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Twenty-five years ago, the Cuyahoga River in Ohio was so contaminated that it caught fire, air pollution in some cities was thick enough to taste, and environmental laws focused on the obvious enemy: large American factories with belching smokestacks and pipes gushing wastes. Federal legislation has succeeded in providing cleaner air and water, but we now confront a different set of environmental problemsless visible and more subtle. This important book offers thought-provoking ideas on how America can respond to changing public health and ecological risks and create sound environmental policy for the future.
The innovative thinkers of the Next Generation Project of the Yale Center for Environmental Law and Policyexperts from business, government, nongovernmental organizations, and academiapropose reforms that balance environmental efforts with other public needs and issues. They call for new foundations for environmental law and policy, adoption of a more diverse set of policy tools and strategies (economic incentives, ecolabels), and new connections between critical sectors (agriculture, energy, transportation, service providers) and environmental policy. Future progress must involve not only officials from the U.S. Environmental Protection Agency and state environmental protection departments, say the authors, but also decision-makers as diverse as mayors, farmers, energy company executives, and delivery route planners. To be effective, next-generation policy-making will view environmental challenges comprehensively, connect academic theory with practical policy, and bridge the gaps that have caused recent policy debates to break down in rancor. This book begins the process of accomplishing these challenging goals.
The innovative thinkers of the Next Generation Project of the Yale Center for Environmental Law and Policyexperts from business, government, nongovernmental organizations, and academiapropose reforms that balance environmental efforts with other public needs and issues. They call for new foundations for environmental law and policy, adoption of a more diverse set of policy tools and strategies (economic incentives, ecolabels), and new connections between critical sectors (agriculture, energy, transportation, service providers) and environmental policy. Future progress must involve not only officials from the U.S. Environmental Protection Agency and state environmental protection departments, say the authors, but also decision-makers as diverse as mayors, farmers, energy company executives, and delivery route planners. To be effective, next-generation policy-making will view environmental challenges comprehensively, connect academic theory with practical policy, and bridge the gaps that have caused recent policy debates to break down in rancor. This book begins the process of accomplishing these challenging goals.
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A path-breaking effort in constitutional theory which brings a new clarity to the interpretation of the Fifth Amendment's just compensation clause. Essential reading for lawyers concerned with environmental regulation or the general development of constitutional doctrine.
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Was the Iran-Contra affair caused by executive lawlessness or legislative folly? Or did it result instead from structural defects in our national security decision-making system? In this important new book, Harold Koh argues that the affair was not aberrational but symptomatic of a chronic dysfunction in America’s foreign policy process. Combining practical knowledge of government with insights from law, history, and political science, Koh presents the definitive historical and constitutional analysis of the Iran-Contra affair, the subsequent investigations, and the trial of Oliver North. He then discusses the implications of the Iran-Contra scandal for the constitutional conduct of national security policy and offers prescriptions to improve this decision-making system.
Koh contends that the Iran-Contra affair arose not from Watergate, as many have claimed, but from Vietnam, for it was only the latest episode in a series of foreign policy decisions made by unrestrained executive discretion. Koh shows that throughout its history America has operated under a ‘National Security Constitution,’ a constitutionally defined national security process that views that administration of foreign affairs as a power shared by the president, Congress, and the courts. Yet the executive branch has increased its role in making foreign policy at the expense of the other branches, placing in jeopardy this vision of constitutional balance. Koh advocates a national security charter to reform the foreign policy-making process and offers innovative proposals about war powers, international agreements, emergency economic powers, intelligence oversight, and information control. His proposals would restrain the executive and restore and reinvigorate the constitutional roles of Congress and the federal judiciary in national security decision-making. This challenging book forces government decision-makers, scholars, and concerned citizens to reexamine the process by which the United States will conduct its foreign affairs into the next century.
Koh contends that the Iran-Contra affair arose not from Watergate, as many have claimed, but from Vietnam, for it was only the latest episode in a series of foreign policy decisions made by unrestrained executive discretion. Koh shows that throughout its history America has operated under a ‘National Security Constitution,’ a constitutionally defined national security process that views that administration of foreign affairs as a power shared by the president, Congress, and the courts. Yet the executive branch has increased its role in making foreign policy at the expense of the other branches, placing in jeopardy this vision of constitutional balance. Koh advocates a national security charter to reform the foreign policy-making process and offers innovative proposals about war powers, international agreements, emergency economic powers, intelligence oversight, and information control. His proposals would restrain the executive and restore and reinvigorate the constitutional roles of Congress and the federal judiciary in national security decision-making. This challenging book forces government decision-makers, scholars, and concerned citizens to reexamine the process by which the United States will conduct its foreign affairs into the next century.
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Although the AIDS epidemic has generated worldwide concern, very little attention has been paid to its impact on the increasing numbers of women who have been infected. Women with HIV disease are in many ways a unique group: their clinical symptoms can differ from those of men, and because they are the ones who bear and usually care for children, they have different psychosocial concerns and needs. This book—written by experts in the fields of law, medicine, nursing, public health, social work, ethics, and psychiatry, and enriched by personal accounts from women who have been living with the disease—is an essential guide to the medical and social treatment of women with HIV.
The book begins by discussing clinical care for women with HIV, providing information on how the disease affects women and what type of gynecological treatment, reproductive counseling, obstetrical management, and neuropsychiatric considerations are important. Authors examine why women have been excluded from research trials of new therapies and argue that women must be included in future trials. One chapter explores ethical issues, such as the reproductive rights of women with HIV, and another is devoted to legal conflicts surrounding such issues as discrimination, government benefits, and custody rights. The final third of the book deals with ways to deliver support services to HIV-positive women and their families and describes a family-centered, community-based, comprehensive care model. The book concludes with suggestions for programs and policies that will lessen the incidence of HIV.
The book begins by discussing clinical care for women with HIV, providing information on how the disease affects women and what type of gynecological treatment, reproductive counseling, obstetrical management, and neuropsychiatric considerations are important. Authors examine why women have been excluded from research trials of new therapies and argue that women must be included in future trials. One chapter explores ethical issues, such as the reproductive rights of women with HIV, and another is devoted to legal conflicts surrounding such issues as discrimination, government benefits, and custody rights. The final third of the book deals with ways to deliver support services to HIV-positive women and their families and describes a family-centered, community-based, comprehensive care model. The book concludes with suggestions for programs and policies that will lessen the incidence of HIV.
