The use of rationalized risk assessment to identify the costs and benefits of protecting Aboriginal sacred sites is ubiquitous in Canadian law. Like other contemporary critics of cost-benefit analysis, I voice concerns with its use to adjudicate moral claims and recognize that it can misidentify...

Arguments for and against mandatory labels for genetically modified foods tend to be based upon the assertion of public interest. Those who advocate against labels say GM foods are safe and carry significant social benefits, such as increased yields, reduced use of pesticides and enhanced...

This white paper starts from the recognition that the value of the regulatory system cannot be captured in a single number or metric, such as the concept of net benefits often touted by conservative economists. Instead, one must look at a more complex mosaic of evidence. When compiled and...

Sustainable food policies strive for environmental, healthy, economically just, and humane food production. Their success has ignited legal debates about the Constitution. This is not new. Iconic constitutional law cases examine sustainable food, such as meat in the Slaughter-House Cases (1873),...

An appropriately conceived and well-designed border climate adjustment scheme, as a policy mechanism potentially utilizable by many States party to the United Nations Framework Convention on Climate Change, may lead to desirable consequences for the development of comprehensive global greenhouse...

This work is divided into two complementary parts. In the first part, we develop a partial equilibrium model, through which it is possible to analyze the influence of tariff modicity and the illegal occupation of poles on four agents: energy distributors, telecommunications operators, and energy...

The vast majority of climate change impacts will accrue on foreign soil, to people who have yet to be born. How should domestic policymakers think about these impacts, and what practices are already in place to account for the foreign impacts of domestic climate change policy? This Article...

This article explores the question of whether contemporary regulatory reformers' attitudes toward government regulation have anything in common with those of the Lochner-era Court. It finds that both groups tend to favor value-neutral law guided by cost-benefit analysis over legislative value...

Over the past thirty years, the dominant rationale for mandatory, formal cost-benefit analysis (CBA) of federal health, safety and environmental regulations has changed from “CBA operates as a necessary institutional roadblock against power-hungry regulators” to “CBA is a neutral tool that...

This article explores how deeply held philosophies and environmental risk allocation are "real" values in terms of enivronmental impacts, and as such should be considered under NEPA. If this were the case, this would make the operation of NEPA more transparent and efficient