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Full-Text Articles in Law
A Major Answer To The Major Questions Doctrine, Edward L. Rubin
A Major Answer To The Major Questions Doctrine, Edward L. Rubin
Vanderbilt Law School Faculty Publications
The Supreme Court’s use of the major questions doctrine in West Virginia v. Environmental Protection Agency to invalidate the agency’s regulation of greenhouse gas emission has elicited widespread criticism from commentators. David Driesen’s contribution to this chorus of condemnation goes to the heart of the issue, focusing on the role that the Supreme Court has arrogated to itself in reaching this decision.
The Court’s based its decision on the relationship between Congress and the Executive, speaking at length about the structural roles of these two institutions. What it forgot, as Professor Driesen notes, is that the Court is also an …
Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh
Order Without Social Norms: How Personal Norm Activation Can Protect The Environment, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
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 community to impose sanctions for failure to change? Because private individuals and households are now surprisingly large contributors to environmental problems ranging from toxic pollution to climate change, environmental policy makers face compelling examples of these negative-payoff, loose-knit group situations. This Article suggests that internalized personal norms, rather than social norms, are the most important initial target of opportunity for influencing this kind of behavior.
Drawing …