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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: ...
An Alternative to Ready, Fire, Aim
(Kentucky Law Journal, 1996)
The turbulence of the environmental debate over the last decade suggests that the command and control system may not provide viable solutions to the remaining environmental problems. The incrementalism
that has characterized ...
Micro-Offsets and Macro-Transformation
(Harvard Environmental Law Review, 2009)
We have been asked to examine climate change justice by discussing the methods of allocating the costs of addressing climate change among nations. Our analysis suggests that climate and justice goals cannot be achieved by ...
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 ...
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 ...
Individual Carbon Emissions
(UCLA Law Review, 2008)
The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government ...
Environmental Protection Requires More than Social Resilience
(The Regulatory Review, 2018-10-01)
Achieving the green economy requires taking into account divisive politics and distributive justice.
Climate Change: The China Problem
(Southern California Law Review, 2008)
The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States ...
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 ...