Browsing Vanderbilt Law School Faculty Works by Subject "environmental law"
Now showing items 1-20 of 26
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(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 ...
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(Stanford Environmental Law Journal, 2003)Social norms scholarship faces the challenge of becoming a mature discipline. Norms theorists have proposed several elegant, widely applicable theories of the origin, evolution and function of norms. For the most part, ...
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(The Great Democracy Initiative, 2018-12)In this paper, we offer ten recommendations on how to reform American trade policy. These reforms respond to three fundamental challenges: (1) our trade bureaucracy is poorly designed to craft and execute a trade policy ...
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(Texas Law Review, 2016)For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” with a ...
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(New York University Law Review, 2007)Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated sixty to eighty percent over the long term. To achieve these ...
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(Virginia Environmental Law Journal, 2008)A substantial proportion of the United States population is at or below the poverty level, yet many of the greenhouse gas emissions reduction measures proposed or adopted to date will increase the costs of energy, motor ...
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(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 ...
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(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 ...
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(Duke Law Journal, 2018)In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
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(The Regulatory Review, 2018-10-01)Achieving the green economy requires taking into account divisive politics and distributive justice.
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...
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(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: ...
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(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 ...
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(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 ...
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(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 ...
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(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 ...