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30 Cards in this Set

  • Front
  • Back

Sources of law

Legislation, initiatives, regulations, Court decisions, common law, constitutions.

Important Federal clauses

Commerce Clause, Fifth amendment (takings), supremacy clause, due process

Difference between jury and judge

Is the difference between questions of fact and questions of law

How to intimidate using courts

Slapp suits, performance bond, outspend or bankrupt plaintiffs, endless Appeals

Facets of the 20th century and policy

Silos of information, media, the Great Society, population and resources-the latter assumed to be infinite, economics and data

Facets of the 21st century and policy

Cooperative management, cynicism, poverty and environmental justice, more targeted environmental policy

How to help manage conflict

Informed commitment, balanced representation, group autonomy, informed process, accountability, openness, timeliness, implementation

Definition of environmentalism

A set of ideas characterized by the interrelationship between humans and natural world especially the threats that human pose to it and the continued viability of ecosystems

Controversial dichotomies in environmentalism

Environmental Protection versus those less well-off, growth ethics versus ecological ethics, psychological and economical need to grow versus need to conserve

How is advocacy different than lobbying?

Lobbying is telling a decision-maker exactly what you want them to choose

What percent of environmental laws does the Commerce Clause give

90%

how does a bill get chosen to go through a committee

Depends on the what percent jurisdiction a committee has over the bill

Process of a bill becoming a law

Bill begins, problem,


, problem, Someone drafts it, introduced the bill, referral to committees, hold hearings, markup, vote on legislation, house rules committee, floor, passes and goes to other house, depends on identical or non identical, president votes on it

Difference between mandatory and discretionary spending

Discretion means it has to go through the Appropriations process, mandatory is like food stamps and you just qualify

About how many appointments does the president have

7000

Under what act can you sue the EPA to do their job

Administrative Procedural Act

Can you litigate on a rulemaking issue if it was commented on and only if it was commented on

Yes

Members of the Iron Triangle

Congress, interest groups, agencies. Sometimes agencies have contradictory missions

What does slapp stand for

Strategic lawsuit against public participation, which is suing citizens for libel or slander

Levels of courts federally

U.s. Supreme Court, court of appeals/ circuit courts, district courts

Levels of courts in state

California Supreme Court, California 9th Circuit Court of Appeals, Superior Courts

Punishments from Criminal Courts

Fines and imprisonment

Punishment from civil courts

Affirm, reverse, remand, monetary damages / penalties, remedy problem or injury

What does irac stand for

Issue, rule, analysis, conclusion

Advantages of using the courts

Sometimes quick access to decision-making, rapid consideration of issues, litigation is faster than policy, can address procedural failings

Disadvantages of using the courts

Least Democratic branch, adversarial, depends heavily on case law and precedent, cost favors wealthy

What are private rights on property

Supposed to possess, use, sell, device, lease, mortgage, subdivide, Grant easements

What are state rights on property

2 tax, take for public use, control use of, escheat

Policy instruments on property

Markets, research, education, incentives, regulation, land purchase, easements, payment for Environmental Services

What tools were used in the spotted owl case study

Science, litigation, lobbying legislators for field excursions, protests and rallies, media, education, executive action, State action, coalitions, campouts, Outreach, contributions to campaigns