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From Smokestack to SUV
(Vanderbilt Law Review, 2004)
A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the ...
The New Wal-Mart Effect
(UCLA Law Review, 2007)
This Article argues that networks of private contracts serve a public regulatory function in the global environmental arena. These networks fill the regulatory gaps created when global trade increases the exploitation of ...
Order Without Social Norms
(Northwestern University Law Review, 2005)
This Article tackles a leading problem confronting norms theorists and regulators: how can the law induce changes in behavior when the material costs to the individual outweigh the benefits and there is no close-knit ...
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 ...
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 ...