Professor Aagaard joined the Villanova Law School faculty in 2008. His scholarship
focuses on environmental law and administrative law. His publications include:
Environmental Law Outside the Canon, 89 Ind. L.J. __ (Forthcoming 2014); A Functional
Approach to Risks and Uncertainties under NEPA, 1 Mich. J. Envtl. & Admin. L. (2012);
Regulatory Overlap, Overlapping Legal Fields, and Statutory Discontinuities, 29 Va.
Envtl. L.J. 237 (2011); Environmental Harms, Use Conflicts, and Neutral Baselines in
Environmental Law, 60 Duke L.J. 1505 (2011); Environmental Law as a Legal Field: An
Inquiry in Legal Taxonomy, 95 Cornell L. Rev. 221 (2010); and Factual Premises of
Statutory Interpretation in Agency Review Cases, 77 Geo. Wash. L. Rev. (2009). 

Prof. Aagaard received his B.A. with honors from Pomona College, his M.S. from the
University of Michigan School of Natural Resources and the Environment, and his J.D.
magna cum laude from the University of Michigan Law School. While at Michigan, he was the
Editor-in-Chief of the Michigan Law Review and an Executive Editor of the Michigan
Journal of Race & Law. Following completion of his J.D. and M.S. degrees, he clerked
for Second Circuit Judge Guido Calabresi, before joining the Environment and Natural
Resources Division of the U.S. Department of Justice as an attorney in the Appellate
Section. At the Justice Department, he briefed and argued civil and criminal cases in
federal courts of appeals in the areas of environmental law, natural resources law,
Indian law, and administrative law. 

Environmental Law

PDF

A Functional Approach to Risks and Uncertainties Under NEPA, Michigan Journal of Environmental & Administrative Law (2012)

The National Environmental Policy Act (NEPA) mandates that federal agencies evaluate the environmental impacts of...

 

PDF

Environmental Harms, Use Conflicts, and Neutral Baselines in Environmental Law, Duke Law Journal (2011)

Accounts of environmental law that rely on concepts of environmental harm and environmental protection oversimplify...

 

PDF

Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, Cornell Law Review (2010)

This Article examines the classification of the law into legal fields, first generally and then...

 

Administrative Law

PDF

Regulatory Overlap, Overlapping Legal Fields, and Statutory Discontinuities, Virginia Environmental Law Journal (2011)

Lawmakers and scholars alike criticize regulatory overlap on the ground that giving administrative agencies overlapping...

 

PDF

Factual Premises of Statutory Interpretation in Agency Review Cases, George Washington Law Review (2009)

This Article examines factual premises of statutory interpretation in agency review cases, and proposes an...

 

No subject area

Link

A Fresh Look at the Responsible Relation Doctrine, Journal of Criminal Law & Criminology (2006)

This Article suggests a rethinking of the responsible relation doctrine, which holds business officials, managers,...

 

Link

Note, Identifying and Valuing the Injury In Lost Chance Cases, Michigan Law Review (1998)

This Note argues that courts commonly fail to identify precisely the injury in lost chance...