Administrative Law
Massachusetts v EPA: Escaping the Common Law's Growing Shadow, 2007 Supreme Court Review 111 (2008)
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly...
Presidential Management of the Administrative State: the Not-so-Unitary Executive, 51 Duke Law Journal 963 (2001)
Restoring Regulatory Policy to Serve the Public Interest, Winning America: Ideas and Leadership for the 1990s (1988)
The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policy Making, 1987 University of Chicago Law Forum 327 (1987)
Constitutional Law
Massachusetts v EPA: Escaping the Common Law's Growing Shadow, 2007 Supreme Court Review 111 (2008)
In its first full Term with its newest member, the U.S. Supreme Court marched decidedly...
"Greening" the Constitution - Harmonizing Environmental and Constitutional Values, 32 Environmental Law 809 (2002)
Presidential Management of the Administrative State: the Not-so-Unitary Executive, 51 Duke Law Journal 963 (2001)
Separation of Powers, the Presidency and the Environment, 21 Journal of Land, Resources & Environmental Law 25 (2001)
Checks Without Balance: Executive Office Oversight of the Environmental Protection Agency, 54 Law and Contemporary Problems 127 (1991)
Environmental Law
Environmental Law: Statutory and Case Supplement with Internet Guide, 2009-2010 (with Christopher H. Schroeder), (2009)
Environmental Regulation: Law, Science, and Policy (with Christopher H. Schroeder, Alan S. Miller, and James P. Leape), (2009)
The Emergence of Global Environmental Law (with Tseming Yang), 36 Ecology Law Quarterly 615 (2009)
With the global growth of public concern about environmental issues over the last several decades,...
21世纪环境法展望 (Environmental Law in the 21st Century), 2008 International and Comparative Environmental Law Review 204 (2008)
After reviewing the history of environmental law, this article discusses some important lessons that can...
Legal History
Environmental Law in the Supreme Court: Highlights from the Blackmun Papers, 35 Environmental Law Reporter 10637 (2005)
The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that...
Who's Afraid of the Precautionary Principle?, 23 Pace Environmental Law Review 21 (2005)
The precautionary principle – the notion that lack of scientific certainty should not foreclose precautionary...
The Clean Water Act and the Demise of the Federal Common Law of Interstate Nuisance, 55 Alabama Law Review 717 (2004)
Environmental Law in the Supreme Court: Highlights From the Marshall Papers, 23 Environmental Law Reporter 10606 (1993)
Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed...