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Constrained Regulatory Exit in Energy Law
(Duke Law Journal, 2018)
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
Keynote: Motivating Private Climate Governance
(Arkansas Law Review, 2018)
In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: ...
Environmental Protection Requires More than Social Resilience
(The Regulatory Review, 2018-10-01)
Achieving the green economy requires taking into account divisive politics and distributive justice.
In Appreciation of the Tarlock Effect
(Chicago-Kent Law Review, 2018)
So, what is one to do about The Tarlock Effect? It didn't take long for me to realize early in my academic career-well before my foray into climate change adaptation policy-that there's just no escaping it. So I learned ...
The Fatal Failure of the Regulatory state
(William & Mary Law Review, 2018)
While regulatory agencies place high values on the benefits associated with the reduction in mortality risks due to regulations, these same agencies substantially undervalue lives in their enforcement efforts. The disparity ...
A Blueprint for a New American Trade Policy
(The Great Democracy Initiative, 2018-12)
In this paper, we offer ten recommendations on how to reform American trade policy. These reforms respond to three fundamental challenges: (1) our trade bureaucracy is poorly designed to craft and execute a trade policy ...
Private Governance Responses to Climate Change
(Fordham Environmental Law Review, 2018)
This Article explores how private governance can reduce the climate effects of global civil aviation. The civil aviation sector is a major contributor to climate change, accounting for emissions comparable to a top ten ...