BiblioVault - Books about Implementing

Implementing the Constitution

Richard H. Fallon Jr.

Harvard University Press

This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises.

In emphasizing the Court's responsibility to make practical judgments, Implementing the Constitution takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle.

Implementing the Constitution bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.

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Implementing the Endangered Species Act on the Platte Basin Water Commons

David M. Freeman

University Press of Colorado, 2010

Water users of the Platte River Basin have long struggled to share this scarce commodity in the arid high plains, ultimately organizing collectively owned and managed water systems, allocating water along extensive stream systems, and integrating newer groundwater with existing surface-water uses. In 1973, the Endangered Species Act brought a new challenge: incorporating the habitat needs of four species-the whooping crane, piping plover, least tern, and pallid sturgeon-into its water-management agenda.

Implementing the Endangered Species Act on the Platte Basin Water Commons tells of the negotiations among the U.S. Department of the Interior, the environmental community, and the states of Wyoming, Colorado, and Nebraska that took place from the mid-1970s to 2006. Ambitious talks among rival water users, environmentalists, state authorities, and the Department of the Interior finally resulted in the Platte River Habitat Recovery Program.

Documenting how organizational interests found remedies within the conditions set by the Endangered Species Act, describing how these interests addressed habitat restoration, and advancing sociological propositions under which water providers transcended self-interest and produced an agreement benefiting the environment, this book details the messy process that took place over more than thirty years. Presenting important implications for the future of water management in arid and semi-arid environments, this book will be of interest to anyone involved in water management, as well as academics interested in the social organization of common property.

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Pathways of Reconciliation

Indigenous and Settler Approaches to Implementing the TRC's Calls to Action

Aimée Craft

University of Manitoba Press, 2020

Protecting Public Health and the Environment

Implementing The Precautionary Principle

Edited by Carolyn Raffensperger and Joel Tickner; Foreword by Wes Jackson

Island Press, 1999

When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. This idea, known as the "Precautionary Principle," is seen by environmentalists and public health experts as the key to protecting ecological and human health.

In January 1998, the Science and Environmmental Health Network convened an international group of scientists, researchers, environmentalists, academics, and labor representatives to discuss ways of incorporating the precautionary approach into environmental and public health decision-making. Known as the Wingspread Conference on Implementing the Precautionary Principle, the workshop focused on understanding the contexts under which the principle developed, its basis, and how it could be implemented. Protecting Public Health and the Environment is an outgrowth of that conference. The book:

describes the history, specific content, and scientific and philosophical foundations of the principle of precautionary action
explains the functions of the principle in activities as diverse as agriculture and manufacturing
explains how to know when precautionary action is needed and who decides what action will (or will not) be taken
attempts to show how the burden of proof of environmental harm can be shifted to proponents of a potentially hazardous activity
provides specific structures and mechanisms for implementing the precautionary principl.

Throughout, contributors focus on the difficult questions of implementation and fundamental change required to support a more precautionary approach to environmental and public health hazards. Among the contributors are David Ozonoff, Nicholas Ashford, Ted Schettler, Robert Costanza, Ken Geiser, and Anderw Jordan.

Public health professionals and academics, policymakers, environmental lawyers, sustainable agriculture proponents, economists, and environmental activists will find the book an enlightening and thought-provoking guide to a new way of thinking about ecosystem and public health protection.

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Regulatory Justice

Implementing a Wage-Price Freeze

Robert A. Kagan

Russell Sage Foundation, 1978

Regulatory Justice is based on a case study of two closely linked federal agencies—the Cost of Living Council (CLC) and the Office of Emergency Preparedness (OEP)—which administered a nationwide wage-price freeze in 1971.

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