Environmental controls in the United States are often said to be “technology-based” because the pollution source's duties are determined by the available technology for controlling that pollution rather than by the social costs and benefits of doing so. Indeed, this is much of what...

Property is surely among the U.S. Constitution's principal objects of protection. As a right, though, property is jurisdictionally complex. The underlying law defining property can always change, making the constitutional protection of property inherently indexical, like the words "here" and...