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This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.
Sacramento, California, has grown literally at the edge of the Sacramento and American Rivers and for 150 years has struggled to protect itself from periodic floods by employing structural and land management measures. Much of the population lives behind levees, and most of the city's downtown business and government area is vulnerable to flooding. A major flood in 1986 served as impetus for efforts by federal, state, and local entities to identify an acceptable and feasible set of measures to increase Sacramento's level of safety from American River floods. Numerous options were identified in 1991 by the U.S. Army Corps of Engineers (USACE) in a report known as the American River Watershed Investigation. Due to the controversial nature of many of the alternatives identified in that report, study participants were not able to reach consensus on any of the flood control options. In response, the Congress directed the USACE to reevaluate available flood control options and, at the same time, asked the USACE to engage the National Research Council (NRC) as an independent advisor on these difficult studies. In 1995 NRC's Committee on Flood Control Alternatives in the American River Basin issued Flood Risk Management and the American River Basin: An Evaluation. This report outlined an approach for improving the selection of a flood risk reduction strategy from the many available.
This conference brought together scientists and managers from government, universities, and private organizations to examine the biological diversity and management challenges of the unique "sky island" ecosystems of the mountains of the southwestern U.S. and northwestern Mexico. Session topics included: floristic resources, plant ecology, vertebrates, invertebrates, hydrology and riparian systems, aquatic resources, fire, conservation and management, human uses through time, and visions for the future. Illustrated.
A Natural History of the New World traces the evolution of plant ecosystems, beginning in the Late Cretaceous period and ending in the present, charting their responses to changes in geology and climate.