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Full-Text Articles in Law

Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch Jun 2007

Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …


Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh Jan 2007

Legitimacy, Selectivity, And The Disunitary Executive: A Reply To Sally Katzen, Lisa Schultz Bressman, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

Professors Bressman and Vandenbergh respond to the comments of Sally Katzen on their article presenting and analyzing results from an empirical study of the top political appointees at the Enviromental Protection Agency (EPA) during the William Clinton and George H.W. Bush administrations. In their previous article, Professors Bressman and Vandenbergh examined White House involvement in EPA rulemaking during the relevant periods, concluding that it may be a more complex and less positive phenomenon than previous studies have acknowledged. In this reply, the authors reinforce why the EPA is an important agency to study for information about White House involvement in …


Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi Jan 2007

Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …


The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh Jan 2007

The New Wal-Mart Effect: The Role Of Private Contracting In Global Governance, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

No abstract provided.


The Law And Policy Beginnings Of Ecosystem Services, J.B. Ruhl, James Salzman Jan 2007

The Law And Policy Beginnings Of Ecosystem Services, J.B. Ruhl, James Salzman

Vanderbilt Law School Faculty Publications

Over the past decade, there has been an explosion of interest in ecosystem services from scientists, economists, government officials, entrepreneurs, and the media. This article traces the development of the ecosystem services concept in law and policy. We prepared it in connection with a symposium held at Florida State University in April 2006. The presentations at the symposium, which then developed into the articles in a special issue of the Journal of Land Use and Environmental Law (volume 22, issue 2), approached the topic of ecosystem services and the law from two perspectives. One set of presentations focused on the …


The Pardy-Ruhl Dialogue On Ecosystem Management, Part Iv: Narrowing And Sharpening The Questions, J.B. Ruhl Jan 2007

The Pardy-Ruhl Dialogue On Ecosystem Management, Part Iv: Narrowing And Sharpening The Questions, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article, fourth in a five-part dialogue appearing in the Pace ELR, further responds to Professor Bruce Pardy's critique of ecosystem management. I defend ecosystem management, arguing it does not involve the standardless, unbridled administrative discretion Pardy suggests.


The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann Jan 2007

The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann

Vanderbilt Law School Faculty Publications

Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated 60-80% over the long term. To achieve these reductions, we argue that policymakers and regulators should focus not only on factories and other industrial sources of emissions but also on individuals. We construct a model that demonstrates that individuals contribute roughly one-third of carbon dioxide emissions in the United States. This one-third share accounts for roughly 8% of the world's total, more than the total emissions of any other country except China, and more than several …


Rational Discounting For Regulatory Analysis, W. Kip Viscusi Jan 2007

Rational Discounting For Regulatory Analysis, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

No abstract provided.