Daniel A Farber
Dados Biográficos
| ID | 1746513 |
|---|---|
| NOME | Daniel A Farber |
| PRENOMES | Daniel A |
| SOBRENOME | Farber |
| ASSINATURA | FARBER D A |
| AFILIAÇÕES | University of California, Berkeley |
| ORCID | 0000-0002-9885-8958 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 31 |
| TOTAL DE CITAÇÕES | 26 |
| TOTAL COMO AUTOR | 31 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1989 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2021 |
| ÍNDICE H | 3 |
Contested Ground
New Challenges for Transnational Environmental Law
This seventh volume of Transnational Environmental Law arrives at a most unusual moment for environmental initiatives worldwide. On the one hand, popular support for environmental care seems strong and stable: substantial constituencies and forceful interest groups have lined up behind efforts to combat the causes and effects of climate change, and many among the world's political, social, and commercial leaders stand firmly, if not altogether en…
Transnational Climate Law
Climate change has been a prime arena for the development of transnational environmental law. Because climate change involves global systems with complex local linkages, the governance regime mixes the local and the global. National governments have taken action unilaterally and have been joined by non-state actors, which include subnational governments, corporations, and non-governmental organizations (NGOs). 1 Subnational governments have also …
Transnational Environmental Law in an Era of Radical Rethinking and Widespread Law Reform
Certain periods in environmental law are characterized by the frenzied development of new norms and legal tools. The development of early domestic and international environmental law in the 1970s, the burst of activity surrounding the Rio Earth Summit in 1992, 1 the unveiling of the United States (US) Clean Power Plan in 2015, 2 and even the rapid negotiation and coming into force of the Paris Agreement 3 exemplify these moments of high-profile d…
The Maturing of Transnational Environmental Law
Just over five years ago, the first issue of Transnational Environmental Law (TEL) was published. At the time, a sense of cautious optimism imbued environmental law and policymaking efforts. There was hope for a new and improved climate change regime; hope for renewed United States (US) leadership on all matters environmental; hope for strong European Union (EU) leadership on multilateral environmental issues, such as climate change and chemical …
Expanding the Scope of Transnational Environmental Law
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Transnational Environmental Law on the Threshold of the Trump Era
Since its inception Transnational Environmental Law (TEL) has focused on the complex web of interactions across national borders in addressing environmental issues, including but going beyond the traditional domain of international environmental law. The content of TEL has been diverse but has encompassed several pervasive themes: mutual influence between legal systems, multilevel integration, regime fragmentation and overlap, and the erosion of …
A Celebration of the Fifth Anniversary of Transnational Environmental Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
The Emergence of New Rights and New Modes of Adjudication in Transnational Environmental Law
The year 2015 ended on a euphoric note for many in the environmental law community. The climate negotiations in Paris (France) in late November and December, proceeding in the face of tragic terrorist attacks in that city only weeks before, yielded an historic agreement that may well serve as the international baseline for decades to come. 1 We suspect that some will regard the 21 st session of the Conference of the Parties (COP-21) to the United…
Legal Formalism
By All Available Means
With international negotiations under way to promulgate the Sustainable Development Goals (SDGs) and a post-2020 climate change agreement anticipated by the end of this year, 2015 promises to be a milestone for environmental governance. The process to develop the SDGs
The Challenge of Keeping Environmental Law Dynamic
Transnational Environmental Law (TEL) emerged at a critical juncture in the evolution of systems of environmental law. At the time of TEL's first issue, in April 2012, the global community was in the throes of assessing the viability and future of the international climate change regime as the first compliance phase of the Kyoto Protocol 1 drew to a close. At around the same time, an international negotiating committee was preparing to meet in or…
Climate Policy and the United States System of Divided Powers
Climate change has pushed governmental authorities within the United States (US) into new routes of national and transnational policy-making. The normal route for national policy-making runs from Congress in setting policy, to the President in agency implementation, to judicial oversight and enforcement. When that route is blocked, however, federalism and the separation of powers provide some byways and detours that may still be used to make prog…
Contesting Assumptions and Unmasking Myths
One of the driving aspirations of Transnational Environmental Law (TEL) is to serve as a platform for challenging the status quo. From its inception, TEL has embraced original scholarship that asks provocative questions and challenges long-standing assumptions, that combines methodological rigour with an openness to new and interdisciplinary approaches, and that seeks to extend the debate beyond mainstream topics and inquiries. The contributors t…
Pursuing Transnational Policy Change
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Norms, Networks, and Markets
True to its mission, the second issue in volume two of Transnational Environmental Law (TEL) delves into the many and varied ways in which environmental governance is evolving beyond the state. The articles in this issue explore topics as diverse as: accountability in interpreting European Union (EU) framework norms; the role of third party actors in combatting transnational environmental crime; the rationales for socially responsible investing; …
Law Beyond Borders
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Transnational Dimensions of Climate Governance
Climate Change as an Arena of Transnational Environmental Law it is fitting that the second issue of Transnational Environmental Law (TEL) focuses on governance and climate change. Transnational environmental law views governance as an outgrowth of local, regional and transboundary communications and pressures. The challenges of transnational governance – and its necessity – are especially clear in the context of climate change. On the one hand, …
The Shock of the Global
Journal Article The Shock of the Global: The 1970s in Perspective. Get access The Shock of the Global: The 1970s in Perspective. Ed. by Niall Ferguson, Charles S. Maier, Erez Manela, and Daniel J. Sargent. (Cambridge: Belknap, 2010. xiv, 434 pp. $29.95, ISBN978-0-674-04904-8.) David Farber David Farber Temple University Philadelphia, Pennsylvania Search for other works by this author on: Oxford Academic Google Scholar Journal of American History,…
Judgment Calls
Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators…
Judgment calls
Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion writing, the use of precedent, the judicial selection proc…
Much Older than the Constitution
The current legal orthodoxy about the nature of the Union holds that the Constitution transformed a loose association of states into a true national government that derived its power directly from the people. This view was recently expressed by the Supreme Court in the Term Limits case, in which Justice Stevens' majority opinion lays out the conventional modern view of state and federal sovereignty. Under the Articles of Confederation, Stevens sa…
Battleground Chicago
Frank Kusch has written a useful, if problematic, book about the clashes between demonstrators and the Chicago police during the 1968 Democratic National Convention. Kusch interviewed numerous retired white Chicago police officers for the project and the book is largely told from their perspective. His goal, he writes, is “to move beyond stereotypical images of Irish, Italian, and Polish cops, ‘storm troopers’ with cigar butts between their teeth…
Toward a New Legal Realism
Greed, chaos, and governance
No Abstact
The Shock of the Global
Journal Article The Shock of the Global: The 1970s in Perspective. Get access The Shock of the Global: The 1970s in Perspective. Ed. by Niall Ferguson, Charles S. Maier, Erez Manela, and Daniel J. Sargent. (Cambridge: Belknap, 2010. xiv, 434 pp. $29.95, ISBN978-0-674-04904-8.) David Farber David Farber Temple University Philadelphia, Pennsylvania Search for other works by this author on: Oxford Academic Google Scholar Journal of American History,…
Telling Stories out of School
Transnational Dimensions of Climate Governance
Climate Change as an Arena of Transnational Environmental Law it is fitting that the second issue of Transnational Environmental Law (TEL) focuses on governance and climate change. Transnational environmental law views governance as an outgrowth of local, regional and transboundary communications and pressures. The challenges of transnational governance – and its necessity – are especially clear in the context of climate change. On the one hand, …
Transnational Environmental Law on the Threshold of the Trump Era
Since its inception Transnational Environmental Law (TEL) has focused on the complex web of interactions across national borders in addressing environmental issues, including but going beyond the traditional domain of international environmental law. The content of TEL has been diverse but has encompassed several pervasive themes: mutual influence between legal systems, multilevel integration, regime fragmentation and overlap, and the erosion of …
Climate Policy and the United States System of Divided Powers
Climate change has pushed governmental authorities within the United States (US) into new routes of national and transnational policy-making. The normal route for national policy-making runs from Congress in setting policy, to the President in agency implementation, to judicial oversight and enforcement. When that route is blocked, however, federalism and the separation of powers provide some byways and detours that may still be used to make prog…
Transnational Climate Law
Climate change has been a prime arena for the development of transnational environmental law. Because climate change involves global systems with complex local linkages, the governance regime mixes the local and the global. National governments have taken action unilaterally and have been joined by non-state actors, which include subnational governments, corporations, and non-governmental organizations (NGOs). 1 Subnational governments have also …
Environmentalism, Economics, and the Public Interest
Sagoff and Tribe agreed in rejecting utilitarianism, but disagreed sharply in their rationales.2. Briefly, a government action is economically efficient if its benefits exceed its costs in monetary terms, so that the beneficiaries could afford to compensate the losers and still remain ahead of the game.3. The Reagan Administration's efforts to mandate cost-benefit analysis are discussed in Cass Sunstein, Constitutionalism After the New Deal, 101 …
Telling Stories out of School
The 200,000 Cards of Dimitri Yurasov
Last April, Professors Daniel Farber and Suzanna Sherry published a critique in these pages of the legal storytelling movement. Their legal position has been the subject of several responses, including an essay by Professor William Eskridge in this issue. In reply, Professors Farber and Sherry challenge their critics' reliance on postmodern views such as social constructionism. Social constructionism, according to Farber and Sherry, embraces form…
Stretching the Margins
In environmental law, a recurring issue involves the geographic nexus-the connection required to give an individual or government a legitimate interest in an environmental problem in a given locale.The nexus issue arises in a broad range of contexts, from standing decisions such as Defenders and National Wildlife Federation, to Dormant Commerce Clause decisions and their relatives in GATT and ECJ jurisprudence.In Part I, the author explores the u…
Stretching the Adjudicative Paradigm
Reviews the book 'Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons,' by Malcolm Feeley and Edward Rubin
Stretching the Adjudicative Paradigm
In Judicial Policy Making and the Modem State, Malcolm Feeley and Edward Rubin challenge the conventional wisdom regarding the judicial role. They contend that policymaking is a major-and legitimate-part of the judiciary's work. Rather than focusing on the individual judge working in isolation, they view the judiciary as inherently a multimember institution. Their thesis is that the need for coordination among judges imposes constraints on the ju…
Greed, chaos, and governance
No Abstact
Toward a New Legal Realism
Battleground Chicago
Frank Kusch has written a useful, if problematic, book about the clashes between demonstrators and the Chicago police during the 1968 Democratic National Convention. Kusch interviewed numerous retired white Chicago police officers for the project and the book is largely told from their perspective. His goal, he writes, is “to move beyond stereotypical images of Irish, Italian, and Polish cops, ‘storm troopers’ with cigar butts between their teeth…
Much Older than the Constitution
The current legal orthodoxy about the nature of the Union holds that the Constitution transformed a loose association of states into a true national government that derived its power directly from the people. This view was recently expressed by the Supreme Court in the Term Limits case, in which Justice Stevens' majority opinion lays out the conventional modern view of state and federal sovereignty. Under the Articles of Confederation, Stevens sa…
Judgment Calls
Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? Our Constitution contains a great deal of language that is vague, broad, or ambiguous, making its meaning uncertain. Many people believe this uncertainty allows judges too much discretion. They suggest that constitutional adjudication is just politics in disguise, and that judges are legislators…
Judgment calls
Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution? In exploring how constitutional adjudication works in practice (and how it can be made better), Farber and Sherry cover a wide range of topics that are relevant to their thesis and also independently important, including judicial opinion writing, the use of precedent, the judicial selection proc…
The Shock of the Global
Journal Article The Shock of the Global: The 1970s in Perspective. Get access The Shock of the Global: The 1970s in Perspective. Ed. by Niall Ferguson, Charles S. Maier, Erez Manela, and Daniel J. Sargent. (Cambridge: Belknap, 2010. xiv, 434 pp. $29.95, ISBN978-0-674-04904-8.) David Farber David Farber Temple University Philadelphia, Pennsylvania Search for other works by this author on: Oxford Academic Google Scholar Journal of American History,…
Law Beyond Borders
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Transnational Dimensions of Climate Governance
Climate Change as an Arena of Transnational Environmental Law it is fitting that the second issue of Transnational Environmental Law (TEL) focuses on governance and climate change. Transnational environmental law views governance as an outgrowth of local, regional and transboundary communications and pressures. The challenges of transnational governance – and its necessity – are especially clear in the context of climate change. On the one hand, …
Norms, Networks, and Markets
True to its mission, the second issue in volume two of Transnational Environmental Law (TEL) delves into the many and varied ways in which environmental governance is evolving beyond the state. The articles in this issue explore topics as diverse as: accountability in interpreting European Union (EU) framework norms; the role of third party actors in combatting transnational environmental crime; the rationales for socially responsible investing; …
Climate Policy and the United States System of Divided Powers
Climate change has pushed governmental authorities within the United States (US) into new routes of national and transnational policy-making. The normal route for national policy-making runs from Congress in setting policy, to the President in agency implementation, to judicial oversight and enforcement. When that route is blocked, however, federalism and the separation of powers provide some byways and detours that may still be used to make prog…
Contesting Assumptions and Unmasking Myths
One of the driving aspirations of Transnational Environmental Law (TEL) is to serve as a platform for challenging the status quo. From its inception, TEL has embraced original scholarship that asks provocative questions and challenges long-standing assumptions, that combines methodological rigour with an openness to new and interdisciplinary approaches, and that seeks to extend the debate beyond mainstream topics and inquiries. The contributors t…
Pursuing Transnational Policy Change
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Legal Formalism
By All Available Means
With international negotiations under way to promulgate the Sustainable Development Goals (SDGs) and a post-2020 climate change agreement anticipated by the end of this year, 2015 promises to be a milestone for environmental governance. The process to develop the SDGs
The Challenge of Keeping Environmental Law Dynamic
Transnational Environmental Law (TEL) emerged at a critical juncture in the evolution of systems of environmental law. At the time of TEL's first issue, in April 2012, the global community was in the throes of assessing the viability and future of the international climate change regime as the first compliance phase of the Kyoto Protocol 1 drew to a close. At around the same time, an international negotiating committee was preparing to meet in or…
A Celebration of the Fifth Anniversary of Transnational Environmental Law
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
The Emergence of New Rights and New Modes of Adjudication in Transnational Environmental Law
The year 2015 ended on a euphoric note for many in the environmental law community. The climate negotiations in Paris (France) in late November and December, proceeding in the face of tragic terrorist attacks in that city only weeks before, yielded an historic agreement that may well serve as the international baseline for decades to come. 1 We suspect that some will regard the 21 st session of the Conference of the Parties (COP-21) to the United…
The Maturing of Transnational Environmental Law
Just over five years ago, the first issue of Transnational Environmental Law (TEL) was published. At the time, a sense of cautious optimism imbued environmental law and policymaking efforts. There was hope for a new and improved climate change regime; hope for renewed United States (US) leadership on all matters environmental; hope for strong European Union (EU) leadership on multilateral environmental issues, such as climate change and chemical …
Political science (29 obras) · Law (24 obras) · Law and economics (16 obras) · Environmental law and policy (15 obras) · Sociology (15 obras) · Mathematics (10 obras) · International Environmental Law and Policies (9 obras) · Law (9 obras) · Computer Science (8 obras) · Environmental law (8 obras)