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James Huffman, long time FREE board member and Erskine Wood Sr. Professor of Law at Lewis & Clark Law School, observed that no legal area has spawned more specialized law journals than natural resources law. There are at least thirty-five law journals focusing solely on natural resource topics. (See Appendix A.)
Unlike other academic disciplines, where scholars submit their work to peers for review and publication, legal scholars publish the majority of their work in law reviews and journals that are managed and edited by law students.
Yet these journals are highly influential. Judges and policymakers frequently cite law review articles in support of their decisions. This is particularly true when they choose to press a theory or argue for a result that diverges from established law. This pattern of relying on legal scholarship, especially in difficult and unusual cases, is not surprising given the heavy schedules faced by all the important players in the law and policy arena.
Using basic concepts from the fields of economics, science, and risk analysis, we will explain how the application of these analytic tools can foster social wellbeing and enhance environmental quality. We know of no other organization as well positioned as FREE to bring this important and practical information to law review editors.
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