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Climate Change

The Law and Science of Climate Change Attribution

There is overwhelming scientific agreement that human activities are changing the global climate system and that these changes are already affecting human and natural systems. Significant advances in climate change detection and...

The Uses of Climate Change Attribution Science: The NGO Practitioner's View

Climate advocates are fortunate to have the benefit of the thorough assessment of climate change attribution science and its application to climate policy and litigation that Michael Burger, Jessica Wentz, and Radley Horton have...

Externalities and the Common Owner

This Article expands the consideration of the effects of common ownership from the industry level to the market-portfolio level and argues that diversified investors should rationally be motivated to internalize intra-portfolio negative...

A Welfare Function for Shareholder Engagement: Recognizing Profit for What It Is

Madison Condon’s Externalities and the Common Owner (ECO) plays an important role in the growing literature around shareholder activism aimed at increasing portfolio returns, regardless of individual firm effects. The article...

Can't We All Just Get Along?: How Diversified Investors and Companies Can Maintain Their Fiduciary Duty in a Climate Crisis

Madison Condon’s Externalities and the Common Owner warrants serious attention and consideration by a broad variety of stakeholders—investors, public policymakers, academics, and citizens concerned about the systemic risks...

Externalities and the Common Owner: View From a Shareowner

California Public Employees’ Retirement System (CalPERS) is the largest-defined benefit public pension fund in the United States, with about $450 billion in global assets under management. CalPERS actively protects its rights as an...

Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris

With the dawn of the Joseph Biden Administration, there is renewed optimism that the United States will take steps to fulfill its responsibilities under the Paris Agreement and curb greenhouse gas (GHG) emissions. Electrification is a...

Eminent Domain Law As Climate Policy

This abstract is adapted from Alexandra B. Klass, Eminent Domain Law as Climate Policy, 2020 Wis. L. Rev. 49 (2020), which contends that states should consider limiting eminent domain rights for fossil fuel projects and...

Global Perspective on Climate and Energy Justice

The first biennial symposium of the Institute for Global Understanding at Monmouth University was held March 25-27, 2021. The symposium assembled experts from the government, nonprofit, academic, community, and private sectors to...

The Legal and Administrative Risks of Climate Regulation

Prioritizing federal environmental regulation as the primary means of achieving dramatic, rapid reductions in greenhouse gas (GHG) emissions may be a strategic mistake. Regulatory mandates, particularly if based upon existing statutory...

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