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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. ...
"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 ...
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: ...
Macro-Risks
(Duke Environmental Law & Policy Forum, 2010)
Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt ...
Free Trade, Fair Trade, and Selective Enforcement
(Columbia Law Review, 2018)
The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should ...
Good for You, Bad for Us
(Vanderbilt Law Review, 2012)
This Article examines a principal barrier to reducing U.S. carbon emissions — electricity distributors’ financial incentives to sell more of their product — and introduces the concept of net demand reduction (“NDR”) as a ...
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 ...
Climate Change Governance
(New York University Environmental Law Journal, 2010)
This article provides a critical missing piece to the global climate change governance puzzle: how to create incentives for the major developing countries to reduce carbon emissions. The major developing countries are ...
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 ...
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 ...