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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 ...
Presidential Exit
(Duke Law Journal, 2018)
The flow of executive orders, presidential memoranda, proclamations, determinations, executive agreements, national security directives, signing statements and other pronouncements emanating from the early days of every ...
Apples for Oranges
(Environmental Law Reporter, 2001)
Over the last decade, there has been a sea change in environmental law and policy, marked by growing interest in market-based instruments of environmental protection. In particular, approaches that explicitly commodify ...
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 ...
What Happens When the Green New Deal Meets the Old Green Laws?
(Vermont Law Review, 2020)
The multi-faceted infrastructure goals of the Green New Deal will be impossible to achieve in the desired time frames if the existing federal, state, and local siting and environmental protection statutory regimes are ...
Introduction: Governing Wicked Problems
(Vanderbilt Law Review, 2020)
"Wicked problems." It just says it all. Persistent social problems--poverty, food insecurity, climate change, drug addiction, pollution, and the list goes on--seem aptly condemned as wicked. But what makes them wicked, and ...
A Global Assessment of the Law and Policy of Ecosystem Services
(University of Queensland Law Journal, 2020)
This article assesses the approaches that different national governments have employed to provide and conserve ecosystem services, focusing on policy instruments and common-law court decisions. Applying the lessons learned ...