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Food Law's Agrarian Question: Capital, Global Farmland, and Food Security in an Age of Climate Disruption
In: Forthcoming, Research Handbook on International Food Law (Michael Roberts ed., 2023)
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The Poverty of Theory: Public Problems, Instrument Choice, and the Climate Emergency
The instrument choice debate has been a fixture of environmental law for much of the last three decades. While this debate has led to a much sharper focus on the relative merits of different regulatory tools in confronting environmental problems, it has also left the field unprepared to conceive and implement an adequate response to complex, multifaceted challenges such as climate change. Using the case of emissions trading, this Article investigates how the instrument choice debate has impoverished our conception of government and limited our capacity to respond to the climate crisis. The central claim is that the overly abstract theory of instrument choice that has underwritten widespread enthusiasm for emissions trading and other forms of carbon pricing over the last three decades has led to a sharply diminished view of public engagement and government problem solving. In advancing this claim, the Article makes three main contributions. First, it provides a critical intellectual and institutional history of emissions trading that, for the first time, situates it within a broader history of instrument choice in law, economics, and political science. Second, it uses this history to develop and demonstrate a more reflexive and critical theory of policy instruments and government problem solving, showing how the mainstream instrument choice debate has constrained our conceptions of the regulatory state and its capacity for climate action in jurisdictions around the world. Third, and finally, it advances a series of normative claims that seek to rethink and reimagine a more responsive and expansive approach to government problem solving in the face of the looming climate emergency.
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Ways of Price Making and the Challenge of Market Governance in U.S. Energy Law
In: 105 Minnesota Law Review 739 (2020)
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The Clean Air Act's National Ambient Air Quality Standards: A Case Study of Durability and Flexibility in Program Design and Implementation
In: In Lessons from the Clean Air Act: Building Durability and Adaptability into U.S. Climate and Energy Policy (Carlson and Burtraw eds., Cambridge 2019)
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Just Price, Public Utility, and the Long History of Economic Regulation in America
In: 35 Yale Journal on Regulation 721 (2018)
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Environmental Law, Big Data, and the Torrent of Singularities
In: 64 UCLA L. Rev. Disc. 544 (2016)
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Public Utility and the Low Carbon Future
In: UCLA Law Review, Band 61, Heft 1614
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Controlling Toxic Harms: The Struggle Over Dioxin Contamination in the Pulp and Paper Industry
In: Stanford Environmental Law Journal, Band 21, Heft 345
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Genealogies of Risk: Searching for Safety, 1930s-1970s
In: Ecology Law Quarterly, Band 39, S. 895
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Eyewitness: William Boyd on Ken Saro-Wiwa
In: Index on censorship, Band 39, Heft 4, S. 93-96
ISSN: 1746-6067
William Boyd on Ken Saro-Wiwa
Climate Change, Fragmentation, and the Challenges of Global Environmental Law: Elements of a Post-Copenhagen Assemblage
In: University of Pennsylvania Journal of International Law, Band 32, Heft 2, S. 457
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Deforestation and Emerging Greenhouse Gas Compliance Regimes: Toward a Global Environmental Law of Forests, Carbon, and Climate Governance
In: DEFORESTATION AND CLIMATE CHANGE: REDUCING CARBON EMISSIONS FROM DEFORESTATION AND FOREST DEGRADATION, pp. 1-25, Bosetti & Lubowski, eds., Edward Elgar, 2010
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Ways of Seeing in Environmental Law: How Deforestation Became an Object of Climate Governance
In: Ecology Law Quarterly, Band 37, Heft 843
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Wonderful Potencies: Deep Structure and the Problem of Monopoly in Agricultural Biotechnology
In: Engineering Trouble: Genetic Engineering and Its Discontents, Kelso and Schurman, eds., University of California Press, 2003
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