Search
Now showing items 1-10 of 17
Panarchy and the Law
(Ecology and Society, 2012)
Panarchy theory focuses on improving theories of change in natural and social systems to improve the design of policy responses. Its central thesis is that successfully working with the dynamic forces of complex adaptive ...
Climate Change Adaptation and the Structural Transformation of Environmental Law
(Environmental Law, 2010)
The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation ...
Gaming the Past: The Theory and Practice of Historic Baselines in the Administrative State
(Vanderbilt Law Review, 2011)
This article explores in detail the attributes and operation of historic baselines. That historic baselines are found throughout regulatory law is no accident. Particularly when the policy goal involves turning back the ...
Revitalizing Dormant Commerce Clause Review for Interstate Coordination
(Minnesota Law Review, 2015)
Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as ...
The Production Function of the Regulatory State
(Minnesota Law Review, 2017)
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...
Environmental Law at the Borders
(Natural Resources & Environment, 2017)
Pipelines to the north. Walls to the south. Between President Trump's issuance of a permit for the Keystone XL pipeline crossing from Canada and his promise to build "The Wall," the politics of our national borders rarely ...
An Empirical Assessment of Climate Change in the Courts: A New Jurisprudence or Business as Usual?
(Florida Law Review, 2012)
While legal scholarship seeking to assess the impact of litigation on the direction of climate change policy is abundant and growing in leaps and bounds, to date it has relied on and examined only small, isolated pieces ...
Regulatory Exit
(Vanderbilt Law Review, 2015)
Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
Carbon Taxation by Regulation
(Minnesota Law Review, 2017)
This Article argues that, even though a carbon tax remains politically elusive, “carbon taxation by regulation” has begun to flourish as a way of financing carbon reduction. For more than a century, energy rate setting has ...
Legal and Institutional Foundations of Adaptive Environmental Governance
(Ecology and Society, 2017)
Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. ...