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Full-Text Articles in Law

The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang Sep 2010

The Effect Of Allowing Pollution Offsets With Imperfect Enforcement, Hilary A. Sigman, Howard F. Chang

All Faculty Scholarship

Several pollution control regimes, including climate change policies, allow polluters in one sector subject to an emissions cap to offset excessive emissions in that sector with pollution abatement in another sector. The government may often find it more costly to verify offset claims than to verify compliance with emissions caps, and concerns about difficulties in enforcement may lead regulators to restrict the use of offsets. In this paper, we demonstrate that allowing offsets may increase pollution abatement and reduce illegal pollution, even if the government has a fixed enforcement budget. We explore the circumstances that may make it preferable to …


Global Warming Advocacy Science: A Cross Examination, Jason S. Johnston May 2010

Global Warming Advocacy Science: A Cross Examination, Jason S. Johnston

All Faculty Scholarship

Legal scholarship has come to accept as true the various pronouncements of the Intergovernmental Panel on Climate Change (IPCC) and other scientists who have been active in the movement for greenhouse gas (ghg) emission reductions to combat global warming. The only criticism that legal scholars have had of the story told by this group of activist scientists – what may be called the climate establishment – is that it is too conservative in not paying enough attention to possible catastrophic harm from potentially very high temperature increases. This paper departs from such faith in the climate establishment by comparing the …


A Planet By Any Other Name . . ., Kimberly Kessler Ferzan Jan 2010

A Planet By Any Other Name . . ., Kimberly Kessler Ferzan

All Faculty Scholarship

Scientific discoveries about Pluto and the rest of the universe led scientists to question Pluto’s status and ultimately to strip Pluto of its standing among planets. Neil deGrasse Tyson’s The Pluto Files masterfully weaves together the empirical, conceptual, and cultural questions surrounding Pluto’s demotion. The problem, for scientists and spectators alike, was this: there was no scientific definition of planet. This review systematizes the Pluto puzzle presented in the book and reveals its relevance for law. The questions presented by The Pluto Files – how man relates to the world, how man understands its conceptual categories, and how man …