Corporations and other forms of business organizations can be supplemented with blockchain-based agency constructs. Blockchain-based decentralized autonomous organizations (DAOs) expand the definition of the firm. On-chain DAO governance enables dynamic regulatory features that facilitate...

This paper suggests that a mixture of measures may be needed to encourage renewable energy under the Kyoto Protocol. It explains that the goal of maximizing short term cost effectiveness tends to conflict with the goal of encouraging the long-term technological development that the world will...

In environmental criminal law, often vague notions are used to describe the behaviour that should be punished. This is also the case in a recent EC Directive on environmental crime. This EC Directive forces Member States to use the criminal law as an enforcement mechanism in case of violations...

Observers of environmental policy increasingly urge regulators to build consensus before making policy decisions. By seeking consensus, regulators are supposed to be able to reduce conflict, increase compliance, improve public policy, and promote public participation. Yet consensus-building...

In her article, Bypassing Federalism and the Administrative Law of Negawatts, Sharon Jacobs educates her readers about the concept of demand response, and then describes its propagation in recent years while making the broader argument that the Federal Energy Regulatory Commission (“FERC”)...

Timing is an important consideration in regulatory design. Corrective taxes are usually imposed before or contemporaneously with the harmful activity they are aimed at preventing, while tort awards are assessed ex post, in its aftermath. Patents and research grants both can encourage innovation,...

Many in the energy sector are calling for a transformation of the traditional utility model. However, proposals for “Utility 2.0” typically maintain the bilateral, adversarial relationship between the utility and its regulator. This article posits that one of the key flaws in the U.S....

A heated debate has emerged among legal academics over the continued appropriateness of using cost-benefit analysis (CBA) as a decisionmaking tool in federal administrative agencies. Environmentalists and other progressive thinkers argue that regulators should abandon CBA in favor of more...

When is it socially advantageous for legal rules to be changed in the light of altered circumstances? In answering this basic question here, a simple point is developed - that past compliance with legal rules tends to reduce the social advantages of legal change. The reasons are twofold:...