Maritime policy analysts often invoke the 'vessel safety net' metaphor to explain the independent but overlapping risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from...

The aim of this paper is to call for the need of a theoretical model of pharmaceutical products safety in which the two systems of regulation and liability operate complementarily. The question is why two legal tools that are meant to achieve and protect the same goal (protection of consumers)...

Most any industry, property owner, or individual is simultaneously subject to countless regulations at the local, state, and federal levels. That is an unavoidable consequence of living in the modern administrative state. At least some of those regulations are arbitrary or unreasonable, exceed...

In the United States insurance is regulated both by state insurance commissions and class action litigation. The interaction of these two systems has not been extensively studied. We examine four different facets of the regulation litigation tradeoff. The first is to examine whether a...

The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits to overturn actions by coastal states and cities rejecting proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new “law of energy exports”...

During 2018, Peru signed the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Costa Rica) (March) and adopted the Declaration of Buenos Aires (October). This year was also important for the...

This Article proposes a new method of reducing the costs administrative agencies incur in monitoring regulatory compliance by a firm that operates multiple sources of risk, such as air-polluting smokestacks. The expense of individually monitoring such sources directly may consume a large share...

In November 2016, just two days after the election of President Donald Trump, the federal district court in Oregon handed down Juliana v. Obama, a remarkable decision that refused to dismiss a lawsuit brought by youth plaintiffs who claimed that federal government's fossil fuel policies over the...

In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...

A versão em português deste texto está disponível em: "http://ssrn.com/abstract=2441607" http://ssrn.com/abstract=2441607 La versione italiana di questo documento è disponibile all'indirizzo: "http://ssrn.com/abstract=2607031" http://ssrn.com/abstract=2607031La versión en español de este...