacy and the public interest. Environmentalists, social critics, and consumer advocates like Rachel Carson, Jane Jacobs, and Ralph Nader crusaded against what they saw as a misguided and often corrupt government. Drawing energy from civil rights protests and opposition to the Vietnam War, the new citizens’ movement drew legions of followers and scored major victories. Citizen advocates disrupted government plans for urban highways and new hydroelectric dams and got Congress to pass tough legislation to protect clean air and clean water. They helped lead a revolution in safety that forced companies and governments to better protect consumers and workers from dangerous products and hazardous work conditions. And yet, in the process, citizen advocates also helped to undermine big government liberalism—the powerful alliance between government, business, and labor that dominated the United States politically in the decades following the New Deal and World War II. Public interest advocates exposed that alliance’s secret bargains and unintended consequences. They showed how government power often was used to advance private interests rather than restrain them. In the process of attacking government for its failings and its dangers, the public interest movement struggled to replace traditional liberalism with a new approach to governing. The citizen critique of government power instead helped clear the way for their antagonists: Reagan-era conservatives seeking to slash regulations and enrich corporations. Public Citizens traces the history of the public interest movement and explores its tangled legacy, showing the ways in which American liberalism has been at war with itself. The book forces us to reckon with the challenges of regaining our faith in government’s ability to advance the common good.