A Grizzly Battle: Government Agencies, Endangered Species, and the U.S. Legal System

2015 ◽  
pp. 192-204
Keyword(s):  
Endangered Species ◽  
Legal System ◽  
Government Agencies ◽  
The U.S

scholarly journals The Selection of Litigation against Government Agencies: Evidence from China

2017 ◽  
Vol 13 (3) ◽  
Author(s):  
Wei Cui ◽  
Zhiyuan Wang
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Sufficient Evidence ◽  
Government Agencies ◽  
Selection Effects ◽  
Administrative Litigation ◽  
Selection Theory ◽  
The U.S ◽  
Selection Of

AbstractWe test the relevance of the selection theory of litigation in a contemporary, civil law setting, using Chinese judicial data that span 25 years regarding lawsuits against government agencies. Civil law systems may be characterized by lower costs of litigation and lower rates of settlement than the U.S. legal system, and therefore the presence of selection effects cannot be assumed. We show that selection effects are indeed manifest in Chinese administrative litigation, and suggest that this may be explained by hidden or intangible litigation costs. Our test for selection effects builds on the approach of previous U.S. studies and potentially allows the identification of selection effects to help improve inferences from decided cases. Finally, we examine patterns of settlement and plaintiff wins in pre-litigation administrative appeals in China, and do not find sufficient evidence for selection effects in this process. This could potentially be explained if most appellants pursuing administrative appeals do not intend to litigate.

scholarly journals Missing, delayed, and old: The status of ESA recovery plans

2018 ◽  
Author(s):  
Jacob Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Planning Process ◽  
Government Agencies ◽  
Recovery Planning ◽  
The Past ◽  
Threatened And Endangered Species ◽  
The Status ◽  
Using Data ◽  
Taxonomic Groups ◽  
The U.S

Recovery planning is an essential part of implementing the U.S. Endangered Species Act (ESA), but conservationists and government agencies recognize challenges with the current planning process. Using data from all U.S. domestic and transboundary ESA-listed species, we quantify the completeness, timeliness, age, and other variation among ESA recovery plans over the past 40 years. We show that nearly 1/4 of eligible listed taxa (n = 1,548) lack final recovery plans; half of plans have taken >5 years to finalize after listing; half of recovery plans are more than 20 years old; and there is significant variation between agencies and among regions and taxonomic groups in planning. These results are not unexpected given dwindling budgets and an increasing number of species requiring protection, but underscore the need for systematic improvements to recovery planning. We discuss solutions—some already underway—that may address some of the shortcomings and help improve recovery action implementation for threatened and endangered species.

scholarly journals Missing, delayed, and old: The status of ESA recovery plans

2018 ◽  
Author(s):  
Jacob Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Planning Process ◽  
Government Agencies ◽  
Recovery Planning ◽  
The Past ◽  
Threatened And Endangered Species ◽  
The Status ◽  
Using Data ◽  
Taxonomic Groups ◽  
The U.S

Recovery planning is an essential part of implementing the U.S. Endangered Species Act (ESA), but conservationists and government agencies recognize challenges with the current planning process. Using data from all U.S. domestic and transboundary ESA-listed species, we quantify the completeness, timeliness, age, and other variation among ESA recovery plans over the past 40 years. Among eligible listed taxa (n = 1,548), nearly 1/4 lack final recovery plans; half of plans have taken >5 years to finalize after listing; half of recovery plans are more than 20 years old; and there is significant variation in planning between agencies, and among regions and taxonomic groups. These results are not unexpected given dwindling budgets and an increasing number of species requiring protection, but underscore the need for systematic improvements to recovery planning. We discuss solutions—some already underway—that may address some of the shortcomings and help improve recovery action implementation for threatened and endangered species.

scholarly journals Missing, delayed, and old: The status of ESA recovery plans

2018 ◽  
Author(s):  
Jacob Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Planning Process ◽  
Government Agencies ◽  
Recovery Planning ◽  
The Past ◽  
Threatened And Endangered Species ◽  
The Status ◽  
Using Data ◽  
Taxonomic Groups ◽  
The U.S

Recovery planning is an essential part of implementing the U.S. Endangered Species Act (ESA), but conservationists and government agencies recognize challenges with the current planning process. Using data from all U.S. domestic and transboundary ESA-listed species, we quantify the completeness, timeliness, age, and other variation among ESA recovery plans over the past 40 years. Among eligible listed taxa (n = 1,548), nearly 1/4 lack final recovery plans; half of plans have taken >5 years to finalize after listing; half of recovery plans are more than 20 years old; and there is significant variation in planning between agencies, and among regions and taxonomic groups. These results are not unexpected given dwindling budgets and an increasing number of species requiring protection, but underscore the need for systematic improvements to recovery planning. We discuss solutions—some already underway—that may address some of the shortcomings and help improve recovery action implementation for threatened and endangered species.

scholarly journals Missing, delayed, and old: The status of ESA recovery plans

2018 ◽  
Author(s):  
Jacob Malcom ◽  
Ya-Wei Li
Keyword(s):  
Endangered Species ◽  
Planning Process ◽  
Government Agencies ◽  
Recovery Planning ◽  
The Past ◽  
Threatened And Endangered Species ◽  
The Status ◽  
Using Data ◽  
Taxonomic Groups ◽  
The U.S

Recovery planning is an essential part of implementing the U.S. Endangered Species Act (ESA), but conservationists and government agencies recognize challenges with the current planning process. Using data from all U.S. domestic and transboundary ESA-listed species, we quantify the completeness, timeliness, age, and other variation among ESA recovery plans over the past 40 years. Among eligible listed taxa (n = 1,548), nearly 1/4 lack final recovery plans; half of plans have taken >5 years to finalize after listing; half of recovery plans are more than 20 years old; and there is significant variation in planning between agencies, and among regions and taxonomic groups. These results are not unexpected given dwindling budgets and an increasing number of species requiring protection, but underscore the need for systematic improvements to recovery planning. We discuss solutions—some already underway—that may address some of the shortcomings and help improve recovery action implementation for threatened and endangered species.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

scholarly journals Immunizing the Flock: How the Pandemic Court Rewrote Religious Freedom

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 12
Author(s):  
Paul Baumgardner
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
Religious Freedom ◽  
The United States ◽  
Religious Practices ◽  
The Past ◽  
The U.S

When coronavirus began to descend upon the United States, religious freedom advocates across the country sounded the alarm that citizens’ religious practices and institutions were under threat. Although some of the most extreme arguments championed by these advocates were not validated by our legal system, many were. This article explores the underappreciated gains made by religious freedom advocates before the U.S. Supreme Court over the past year. As a result of the “Pandemic Court”, religious freedom in the United States has been rewritten. This promises to radically change the educational, employment, and health prospects of millions of Americans for the rest of the pandemic and long afterwards.

SUING YOUR PARENTS

PEDIATRICS ◽  
1993 ◽  
Vol 92 (4) ◽  
pp. A78-A78
Author(s):  
B. H.
Keyword(s):  
Legal System ◽  
Foster Parents ◽  
Legal Action ◽  
Lake County ◽  
The Right ◽  
First Time ◽  
The U.S

In a court battle beginning today, a judge will be asked for what is believed to be the first time to determine whether children have the right to take legal action on their own behalf. At the heart of the dispute in a Lake County, Fla., courtroom is a small, bespectacled boy who claims his childhood has been destroyed and who is doing battle with two formidable adversaries: his parents and the U.S. legal system. Gregory K., age 11, (his name is being withheld by the court) has taken the unprecedented step of filing a petition to divorce himself from his parents ... Judge C. Richard Singeltary is being asked to decide whether Gregory has the right to divorce his parents. The court is also being asked to allow Gregory's foster parents—with whom the boy has been living for nine month—to adopt him.

scholarly journals Costs of Biological and Cultural Resource Protection to the U.S. Natural Gas Industry

2020 ◽  
pp. 1-20
Author(s):  
Mitch Kunce
Keyword(s):  
Endangered Species ◽  
Natural Gas ◽  
Jel Classification ◽  
Cultural Resources ◽  
Private Lands ◽  
Gas Industry ◽  
Land Type ◽  
Threatened And Endangered Species ◽  
Natural Gas Industry ◽  
The U.S

Using a unique land transaction from the 1860s in the Western U.S., this paper examines whether the presence of biological and cultural resources on private and federal land increase drilling costs to the U.S. natural gas industry. Our results suggest that the presence of these resources can increase costs, but the effect depends on the land type and which resources are being protected. The presence of threatened and endangered species increase drilling costs significantly on both federal and private lands; whereas the existence of migratory wildlife like elk and pronghorn does not. Cultural resources have a differentiated impact-they raise drilling costs significantly on federal lands, but not on private lands. JEL classification numbers: C23, Q58. Keywords: Endangered Species, U.S. Natural Gas, Cultural Resources, Drilling Costs.

scholarly journals International Law in the US Legal System

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
Foreign Affairs ◽  
Sovereign Immunity ◽  
War Powers ◽  
Jus Cogens ◽  
The U.S

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

Sign in / Sign up

Export Citation Format

Share Document