This paper explicates the four building blocks underlying emission standard guidelines in the U.S. EPA's proposed clean power plan for reducing carbon dioxide emissions from the U.S. electric power sector. It critically analyzes the methodology by which EPA has assessed the cost and...

The system of residential mortgage contact regulation enacted by the 2010 Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 has been justified as necessary to prevent lenders from exploiting consumer misperception and impatience through the sale of complex mortgage contracts with...

This Article sets out a positive theory that explains the late twentieth-century federalization of American environmental law. On this theory, federalization occurred not because states had failed to regulate to reduce air and water pollution, but because older and heavily developed states...

Working from a sample of all consumer class actions filed in the Northern District of Illinois over the period 2010-2012 (totaling 510), this paper reports and analyzes data on class actions under four federal consumer protection statutes, the Electronic Funds Transfer Act (EFTA) the Fair Credit...

This paper, which appeared as Chapter 7 in Johnston, Climate Rationality: From Bias toBalance (2021), explains the economic and energy security challenges that arise when largeamounts of electric power come from intermittent renewable power sources such as wind andsolar. It overviews the...

Climate change may potentially increase the magnitude of losses from natural hazards, but the United States experience shows that the primary reason for escalating losses is policy failure. It is well known that centralised, taxpayer-funded ex post disaster relief has actually encouraged...

The effect of alternative property rights regimes on the choice between taking an object and acquiring it via a consensual exchange is experimentally explored in a two-period screening game. Results are generally consistent with equilibrium predictions, suggesting that property rights regimes...

Legal scholarship has come to accept as true the various pronouncements of the Intergovernmental Panel on Climate Change (IPCC) and other scientists who have been active in the movement for greenhouse gas (ghg) emission reductions to combat global warming. The only criticism that legal scholars...