Environmental & Urban Law

All Hands on Deck: Local Governments and the Potential for Bidirectional Climate Change Regulation

Katherine Trisolini

Solutions are not coming from Washington. Solutions are coming from our cities. . . . We are the ones that address the issues that matter to people the most. We are the ones that provide the front line, the last hope. . . . When faced with inaction on climate… Read More »

Constructing Commons in the Cultural Environment

Michael J. Madison & Katherine J. Strandburg & Brett Frischmann

The Maine lobster fishery is a successful example of a managed natural resource commons.  To ensure an ongoing supply of lobsters in the face of threats to the fishery from unregulated over-fishing, over a period of years Maine lobster fishermen crafted a set of formal and informal rules to determine… Read More »

Public Communities, Private Rules

Hannah Wiseman - University of Texas Law School

Place matters. No matter one’s income, and no matter one’s status as a renter or homeowner, the communities where we spend our lives strongly affect our daily enjoyment of life. The appearance of these communities is a strong component of this satisfaction. Concerns about the physical appearance of neighborhoods and… Read More »

Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy

& Todd S. Aagaard

What is environmental law?  When we describe a factual pattern, case, or rule as arising within environmental law, what associations do we mean to convey by that designation?  What, if anything, unifies environmental law?  Is environmental law a legal field, or just an amalgamation of laws arranged under a general… Read More »

Existing Uses and the Limits of Land Use Regulations

Christopher Serkin - Brooklyn Law School

Existing uses occupy a special place in property and land use law.  A use, once established, is imbued with an expectation that it may continue to exist, even in the face of regulatory change.  For example, once built, a building becomes all but immune from subsequently enacted zoning rules.  As… Read More »

The Case for Limiting Federal Preemption of State Environmental Regulations

Brian T. Burgess - Law Clerk to Judge Guido Calabresi

States have exhibited leadership in environmental policy, addressing issues of national and global scope.  But this leadership is threatened by federal ceiling preemption—federal laws that prevent states from adopting regulations that are stricter than federal standards.
Environmental law scholars argue that federal ceiling preemption has pernicious effects. These scholars fail, however,… Read More »

Institutional Design for Lawmaking and Climate Change: Restraining the Present to Liberate the Future

Richard J. Lazarus - Georgetown University Law Center

During the next four years, the new President, Barack Obama, and new Congress are expected to join together in the first serious effort in the United States to enact sweeping national legislation to address global climate change.  If they are successful, federal climate legislation will be the first major environmental… Read More »

Iterative Federalism and Climate Change

Ann E. Carlson - UCLA School of Law

With the election of Barack Obama as President, national and global attention on climate change will turn to the federal government.  Though the looming economic crisis may slow a federal response, President Obama has made clear his support for ambitious action on climate change with a cap and trade scheme… Read More »

Welcome to Legal Workshop

New York University & Stanford University

Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
 
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
The Legal Workshop features… Read More »