Law Commons^™

Free Speech Without Romance: Public Choice And The First Amendment, Daniel A. Farber

Daniel A Farber

Comments on the economics of the First Amendment doctrine of the U.S. Constitution. Background on basic economics of information and its bearing on First Amendment issues; Theory used to explain why some types of communication are at the core of First Amendment protection while others are at the periphery; Implications of the theory on the benefits of promoting self-expression as a societal value.

The Lost World Of Administrative Law, Daniel A. Farber, Anne Joseph O'Connell

Daniel A Farber

The reality of the modern administrative state diverges considerably from the series of assumptions underlying the Administrative Procedure Act (APA) and classic judicial decisions that followed the APA reviewing agency actions. Those assumptions call for statutory directives to be implemented by one agency led by Senate-confirmed presidential appointees with decision-making authority. The implementation (in the form of a discrete action) is presumed to be through statutorily mandated procedures and criteria, with judicial review to determine whether the reasons given by the agency at the time of its action match the delegated directions. This is the lost world of administrative law, …

What (If Anything) Can Economics Say About Equity?, Daniel A. Farber

Daniel A Farber

Reviews the book "Fairness Versus Welfare," by Louis Kaplow and Steven Shavell.

Carbon Leakage Versus Policy Diffusion: The Perils And Promise Of Subglobal Climate Action, Daniel A. Farber

Daniel A Farber

No abstract provided.

Environmentalism, Economics, And The Public Interest, Daniel A. Farber

Daniel A Farber

No abstract provided.

Federal Regulation Of Pyramid Sales Schemes, Daniel Farber

Daniel A Farber

No abstract provided.

Catastrophic Risk, Climate Change, And Disaster Law, Daniel A. Farber

Daniel A Farber

Disaster law promises to become an increasingly important subject over the course of this century. Climate change will increase the frequency of extreme weather events, while more people and property will be at risk due to population growth, coastal development and economic growth. Depending on the extent of climate change, the risks vary from serious to catastrophic. In dealing with these increased levels of risk, the entire disaster cycle must be considered, from pre-disaster risk mitigation to emergency response, followed by insurance and compensation, and rebuilding (and then by another potential disaster). This article provides a framework for considering these …

Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber

Daniel A Farber

In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …

Beyond All Criticism, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

No abstract provided.

Climate Justice, Daniel A. Farber

Daniel A Farber

The article reviews the book "Climate Change Justice" by Eric A. Posner and David Weisbach.

Basic Compensation For Victims Of Climate Change , Daniel A. Farber

Daniel A Farber

No abstract provided.

The Pariah Principle, Daniel A. Farber, Suzanna Sherry

Daniel A Farber

Argues the decision in the homosexuality case of `Romer versus Evans' means that Colorado's Amendment Two is invalid regardless of the level of judicial scrutiny. Failure of the `Romer' court to invoke familiar doctrinal support; Government's ban on untouchable societal groups; Arguments for invalidating Amendment Two; Definition of the pariah principle.

Climate Change: A U.S. Perspective, Daniel Farber

Daniel A Farber

Although the United States has not yet passed national legislation to reduce greenhouse gas emissions, there have been other important legal developments. The federal courts have directed the government to take action regarding climate change under existing laws, and state governments have made aggressive efforts to limit emissions. The federal government has begun to plan for adapting to climate change, and it has returned to the international bargaining table in order to play a constructive role in climate negotiations. Although the lack of national legislation is unfortunate, the American system of separation of powers allows other legal action to be …

Executive Privilege At The State Level, Daniel Farber

Daniel A Farber

No abstract provided.

Ages Of American Formalism, Daniel Farber

Daniel A Farber

No abstract provided.

Modeling Coherence, Stability, And Risk Aversion In Legislative Delegation Decisions, Daniel A. Farber

Daniel A Farber

Replying to Matthew C. Stephenson, Legislative Allocation of Delegated Power: Uncertainty, Risk, and the Choice Between Agencies and Courts, 119 Harv. L. Rev. 1035 (2006).

Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward S. Adams, Daniel A. Farber

Daniel A Farber

No abstract provided.

Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber

Daniel A Farber

This Article considers three fairness issues relating to a cap-and-trade system: fairness to industry, fairness to communities disproportionately impacted by pollution, and fairness to low-income energy consumers. First, assuming any compensation of industry is warranted, free allowances would overcompensate firms for the cost of achieving emission reductions; industry should not receive effective ownership of the atmosphere at the public's expense. Second, environmental justice advocates argue that cap-and-trade systems generate pollution hot spots and encourage dirtier plants to continue operating to the detriment of certain disadvantaged communities. However, cap and trade has no intrinsic tendency to produce increased emissions in disadvantaged …

The Scholarly Attorney As Lawyerly Judge: Stevens On Statutes, Daniel Farber

Daniel A Farber

No abstract provided.

Man Who Mistook His Life For A Plant, Daniel A. Farber

Daniel A Farber

No abstract provided.

Commercial Speech And First Amendment Theory: A Critical Exchange, Lawrence Alexander, Daniel Farber

Daniel A Farber

No abstract provided.

Environmental Federalism In A Global Economy, Daniel A. Farber

Daniel A Farber

Explores the parallel evolution of environmental and international laws. Legal systems in the United States and the European Union countries; Rise of a centralized regulation; Analysis of multijurisdictional environmental regulation.

Differences Between Canadian And U.S. Federal Systems--Resulting Effects On The Ability To Deal With Cross-Border And International Issues, Daniel Farber

Daniel A Farber

Ten years ago, I would have said the answer to the question of how federalism impacts the implementation of border agreements was "not at all," that federalism presents no barrier to implementation of any conceivable agreement that might be reached with another country. Now my answer would be a little bit different than ten years ago. There are some (at this point, relatively confined) areas where federalism could be a problem, although I think, as a practical matter, not a severe one. We are in a state of transition in the U.S. in our thinking about federalism; and it is …

Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber

Daniel A Farber

Courts have struggled in several very different contexts to determine when a decision maker can consider costs that are not explicitly addressed in the governing statute. This issue arises when agencies decide whether to conduct a rulemaking or what rule to issue after a rulemaking. It also arises when courts decide whether to enjoin a violation of a statute or whether to vacate an administrative rule rather than simply remanding. Judicial opinions point in different directions and often ignore each other.

This Article contends that the same principles should govern judicial and agency discretion to consider costs across all these …