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30 Cards in this Set
- Front
- Back
Sources of law |
Legislation, initiatives, regulations, Court decisions, common law, constitutions. |
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Important Federal clauses |
Commerce Clause, Fifth amendment (takings), supremacy clause, due process |
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Difference between jury and judge |
Is the difference between questions of fact and questions of law |
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How to intimidate using courts |
Slapp suits, performance bond, outspend or bankrupt plaintiffs, endless Appeals |
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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 |
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Facets of the 21st century and policy |
Cooperative management, cynicism, poverty and environmental justice, more targeted environmental policy |
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How to help manage conflict |
Informed commitment, balanced representation, group autonomy, informed process, accountability, openness, timeliness, implementation |
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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 |
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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 |
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How is advocacy different than lobbying? |
Lobbying is telling a decision-maker exactly what you want them to choose |
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What percent of environmental laws does the Commerce Clause give |
90% |
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how does a bill get chosen to go through a committee |
Depends on the what percent jurisdiction a committee has over the bill |
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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 |
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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 |
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About how many appointments does the president have |
7000 |
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Under what act can you sue the EPA to do their job |
Administrative Procedural Act |
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Can you litigate on a rulemaking issue if it was commented on and only if it was commented on |
Yes |
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Members of the Iron Triangle |
Congress, interest groups, agencies. Sometimes agencies have contradictory missions |
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What does slapp stand for |
Strategic lawsuit against public participation, which is suing citizens for libel or slander |
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Levels of courts federally |
U.s. Supreme Court, court of appeals/ circuit courts, district courts |
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Levels of courts in state |
California Supreme Court, California 9th Circuit Court of Appeals, Superior Courts |
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Punishments from Criminal Courts |
Fines and imprisonment |
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Punishment from civil courts |
Affirm, reverse, remand, monetary damages / penalties, remedy problem or injury |
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What does irac stand for |
Issue, rule, analysis, conclusion |
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Advantages of using the courts |
Sometimes quick access to decision-making, rapid consideration of issues, litigation is faster than policy, can address procedural failings |
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Disadvantages of using the courts |
Least Democratic branch, adversarial, depends heavily on case law and precedent, cost favors wealthy |
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What are private rights on property |
Supposed to possess, use, sell, device, lease, mortgage, subdivide, Grant easements |
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What are state rights on property |
2 tax, take for public use, control use of, escheat |
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Policy instruments on property |
Markets, research, education, incentives, regulation, land purchase, easements, payment for Environmental Services |
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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 |