Administrative agencies have long proceeded on the assumption that individuals respond to regulations in ways that are consistent with traditional rational actor theory, but that is beginning to change. Agencies are now relying on behavioral economics to develop regulations that account for...

Drawing on the recent financial crisis, we introduce the concept of macro-risk. We distinguish between micro-risks, which can be managed within conventional economic frameworks, and macro-risks, which threaten to disrupt economic systems so much that a different approach is required. We argue...

This Article examines how private governance can bypass government gridlock on climate change and buy time for a national and international carbon price. A carbon price – whether in the form of a carbon tax or a cap-and-trade program – is the optimal government response but is unlikely to be...

Employee energy benefits (EEBs), such as subsidies for employee home energy audits and financial incentives for carpooling to work, aim to influence employees' environmental behaviors outside of work. Exploring these understudied benefits would offer new insights that can enrich theories of...

When the United States withdrew from the Paris Climate Agreement, 100 private corporations reaffirmed their commitment to fighting climate change. While governments are often tasked with facing climate change, many major private institutions are taking steps to significantly reduce carbon...

Much of energy policy is driven by concerns about climate change. Views about the importance of carbon emissions affect debates on topics ranging from the regulation of electricity generation and transmission to the need for incentives to develop and promote emerging technologies. Government...

This Essay argues for consideration of political opportunity costs in the criteria used to evaluate climate policy instruments. Law and policy debates typically evaluate policy instruments by their expected performance after adoption, tacitly excluding consideration of the timing of adoption....

Carbon labeling has been proposed as a way to fill gaps in governmental efforts to reduce the impact of human activity on global climate. Carbon labels can provide information that allows producers and consumers to develop and choose lower-impact products, but they have not become widespread in...

Actions by individuals and households to reduce carbon-based energy consumption have the potential to change the picture of U.S. energy consumption and carbon dioxide emissions in the near term. To tap this potential, however, energy policies and programs need to replace outmoded assumptions...

Writing in 1999, legal ethics scholar Brad Wendel noted that "very little empirical work has been done on the moral decision making of lawyers." Indeed, since the mid-1990s, few empirical studies have attempted to explore how attorneys deliberate about ethical dilemmas they encounter in their...