Drawing upon a preliminary analysis of the Roberts Court’s decisions in environmental cases prepared for a January 2009 Santa Clara Law Review symposium on “Big Business and the Roberts Court,” this essay assesses claims that the Roberts Court has shown itself to be particularly...

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in...

This essay, based on remarks at the 2011 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote...

Fisheries the world over are poorly managed and under stress. Yet, proper fishery management can both conserve fisheries and maintain their value as a resource for human consumption. One approach long recommended by economists has been the allocation or recognition of property rights in...

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the...

This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of...

This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: 1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal...

The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These...

Nanotechnology processes and nanoscale particles are widely used in consumer products. Yet relatively few products containing nanomaterials reveal this fact on the product label. Is this a problem? The use of nanotechnology in consumer products has many potential benefits, but it may also pose...

Free market environmentalism (FME) analyzes environmental problems as property rights problems. Whereas conventional analyses characterize environmental problems as examples of 'market failure,' FME diagnoses point to the lack of markets, and in particular a lack of enforceable and exchangeable...