This working paper considers the effects of two California bills related to greenhouse gas (GHG) regulation – SB 375 (land use and transportation) and SB 97 (new CEQA Guidelines for GHG planning) – on local land use and regional transportation planning – in particular to contribute to...

In this short paper, I shall answer the title's question first in the context of criminal law and then in the context of tort law. In that latter section I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus....

In this short essay, I argue that the pursuit of equality beyond equality before the law and a generous safety net is to be resisted. That pursuit tends to produce impoverishment and repression. And it is at odds with the pursuit of excellence, beauty, individuality, and achievement. A state of...

In September of 2017, the U.S. Commission on Civil Rights issued a report entitled, Targeted Fines and Fees. This Statement was part of that report. It supports some aspects of the report and critiques others. In particular, it agrees with the report that some cities and towns derive a...

In January of 2018, the U.S. Commission on Civil Rights issued a report entitled Public Education Inequity in an Era of Increasing concentration of Poverty and Resegregation. This Statement was part of that report. It critiques the report on the ground that, contrary to the what the report...

In the aftermath of the 2007-08 global financial crisis, regulators and policy makers recognized the importance of making bond ratings publicly available. Although rating agencies have made some data available, obtaining this information in bulk can be difficult or impossible. At some times, the...

On September 30, 2016, the U.S. Commission on Civil Rights published a report entitled "Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898." This Dissenting Statement, written by Commissioner Gail Heriot, was...

In November of 2017, the U.S Commission on Civil Rights published a report entitled “Working for Inclusion: Time for Congress to Enact Federal Legislation to Address Workplace Discrimination Against Lesbian, Gay, Bisexual and Transgender Americans.” This Commissioner Statement was part of...