The dredging dilemma: Economic development and environmental protection in Oakland Harbor

Neglect of market incentives in local environmental planning: A case study in the national estuary program

“…After considerable energy had been devoted to reviewing scientific data and analyses, the plan itself was created by a Management Committee more attuned to policy than science (for background on conditions overall see Nichols et al (1986) and Conomos (1979); on science in the project see Tuohy (1993); on dredging see Kagan (1991); and on land use see McCreary et al (1992)). The U.S. Environmental Protection Agency (EPA) played a prominent role in the project, providing nearly all discretionary monies (about $5 million from the National Estuary Program) for the first five years, supplemented by a special $2 million appropriation from Congress for a sixth year.…”

Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry

“…And tihere is enormous variation in rates of recourse to legal action^across American subcultures, regulatory programs, and types of grievance. Miller and Sarat, 1981;Engel, 1984;Caplovitz,1974;Kagan, 1989). The point is that in comparative, cross-national terms, adversarial legalism is more prevalent in the U.S. and organizations.…”

“…This does not mean, of course, that Americans always define their problems in legal terms and always seek legal redress. Clearly, they don't (Metzloff, 1988;Saks, 1992;Kagan, 1984). And tihere is enormous variation in rates of recourse to legal action^across American subcultures, regulatory programs, and types of grievance.…”

“…Even when compared to the British "adversarial system" from which it descended, American methods of adjudication, as Atiyah & Summers (1987) (Galanter, 1988;Williams (1983:6;Rosenthal, 1974: 202-207; Saks, 1992Saks, :1215Saks, , 1223 lawyers rarely participate, and appeals to the courts are even rarer (Badaracco, 1985;Brickman et al, 1985;Vogel, 1986 contestation (Greenhouse,1986;Ellickson, 1986;Macaulay, 1963).^Many kinds of problems and losses are dealt with by private or public insurance, not by litigation (Kagan, 1984). Even in social arenas in which the processes of adversarial legalism often are invoked, fullscale legal contestation usually does not occur.…”

“…In their everyday practice, corporate lawyers attenpt to minimize the likelihood of litigation; they draft contractual formulae for resolving conflict in case business earnings decline or debts go unpaid (Gilson,1984;Kagan, 1984), and stipulate that controversies must be referred,' to binding arbitration. Corporate general counsel have insisted on using private mediation firms, rather than litigation, to resolve entire categories of disputes; the leading mediation firms are run and staffed by lawyers and ex-judges (Pollock, 1993).…”