By Jedediah Purdy There is a firestorm of political and cultural conflict around environmental issues, including, but running well beyond, climate change. Legal scholarship is in a bad position to make sense of this conflict because the field has concentrated on making sound policy recommendations to an idealized lawmaker, neglecting the deeply held and sharply clashing values … [Read more...] about American Natures: The Shape of Conflict in Environmental Law
environmental policy
Two Cheers for Feasible Regulation: A Modest Response to Masur and Posner
By David M. Driesen This Article compares the relative merits of feasibility and cost-benefit based regulation, responding to a recent article by Jonathan Masur and Eric Posner on this topic. Normatively, it shows that the lack of correlation between non-subsistence consumption and welfare supports the argument that regulation should be strict, unless widespread plant … [Read more...] about Two Cheers for Feasible Regulation: A Modest Response to Masur and Posner