Authoruclalaw

Using California’s self-consciously internationalist approach to climate change regulation as a primary example, this Article examines constitutional limitations on state foreign affairs activities. In particular, by focusing on the prospect of California’s establishment of a greenhouse gas (GHG) emissions trading system and its eventual linkage with comparable systems in Europe and elsewhere...

It is generally agreed that the world would be better off with an international agreement to control greenhouse gas emissions. But it is not entirely clear that the leading emitters—the United States and China—would be better off with the agreement that would be in the world’s interest. The first problem is that as the largest emitters, the United States and China would probably have to bear a...

The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government regulation will generate substantial reductions from the sector is a barrier to change, particularly in a political environment hostile to regulation. This Article demonstrates...

The Clean Development Mechanism (CDM) of the Kyoto Protocol is the first global attempt to address a global environmental public goods problem with a market-based mechanism. The CDM is a carbon credit market where sellers, located exclusively in developing countries, can generate and certify emissions reductions that can be sold to buyers located in developed countries. Since 2004 it has grown...

Solving the climate change problem by limiting global greenhouse gas (GHG) emissions will necessitate action by the world’s two largest emitters, the United States and China. Neither has so far committed to quantitative emissions limits. Some argue that China cannot be engaged on the basis of its national interest in climate policy, on the ground that China’s national net benefits of limiting...

This Article seeks to reconstruct the public nuisance climate change cases Connecticut v. AEP and California v. General Motors to show that, while hardly perfect, nuisance litigation could form a reasonable basis for climate change regulation, at least as much as some of the other imperfect alternatives so far proposed. This nuisance system has promise because, as outlined here, it essentially...

Life without economic subordination is recognized around the world as a fundamental human right. When individuals are economically impoverished, they are more likely to not only offend, but also repeatedly offend, because poverty compounded with the imposed civil disabilities of a criminal conviction further socially isolate and minimize their life options. This factual inference is not only...

Expelled students have intense educational needs, yet few states protect their rights to alternative education during the period of expulsion or reinstatement to mainstream education following the period of expulsion. Instead of strengthening those rights, the No Child Left Behind Act (NCLB) creates an incentive structure that encourages the exclusion of expelled students from all access to...