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"Maladaptive" Federalism: The Structural Barriers to Coordination of State Sustainability Initiatives
(Case Western Law Review, 2014)
While the federal government has been slow to address problems such as climate change, many states have adopted innovative approaches to address the climate impact of using natural resources to produce energy, including ...
The Permit Power Revisited
(Duke Law Journal, 2014)
Two decades ago, Professor Richard Epstein fired a shot at the administrative state that has gone largely unanswered in legal scholarship. His target was the “permit power,” under which legislatures prohibit a specified ...