Unpublished Papers
Property Rights on the New Frontier: Climate Change, Natural Resources Development, and Renewable Energy, ExpressO (2010)
This Article explores the history of natural resources law and pollution control law to provide...
State Standards for Nationwide Products Revisited: Federalism, Green Building Codes, and Appliance Efficiency Standards, ExpressO (2009)
This Article considers the federal preemption of state standards for building appliances and places the...
Climate Change, Carbon Sequestration, and Property Rights (with Elizabeth J. Wilson), ExpressO (2009)
This Article considers the role of property rights in efforts to transport, inject, and store...
Tort Experiments in the Laboratories of Democracy, ExpressO (2008)
This Article considers the broad range of “tort experiments” states have undertaken in recent years...
Climate Change and Carbon Sequestration: Assessing a Liability Regime for Long-term Storage of Carbon Dioxide (with Elizabeth J. Wilson), ExpressO (2008)
As the nation struggles with how to address climate change, one of the most significant...
The Frontier of Eminent Domain, ExpressO (2007)
The Supreme Court’s 2005 decision in Kelo v. City of New London brought the issues...
The Frontier of Eminent Domain, ExpressO (2007)
The Supreme Court’s 2005 decision in Kelo v. City of New London brought the issues...
Punitive Damages and Valuing Harm, ExpressO (2007)
In 2003, the Supreme Court created a presumption that only single-digit ratios of punitive damages...