Regulating from Nowhere

Drawing insight from cross-disciplinary sources, Douglas Kysar exposes a critical flaw in the dominant environmental law and policy paradigm of risk assessment and cost-benefit analysis. To compensate for the shortcomings he identifies, Kysar offers a novel defence of the precautionary principle and concludes by advocating a movement toward environmental constitutionalism in which the ability of life to flourish is always regarded as a luxury we can afford.