Academia

A Hidden Property Gem From Justice Jackson

Robert Jackson

Where Do Property Rights Come From?

Although it is never fun to do new class preparation, I like teaching new classes because it forces me gives me the opportunity to learn new material and new areas of law. So it is this semester, when I will teach water law for the first time. In this case, not only have I learned […]

Continue Reading

The Emergence of Climate Law Courses

Obama law school

It's an increasingly widespread law school course.

The U.S. legal system has only begun to address climate change in the past ten or fifteen years. It was inevitable that this subject would infiltrate basic environmental law courses, especially given that there have now been three Supreme Court cases on the subject.  But climate change is now increasingly the subject of separate courses […]

Continue Reading

Back in the Fast Lane

San Diego Trolley

New Pritzker Brief from UCLA Law on Making Public Transit Work

Fellow blogger Ethan Elkind has spent a lot of time researching the history, politics, and future of transit in California.  Earlier this year he published Railtown, a fascinating portrait of the fight over development of the L.A. Metro rail system, revealing the degree to which that development has been driven by good old-fashioned politics and even intrigue […]

Continue Reading

A Response to John Nagle: The Clean Air Act as a Whole Supports Climate Regulation

clean air act signing

Debating the Relationship between the Healthcare Fight and Climate Regulation

Last week, conflicting federal court decisions regarding the Patient Protection and Affordable Care Act, commonly known as the ACA or “Obamacare,” set the nation abuzz. In Halbig v. Burwell, the D.C. Circuit Court of Appeals struck down an Internal Revenue Service (IRS) regulation providing federal subsidies to low-income taxpayers who purchase health insurance through a […]

Continue Reading

General Permits and the Regulation of Greenhouse Gases

The Supreme Court ignored a major option for effective regulation

Author’s Note:  The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. It is also cross-posted at Reg Blog.  Reg Blog, supported by the U Penn Program on Regulation is an […]

Continue Reading

Can Behavioral Economics Be Saved?

Daniel Kahneman: "train wreck"

Statistical Manipulation Has Led To Embarrassing Results, But the Field Is Working Hard to Maintain Integrity

You might think that’s a funny question, because it is all the rage now in academia. Last month’s Harvard Law Review featured an article by Ryan Bubb & Richard Pildes arguing that behavioral economics does not go far enough. But an article in this month’s Pacific Standard by Jerry Adler reveals a growing problem with […]

Continue Reading

Statutes of Limitations, Statutes of Repose, and Latent Harms

A warning sign posted outside the CTS property.  Credit: Jeremy P. Jacobs.

Can plaintiffs harmed years after exposure to toxic substances seek relief?

You may not have heard of CTS Corp. v. Waldburger.  At a glance, it is relatively unremarkable, a private nuisance suit between landowners and a retired manufacturing facility.  Much of the work on the plaintiffs’ side has been handled by students.  In a sense, the case hasn’t even begun yet—a judge found that the plaintiffs waited […]

Continue Reading

Berkeley and UCLA Law Students Take Top Spots at State Environmental Law Negotiations Competition

CalBar Negotiations Comp

Students bargain for environmental protection, economic benefits at annual event

Last Friday, the California Bar Association held its 15th Annual Student Environmental Negotiations Competition, at UCLA School of Law.  Negotiations competitions stand beside mock trial and moot court programs as means for students to gain experience with the kind of work they’ll be doing after law school.  The CalBar competition is open to all California […]

Continue Reading

Two good recent articles on environmental law

Regulating diffuse harms is a key future challenge for environmental law

JOTWELL is a blog dedicated to highlighting some of the best, recent legal scholarship.  I recently posted a review there of two excellent recent articles in environmental law — I think they’re both terrific because they both highlight what I think will be an increasingly important issue in the future of environmental law: How we […]

Continue Reading