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16 J. Legal Stud. Educ. 1 (1998)

handle is hein.journals/jlse16 and id is 1 raw text is: 












ENVIRONMENTAL LAW IN CONTEXT:
INTEGRATING ETHICS, ECONOMICS, AND THE
INTERNATIONAL DIMENSION

                                                   by Don Mayer*

INTRODUCTION
   Teaching environmental law in a legal environment of business class
presents the familiar problem of depth versus breadth. Most legal
environment textbooks present a series of federal statutes and related
cases on clean air, clean water, and hazardous waste, often with a
passing nod to the National Environmental Policy Act (NEPA) and the
Endangered  Species Act. Unless other legal environment topics are
jettisoned (such as consumer protection, securities law, antitrust law,
or employment law), you must cover environmental law in two to four
class hours. If so, you might consider an approach described below that
opts for depth rather than breadth, integrating economics, ethics, and
international law.  This  approach strives for students to gain
understanding as to why some form of regulation will tend to be more
efficient and more fair than a laissez-faire legal environment.
   This article recommends using one common law  case, Boomer v.
Atlantic Cement Co.,' to illustrate the limitations of common law and
thus demonstrate the necessity for some form of regulation. Careful
study of Boomer can lead students through a variety of legal issues that
speak directly to ethical and economic considerations. The concepts of
externalities and economic efficiencies can be made plain through
Boomer, as well as ethical concepts such as utilitarianism, rights, and

  * Associate Professor of Management, Oakland University, Rochester, Michigan.
    257 N.E.2d 870 (N.Y. 1970). The Court of Appeals is New York's highest court,
similar to most states' Supreme Court.

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