Table Of ContentLaw and Policy for a New Economy
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Law and Policy for a
New Economy
Sustainable, Just, and Democratic
Edited by
Melissa K. Scanlan
Professor of Law, Associate Dean for Environmental
Programs, Director, Environmental Law Center and
Co-Founder and Director, New Economy Law Center,
Vermont Law School, USA
Cheltenham, UK • Northampton, MA, USA
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© The Editor and Contributing Authors Severally 2017
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system or transmitted in any form or by any means, electronic, mechani-
cal or photocopying, recording, or otherwise without the prior permission of the
publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2016962582
This book is available electronically in the
Law subject collection
DOI 10.4337/9781786434524
ISBN 978 1 78643 451 7 (cased)
ISBN 978 1 78643 452 4 (eBook)
Typeset by Servis Filmsetting Ltd, Stockport, Cheshire
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Contents
List of figures vii
List of contributors viii
Foreword Jim Salzman xiii
Prologue Melissa K. Scanlan xv
Table of cases xxi
Table of constitutions, legislation, and regulations xxiii
1. Climate change, system change, and the path forward 1
Melissa K. Scanlan
PART I PARADIGMS FOR AN ECOLOGICAL AGE
2. The joyful economy: rising up from the devastation of people
and nature 31
James Gustave Speth
3. Environmentalism for the next economy 50
Jedediah Purdy
4. Reframing rights and responsibilities to prioritize nature 70
Catherine Iorns Magallanes and Linda Sheehan
5. The Nature’s Trust paradigm for a sustaining economy 97
Mary Christina Wood
PART II PRACTICAL APPLICATIONS
6. Three legal principles for organizations rebuilding the
commons 119
Janelle Orsi
7. Reinventing law for the commons 137
David Bollier
8. New hopes and hazards for social investment crowdfunding 165
Jennifer Taub
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vi Law and policy for a new economy
9. Distributed renewables in the new economy: lessons from
community solar development in Vermont 189
Kevin B. Jones and Mark James
10. Unlocking the energy commons: expanding community
energy generation 211
Shalanda H. Baker
11. The decentralization of food policy and building a stronger
food system 235
Diana R. H. Winters
12. Legal democracy: using legal design, technology and
communications to reform food and agriculture systems 255
Laurie Ristino
Index 275
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Figures
1.1 Temperature and CO for the last 1,000 years 5
2
1.2 Ocean acidification and CO over 60 years 6
2
1.3 Global GDP and CO emissions 1984–2014 8
2
1.4 European GDP and GHG emissions 1990–2014 9
6.1 Example of graphic legal document 135
9.1 Boardman Hill Farm community solar participants 205
12.1 Legal design 266
12.2 State farm to school legislation: 2002–2014 267
12.3 Visualization of design thinking process 270
12.4 Example design of a legal product 272
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Contributors
Shalanda H. Baker is an Associate Professor, the Faculty Advisor to the
Environmental Law Program, and the founding director of the Energy
Justice Program at the University of Hawaii at Manoa William S.
Richardson School of Law. Professor Baker teaches international envi-
ronmental law, renewable energy law, sustainable development, adminis-
trative law, and related courses in energy and international development.
Her research explores large energy and infrastructure project develop-
ment, including renewable energy projects; indigenous rights; and the
effect of development on the environment. She is an Associate Fellow with
the New Economy Law Center at Vermont Law School and a 2016–17
Fulbright- García Robles Scholar.
David Bollier is an independent American scholar, activist and blogger
whose work focuses on the commons as a new paradigm of economics,
politics and culture. He pursues this work primarily as co-f ounder of the
Commons Strategies Group, an advocacy project that works internation-
ally with various commons projects. Bollier has written or edited eight
books on the commons, including Think Like a Commoner: A Short
Introduction to the Life of the Commons (2014) and, with co-e ditor Silke
Helfrich, Patterns of Commoning (2015) and The Wealth of the Commons
(2012). He is an Associate Fellow with the New Economy Law Center at
Vermont Law School. He lives in Amherst, Massachusetts, and blogs at
Bollier.org.
Catherine Iorns Magallanes is a Reader in the School of Law at
Victoria University of Wellington, Aotearoa New Zealand. She works
primarily on environmental law, indigenous rights, and statutory
interpretation. Professor Iorns is also a national board member of
Amnesty International Aotearoa New Zealand and of 350 Aotearoa.
She is a member of the International Law Association Committee on the
Implementation of the Rights of Indigenous Peoples, a member of the
IUCN World Commission on Environmental Law, and is the Academic
Advisor to the NZ Council of Legal Education. She holds an LLM from
Yale Law School.
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Contributors ix
Mark James is an Assistant Professor at Vermont Law School and a
Senior Research Fellow in the Institute for Energy and the Environment
(IEE). Professor James holds an LLM in Energy Law from Vermont
Law School and he served as an IEE Global Energy Fellow from 2014 to
2016. His work explores privacy protections for data generated by smart
meters and rooftop solar arrays, the SunShot Plug and Play project to
commercialize adhered solar PV panel technology, and federal hydro-
power production tax credits. He received his JD from the University of
Ottawa.
Kevin B. Jones is a Professor of Energy Technology and Policy and the
Director of the Institute for Energy and the Environment at Vermont
Law School. Professor Jones leads the Smart Grid Project and the Energy
Clinic and is co-a uthor of the book from Praeger, A Smarter, Greener
Grid: Forging Environmental Progress through Smart Energy Policies and
Technologies. He is a Senior Fellow with the New Economy Law Center
at Vermont Law School and a Lecturer in the University of Vermont’s
Sustainable Entrepreneurship MBA program.
Janelle Orsi is Co-f ounder and Executive Director of the Sustainable
Economies Law Center (SELC), which facilitates the growth of more
sustainable and localized economies through education, research and
advocacy. She is a lawyer, advocate, writer and cartoonist focused on
cooperatives, land trusts, and the grassroots sharing economy. Janelle
has also worked in private law practice at the Law Office of Janelle Orsi,
focusing on sharing economy law since 2008. She is author of Practicing
Law in the Sharing Economy (ABA Books 2012) and The Sharing Solution
(Nolo 2009). She is a Senior Fellow with the New Economy Law Center at
Vermont Law School.
Jedediah Purdy is a Professor of Law at Duke University. He teaches
constitutional, environmental and property law and writes in all of these
areas. He also teaches legal theory and writes on issues at the intersection
of law and social and political thought. He is the author of a trilogy on
American political identity, which concluded with A Tolerable Anarchy
(2009); The Meaning of Property (2010), and After Nature: A Politics for
the Anthropocene (2015). He has published many essays in publications
including The Atlantic Monthly, the New York Times Op Ed Page and
Book Review, Die Zeit and Democracy Journal, and his legal scholarship
has appeared in the Yale Law Journal, University of Chicago Law Review,
Duke Law Journal, Cornell Law Review and Harvard Environmental
Law Review, among others.
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x Law and policy for a new economy
Laurie Ristino is an Associate Professor and the Director of the Center
for Agriculture and Food Systems at Vermont Law School. Before
Vermont Law School, she was Senior Counsel with the Office of the
General Counsel, United States Department of Agriculture (USDA)
in Washington, D.C. advising on environmental matters ranging from
protection of the northern spotted owl to the BP oil spill in the Gulf of
Mexico. She received her law degree from the University Iowa College of
Law and a Masters degree in public administration from George Mason
University. She is a Senior Fellow with the New Economy Law Center at
Vermont Law School.
Melissa K. Scanlan is the Associate Dean of the Environmental Law
Program, Professor of Law, Director of the Environmental Law Center,
and Co- Founder and Director of the New Economy Law Center
at Vermont Law School. Before Vermont Law School, she was the
University of Wisconsin Law School’s Water Law and Policy Scholar and
a lead consultant involved in launching the Center for Water Policy at
the University of Wisconsin- Milwaukee’s School of Freshwater Sciences.
She founded and served as Executive Director of Midwest Environmental
Advocates. She earned her law degree and Master of Science in
Environmental Science, Policy and Management from the University of
California- Berkeley.
Linda Sheehan is Executive Director of Planet Pledge, which advances
collaborative investments and grantmaking to reduce greenhouse gas
emissions globally. Prior to Planet Pledge, she was Executive Director of
the Earth Law Center, where she developed and implemented new legal
models that acknowledge the natural world’s inherent rights to exist,
thrive and evolve. She previously ran California Coastkeeper Alliance,
where she successfully advanced legislation, policy and litigation initia-
tives to improve waterway health, designate marine parks, and create new
environmental funding streams. Ms Sheehan earned her BS degree from
MIT, and her MPP and JD degrees from the University of California,
Berkeley. She is a Senior Fellow with the New Economy Law Center at
Vermont Law School.
James Gustave “Gus” Speth is Co- Founder and Senior Fellow of the
New Economy Law Center at Vermont Law School. He previously
served as a law professor at Vermont Law School and Dean of the Yale
School of Forestry and Environmental Studies. From 1993 to 1999, he
was Administrator of the United Nations Development Programme
and Chair of the UN Development Group. Prior to his service at the
UN, he was Founder and President of the World Resources Institute;
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