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Climbing Mount Mitigation: A Proposal for Legislative Suspension of Climate Change "Mitigation Litigation"
(Journal of Energy, Climate, and the Environment, 2010)
This Article has been in press for several months without opportunity for updating, and thus does not reflect EPA’s Clean Air Act rule promulgations and several other relevant events. Nevertheless, the basic thrust of the ...
The Specter of Sisyphus: Re-Making International Financial Regulation After the Global Financial Crisis
(Emory International Law Review, 2010)
The global financial crisis is forcing a thorough re-evaluation of the international regulatory architecture. The crisis has shown not only the cracks in regulatory oversight, but also a market operation that had long ...
Interpreting Regulations
(Michigan Law Review, 2012)
The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The ...
Policy Challenges of the Heterogeneity of the Value of Statistical Life
(Foundations and Trends in Microeconomics, 2010)
Economic research has developed estimates of the heterogeneity of the value of statistical life (VSL) on dimensions such as individual age, income, immigrant status, and the nature of the risk exposure. This paper examines ...
The New Cigarette Paternalism
(Regulation, 2002)
Smoking is by far the largest single risk that most people take. Perhaps in part because of that prominence, smoking has been the target of a wide variety of regulations and legal action. The controversy over tobacco ...
The Regulation of Inchoate Technologies
(Houston Law Review, 2010)
In this Essay, I explain why and how certain technologies I refer to as "inchoate" defeat regulatory interventions. I examine the "law" of unintended consequences and the role of regulatory ideologies. I suggest that ...
Waivers, Flexibility, and Reviewability
(Chicago -Kent Law Review, 1997)
In this Comment, I shall explore the issue of reviewability, as discussed by Krent, in the context of one flexible approach to regulation-- express agency waiver of regulations. Part I of this Comment addresses the increased ...
Product Liability and Regulation: Establishing the Appropriate Institutional Division of Labor
(American Economic Association, 2012)
Society has several institutional mechanisms that promote the control of product health and safety risks and compensation of the income losses that these risks generated. For risks traded in the market, economic forces at ...