State punitive damages reforms have altered how courts award punitive damages. We model the decision to award punitive damages as a two-step process involving the decision to award any punitive damages and the decision of what amount to award. For the Civil Justice Survey of State Courts samples...

The WTO and the broader international trade regime have seen an explosion of challenges to government support for renewable energy in the last seven years, while no country has brought a formal dispute challenging fossil fuel subsidies in the GATT/WTO’s history. This pattern is puzzling...

Interagency coordination is one of the great challenges of modern governance. This Report, prepared for the Administrative Conference of the United States (ACUS), highlights the challenges presented by fragmented agency responsibilities. Rather than oppose all agency fragmentation, the Report...

Consumer class actions are under broad attack for providing little in compensation to class members. One response to this charge is the argument that one of us has made elsewhere: consumer class actions should not be measured by their compensatory value, but by their deterrence value. But here...

This study considers intellectual property rules contained in the WTO TRIPS Agreement as they might affect climate change regulatory efforts. The TRIPS Agreement rules that are most directly applicable in this context are patents; confidential information, and enforcement of IP rights before...

This Article examines how private governance can bypass government gridlock on climate change and buy time for a national and international carbon price. A carbon price – whether in the form of a carbon tax or a cap-and-trade program – is the optimal government response but is unlikely to be...

This Essay argues for consideration of political opportunity costs in the criteria used to evaluate climate policy instruments. Law and policy debates typically evaluate policy instruments by their expected performance after adoption, tacitly excluding consideration of the timing of adoption....

This brief chapter in the (forthcoming) SAGE Handbook of Intellectual Property examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The chapter considers distinctions among types of countries...

In anticipation of the inevitable shift from adaptation planning to adaptation action, this chapter provides a background on climate change adaptation policy and a survey of climate impacts and adaptation responses likely to put some demand on legal institutions and rules. The chapter opens by...

In the search and seizure context, the United States is much more heavily wedded to warrants and exclusion than European countries and in the interrogation setting requires more robust warnings than most nations in Europe. Comparative empiricism is an empirical assessment of the relative...