The inherent complexity of polycentric systems of governance brings both benefits and costs. Institutional diversity facilitates collective action by diverse groups within a community, but at the cost of losing any clear sense of the responsibilities and accountability of public officials. Such...

Economists and legal scholars have known for decades that "economic instruments," including cap-and-trade regimes and effluent taxes, can reduce emissions at lower cost than command-and-control regulations. Yet, the US system of environmental law remains heavily dominated by command-and-control....