In April 2014 the American Bar Association will publish the second edition of Global Climate Change and U.S. Law, which is co-edited by Mike Gerrard and Jody Freeman. The first edition appeared in 2007 and was widely adopted in law school courses; this second edition adds several entirely new...

The climate change debate in the United States has now moved beyond arguments about whether climate change is real and man-made to focus on what the country should do about this threat. In this excerpt of an Article published in the Columbia Law Review, we take on and debunk the “climate...

The public policy debate on the appropriate American response to climate change is now in full swing. There are no longer significant voices disputing that climate change is real or that it is primarily the result of human activity. The issue today is what the United States should do about...

In this contribution to a Yale Journal on Regulation tribute issue honoring Seventh Circuit Judge Richard Cudahy's distinguished career, we explore his energy law opinions. His opinions addressing energy issues elaborate on two recurring themes in U.S. energy law: judicial humility and deference...

This is a review of lt;igt;The Limits of Competition Law: Markets and Public Serviceslt;/igt; (Oxford 2005), by Tony Prosser, a Professor of Public Law at the University of Bristol, England. When competition laws and other public service principles are in tension, can courts avoid a collision or...

This amicus brief was filed in the Federal Energy Regulatory Commission v. Electric Power Supply Association energy law demand response case (and companion case brought by EnerNOC and others), which the U.S. Supreme Court will hear in fall 2015. It was co-authored by Joel Eisen (University of...