Restorative Justice to Supplement Deterrence-Based Punishment
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Restorative Justice to Supplement Deterrence-Based Punishment
Oklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentlization of the EPA's Power Plant Enforcement Initiative, 2000-2011Michael L. RustadSuffolk University Law School. mrustad@acad.Suffolk eduThomas H. Koenig t.koenig@northeastern.eduErica R. FerreiraFollow this and additional works at: https://digitalcommons.law.ou edu/olr & Part of the Environmental Restorative Justice to Supplement Deterrence-Based Punishment Law CommonsRecommended CitationMichael L. Rustad, Thomas H. Koenig & Erica R. Ferreira, Restorative Justice to Supplement Deterrence-Based PunishmentRestorative Justice to Supplement Deterrence-Based Punishment
: An Empirical Study and Theoretical Reconceptualization of the EPA's Power Plant Enforcement Initiative, 2000-2011. 65 OKLA. L. REV. 427 (2013), httpOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishment Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Lav/ Digital Commons. For more information, please contact darinfox@ou edu.RESTORATIVE JUSTICE TO SUPPLEMENT DETERRENCE-BASED PUNISHMENT: AN EMPIRICAL STUDY AND THEORETICA Restorative Justice to Supplement Deterrence-Based PunishmentL RECONCEPTUALIZATION OF THE EPA’S POWER PLANT ENFORCEMENT INITIATIVE. 2000-2011*Michael L. Rustad.” Thomas H. Koenig’” & Erica R. Ferreira"”AbstractFRestorative Justice to Supplement Deterrence-Based Punishment
rom the late 1970s to the end of the 1990s. electricity producers modified and operated coal-fired power plants in violation of the Environment ProtecOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentched a large, coordinated enforcement eft'ort. The 2012 Republican presidential candidates all denounced this more• The authors would like to thank Suffolk University Law School students Alex Chiulli. Dan Duval. Jesse Gag. Jack Lindsay. Brian Lynch, and Nate Rice for their extremely valuable editori Restorative Justice to Supplement Deterrence-Based Punishmental suggestions and research. Pans A Tsangans. a Stetson University College of Law student. aided US with helpful editorial suggestions. We alio apprecRestorative Justice to Supplement Deterrence-Based Punishment
iate the critical comments and suggestions made by Steve Feney. Chryss J. Knowles, and Janice Griffith. Reference Librarians Elizabeth c. Barnes (StetOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based PunishmentThomas F. Lambert Jr. Professor of Law. which was the first endowed chair at Suffolk University Law School. He is the Co-Director of Suffolk’s Intellectual Property Law Concentration and was the 2011 chair of the American Association of Law Schools Torts & Compensation Systems Section. Professor Rus Restorative Justice to Supplement Deterrence-Based Punishmenttad has more than 1100 citations on Westlaw. His most recent books are Software Licensing: Principles and Practical Strategies (Oxford University PresRestorative Justice to Supplement Deterrence-Based Punishment
s. 2011) and Global Internet Law in a Nutshell (West Thomson, forthcoming 2013) He served as an expert witness and consulting attorney for the Sierra Oklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentnd Its Law Policy & Society Ph D. program, as well as the university's Doctorate in Law & Policy He was a Liberal Arts Fellow at Harvard University-Law School and a Fulbright Scholar at the University of Belgrade Law School 111 Serbia Along with Professor Rustad. he lias testified before both houses Restorative Justice to Supplement Deterrence-Based Punishment of Congress. His numerous joint publications with Professor Rustad have been cited in the Economist. the Wall Street Journal, the New York Times. TimRestorative Justice to Supplement Deterrence-Based Punishment
e, and U.S. News and World Report, as well as leading legal periodicals such as the National Law Journal and the American Lawyer.**** Erica R. FerreirOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmenty-practiced employment litigation in New Jersey and is a member of the Florida. New- Jersey, and District of Columbia bars.427Published bv University of Oklahoma College of Law Digital Commons. 2013428OKLAHOMA LAW REVIEW[Vol. 65:427vigilant TPA as engaging in economic terrorism through “sue and sett Restorative Justice to Supplement Deterrence-Based Punishmentle'' tactics that amount to backdoor regulation. This article evaluates federal environmental enforcement, drawing upon objective data from our empiriRestorative Justice to Supplement Deterrence-Based Punishment
cal study of r.PA permitting violation settlements for coal-fired power plants entered into between January 1. 2000. and December 31. 2011. The data rOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentely levied civil penalties and restorative justice principles in the form of mitigation projects and mandatory injunctions. Other regulatory agencies should consider adopting restorative justice insights in designing remedies for diffuse civil wrongs such as securities fraud, consumer product safety Restorative Justice to Supplement Deterrence-Based Punishment, and unfair or deceptive trade practices.IntroductionOn January 25, 2012. the head of the Environmental Protection Agency's ail enforcement divisionRestorative Justice to Supplement Deterrence-Based Punishment
addressed an American Bar Association seminar, reaffirming the EPA's intent to continue to '’prioritize the enforcement of its new source review permiOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentattorney’s criticism of the EPA was mild compared to that from the candidates for the 2012 Republican nomination for president, all of whom called for either the elimination or significant downsizing of the EPA? The American Coalition for Clean Coal1.Jessica Coomcs. Coal-Fired Plant Enforcement Init Restorative Justice to Supplement Deterrence-Based Punishmentiative Remain-; Priority for EPA. Official Says. B_UOMULXG BN'A (Jan. 25.2012). http: WWW, bna.com coaltircd-power-plant-012884907470 (reporting on weRestorative Justice to Supplement Deterrence-Based Punishment
binar sponsored by the American Bar Association Section of Environment, Energy, and Resources!.2.id.3.Bill Straub. R«puhticam A Hal f 'ReỊỊuỉntory ReiOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentn presidential candidates unanimously called tor cither the abolition or downsizing of the EP A:Republican presidential candidates have viciously attacked the I I’A with Rep. Run Paul. R I X. calling for its elimination. former House Speaker Newt Gingrich promotes an overhaul to essentially disembow Restorative Justice to Supplement Deterrence-Based Punishmentel the agency and I'exas Gov. Rick Perry is promoting changes—prohibiting it from regulating greenhouse gases and various other pollutants—that wouldRestorative Justice to Supplement Deterrence-Based Punishment
render the EP A toothless.I ven former UtahRestorative Justice to Supplement Deterrence-Based Punishment
industry. With the health of the American public being balanced against higher electricity prices.This rancorous debate over the EPA’s enforcement poOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical Reconceptual Restorative Justice to Supplement Deterrence-Based Punishmentnd "sue andOklahoma Law ReviewVolume 65 Numbers2013Restorative Justice to Supplement Deterrence-Based Punishment: An Empirical Study and Theoretical ReconceptualGọi ngay
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