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Alyssa B. Mayer, R. Craig Lefebvre, Robert J. McDermott, Carol A. Bryant, Anita H. Courtney and James H. Lindenberger

Community-Based Prevention Marketing (CBPM) for Policy Development is a unique blend of current streams of thought and action in public health that is responsive to calls for upstream social marketing strategies. It employs a social ecological perspective on change, uses an evidence-based and upstream approach to mobilize people into strategically focused actions, and applies social marketing principles to tailor relevant and feasible policy development at appropriate levels. This model builds upon and extends a number of strands of research in prevention, policy development and evaluation, and coalition action for policy implementation that complements work being done by universities, their community partners, and other research and community groups that are concerned with stemming the rise of obesity and other ‘wicked’ health problems. The results of the pilot test are described and have been incorporated into the development of a web-based training site to help coalitions and their research partners adopt CBPM-Policy Development to address their public health problems. However, not every coalition is ready to engage in CBPM-Policy Development. This process requires a well-functioning coalition, a strong leader, and access to marketing research experts.
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James R. May and Erin Daly

Environmental constitutionalism is a new concept for protecting local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and their procedural aspects. Designed for judges, advocates, and policy-makers as well as scholars in the field, this research review discusses key writings on environmental constitutionalism from around the world, drawing attention to its contours, its challenges, and its potential for enhancing both environmental protection and constitutional governance in theory and context.
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James R. May and Erin Daly

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James R. May and Erin Daly

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James R. May and Erin Daly

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James R. May and Erin Daly

Unconventional shale gas development (also sometimes known as ‘hydrofracturing’ or ‘fracking’) invites new legal responses for fostering environmental protection and sustainability. Chief among these is environmental constitutionalism, in which a country or sub-national unit adopts explicit constitutional provisions that advance environmental outcomes, policies or procedures. This chapter examines how environmental constitutionalism might promote sustainable practices in unconventional shale gas development in the context of ten ‘good practices’, touching on text, implementation, adjudication and process, among other areas. It then contemplates how the recent court decision of Robinson Township et al. v. Commonwealth of Pennsylvania embodies these good practices in the context of controversial state action to promote unconventional shale gas development in the State of Pennsylvania in the United States. Section I provides a brief primer on unconventional shale gas development. Section II examines ten good practices in environmental constitutionalism, focusing on how these inform the sustainable development of unconventional shale gas. Section III then examines the extent to which Robinson Township embodies these good practices in context. We conclude that, fully realized, environmental constitutionalism can meaningfully contribute to sustainable practices in unconventional shale gas development.
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Edited by John C. Dernbach and James R. May

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James R. May and John C. Dernbach

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John C. Dernbach and James R. May

This chapter synthesizes some of the key lessons on the sustainability of shale gas from the 12 chapters provided by the contributing authors. The contributing authors were asked to assess what is now being done to address sustainability on their particular topic and to make recommendations on what should be done to foster sustainability on that topic. This synthesis also summarizes key legal and policy principles for sustainable development that the authors emphasized. This chapter tracks the major sections of this book – public health and the environment; community; public participation, public information, and access to justice; governance; and energy and climate change. It also proffers some overarching recommendations – again based on the chapters in this book – about laws and policies needed if shale gas is to accelerate the transition to sustainability. The chapter concludes that it is possible for shale gas to contribute to sustainability and help accelerate the transition to sustainability. But, from the evidence adduced in this book, the current legal and policy structure is not sufficient to do the job. If shale gas is to contribute to sustainability and help accelerate the transition, major changes in law and policy—changes recommended by the contributing authors—are needed.