pubs

Books

Law as Data: Computation, Text, and the Future of Legal Analysis (Santa Fe Institute Press, 2019) (ed. with Daniel Rockmore)

Environmental Law and Policy (Foundation Press, 2019) (4th ed. with Richard Revesz, Caroline Cecot, and Jayni Foley Hein).

The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013) (ed. with Richard L. Revesz).

Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (Oxford University Press, 2008) (with Richard L. Revesz).

Chapters

“Regulating Regulation: Impact Assessment and Trade,” in Megaregulation Contested: Global Economic Ordering After TPP (Oxford University Press, Benedict Kingsbury et al. eds., 2019) (with Jason Schwartz).

“Economics and Environmental Law Scholarship,” in Perspectives on Environmental Law Scholarship: Essays on Purpose, Shape and Direction (Cambridge University Press, Ole W. Pedersen ed., 2018) (with Caroline Cecot).

“Environmental Law and Economics,” in Oxford Handbook of Law and Economics (Oxford University Press, Francesco Parisi, ed., 2017) (with Richard L. Revesz).

“Setting the Social Cost of Carbon,” in Climate Change Law (Edward Elgar, Encyclopedia of Environmental Law, Daniel Farber and Marjan Peeters eds., 2016).

“Balanced Job Impact Analysis,” in Does Regulation Kill Jobs? (University of Pennsylvania Press, Cary Coglianese, Adam Finkel & Christopher Carrigan, eds., 2014) (with Jason Schwartz).

“Can Executive Review Help Prevent Capture?” in Preventing Regulatory Capture: Special Interest Influence and How to Limit It (Cambridge University Press, Dan Carpenter & David Moss, eds., 2014) (with Richard L. Revesz).

“The Shape of Distributional Analysis,” in The Globalization of Cost-Benefit Analysis in Environmental Policy (Oxford University Press, 2013) (with Jennifer S. Rosenberg) (translated into Spanish and French)

Articles

“Administrative Law for an Era of Partisan Volatility,” 69 Emory Law Journal 1 (2019) (with Daniel Richardson).

“Sociopolitical Feedbacks and Climate Change,” Harvard Environmental Law Review 119 (2019) (with Peter Howard).

“Bending the Law: Geometric Tools for Quantifying Influence in the Multinetwork of Legal Opinions” Artificial Intelligence and Law (2018) doi.org: 10.1007/s10506-018-9224-2 (with Greg Leibon, Reed Harder, Allen Riddell and Dan Rockmore).

“Computationally Assisted Participatory Rulemaking” 93 Notre Dame Law Review 977 (2018) (with Vladimir Eidelman and Brian Grom).

“The U.S. Supreme Court and the Judicial Genre” 59 Arizona Law Review 837 (2017) (with Allen B. Riddell and Daniel N. Rockmore).

“The Perils of Experimentation,” 126 Yale Law Journal ­­636 (2017).

“A Quantitative Analysis of Writing Style on the U.S. Supreme Court,” 93 Washington University Law Review 1461 (2016) (with Keith Carlson and Daniel Rockmore).

“Political Parties and Presidential Oversight,” 66 Alabama Law Review 45 (2015).

“The Measurement of Subjective Value and Its Relation to Contingent Valuation and Environmental Public Goods,” 10(7) PLoS ONE e0132842 (2015) (with  Mel W. Khaw, Paul Glimcher, Denise Grab, and Christian Vossler).

“Rethinking Health-Based Environmental Standards,” 89 New York University Law Review 1184 (2014) (with Richard L. Revesz) (included in Environmental Law Institute annual review of best environmental law scholarship).

“Cost-Benefit Analysis and Agency Independence,” 81 University of Chicago Law Review 609 (2014).

“The Meaning of Green Growth,” 3 Michigan Journal of Environmental and Administrative Law 33 (2013).

“Regional Variation, Holdouts, and Climate Treaty Negotiations,” 4 Journal of Benefit-Cost Analysis, art. 1 (2013) (with J. Scott Holladay).

“Patience is an Economic Virtue: Real Options, Natural Resources, and Offshore Oil,” ­­­84 University of Colorado Law Review ­­­581 (2013).

“Regulatory Review, Capture, and Agency Inaction,” 101 Georgetown Law Journal 1337 (2013) (with Richard L. Revesz).

“Can Cost-Benefit Analysis of Environmental Policy Go Global?” 19 New York University Environmental Law Journal 146 (2011).

“Retaking Rationality: Two Years Later,” 48 Houston Law Journal 1 (2011) (with Richard L. Revesz).

“A Brief Comment on ‘Humanizing Cost-Benefit Analysis,’” 2011 European Journal of Risk Regulation 13.

“Water Pollution and Regulatory Cooperation in China,” 44 Cornell International Law Journal 101 (2011) (with Craig Wenner & Hong Lan).

“Environmental Law: The Future of Cost-Benefit Analysis in Environmental Policy,” 17 University of Baltimore Journal of Environmental Law 189 (2010) (transcript of panel discussion).

“Análisis Cost-Beneficio en Paises en Vías de Desarrollo,” 117 Estudios Públicos 21 (2010).

“Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner,” 59 Duke Law Journal 1187 (2010).

“Pitfalls of Empirical Studies that Attempt to Understand the Factors Affecting Appellate Decisionmaking,” 58 Duke Law Journal 1895 (2009) (with Hon. Harry T. Edwards).

“Cause or Cure? Cost-Benefit Analysis and Regulatory Gridlock,” 17 New York University Environmental Law Journal 107 (2008).

“Reviving Environmental Protection: Preference-Directed Regulation and Regulatory Ossification,” 25 Virginia Environmental Law Journal 311 (2007).

Book Note, “Conversation, Representation, and Allocation: Justice Breyer’s Active Liberty,” 81 New York University Law Review 1505 (2006) (with D. Theodore Rave).

Note, “Authority and Legitimacy in Global Governance: Deliberation, Institutional Differentiation, and the Codex Alimentarius,” 81 New York University Law Review 766 (2006).

Short Works and Papers

Comment, “Will AI Eat ELS?” 174 Journal of Institutional and Theoretical Economics 214 (2018)

“Centralizing Congressional Oversight,” 32 Journal of Law and Politics 201 (2017) (with Matthew Brooker)

“The One-In, Two-Out Executive Order Is a Zero,” 166 University of Pennsylvania Law Review Online 1 (2017) (with Caroline Cecot).

Letter, “Best Cost Estimate of Greenhouse Gases,” 357 Science 655 (2017) (with Richard Revesz, Michal Greenstone, Michael Hanemann, Thomas Sterner, Denise Grab, Peter Howard and Jason Schwartz)

Letter, “The Social Cost of Carbon: A Global Imperative,” 11 Review of Environmental Economics and Policy 172 (2017) (with Kenneth Arrow, Michael Oppenheimer, Peter H. Howard, Richard L. Revesz, Jason Schwartz and Thomas Sterner)

Book Review, “Uncommon Ground: How Presidents Interpret the Constitution by Harold H. Bruff” 79 The Historian 568 (2017).

“Rethinking Health-Based Environmental Standards and Cost-Benefit Analysis” 46 Environmental Law Reporter 10,674 (2016) (with Richard L. Revesz).

“Interest Groups and Environmental Policy: Inconsistent Positions and Missed Opportunities,” 45 Environmental Law 1 (2015) (with Richard L. Revesz).

Comment, “Global warming: Improve economic models of climate change,” 508 Nature 173 (April 10, 2014) (with Kenneth Arrow, Lawrence H. Goulder, Peter H. Howard,  Robert E. Kopp, Michael Oppenheimer, Richard L. Revesz and Thomas Sterner).

“Tacking in Shifting Winds: A Short Response to Bubb and Pildes, 127 Harvard Law Review Forum 204 (2014) (with Quinn Curtis and Andrew Hayashi).

“All the Authority the Agency Needs to Regulate GHGs,” 30 Envtl. Forum 49 (Nov./Dec. 2013)

“Prevailing Academic View on Compliance Flexibility under § 111 of the Clean Air Act,” (Resources for the Future Discussion Paper 11-29, 2011) (with Gregory E. Wannier, Jason A. Schwartz, Nathan Richardson, Michael B. Gerrard, and Dallas Burtraw).