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Precautionary Federalism and the Sharing Economy [Abstract]

ELR Article

To date, scholars and policymakers have focused primarily on whether and how the government should regulate the sharing economy—that is, on what form, if any, regulation should take. This Article focuses on a logically antecedent...

Hybridizing Law: A Policy for Hybridization Under the Endangered Species Act [Abstract]

ELR Article

With the new technologies, many species we are currently protecting could technically be unsuitable for protection based on a rigid interpretation of the ESA. A defined hybrid policy must be adopted, taking into consideration the twin...

Relative Administrability, Conservatives, and Environmental Regulatory Reform

ELR Article

While the nation has made great progress on a number of environmental fronts, the size and cost of the federal environmental regulatory bureaucracy have come under sharp criticism. One alternative policy approach—long available, but...

Retail Net Metering: It’s Time to Get It Right for All Customers

ELR Article

Surely net metering has played an important role in the story about solar development in the United States. But, as a policy, net metering is the equivalent of looking in the rearview mirror. If we want a dynamic, responsive energy...

Distributed Generation and the Minnesota Value of Solar Tariff

ELR Article

Prof. Richard L. Revesz and Dr. Burcin Unel propose an “Avoided Cost Plus Social Benefit” valuation protocol for clean distributed energy. Their article establishes that distributed generation (DG) provides a suite of benefits to the...

The Future of Distributed Generation: Moving Past Net Metering

ELR Article

Utilities concerned about lost revenues have begun urging state legislatures and public service commissions to impose fixed charges for net metering customers and to decrease the rate of compensation those customers receive for the...

Pouring New Wine Into Old Wineskins? Promulgating Regulations in the Era of Social Media

ELR Article

In Visual Rulemaking, Prof. Elizabeth G. Porter and Prof. Kathryn A. Watts challenge agencies to break free of dense text and to explore a new universe of “visual rulemaking.” Citing colorful examples from the past few years,...

Visualizing Accountability and Transparency Measures

ELR Article

Porter and Watts’ article helpfully underscores the values that should be reflected in the regulatory process, including the worthy goals of making regulatory activities more transparent, increasing political accountability, and...

The Transformation Toward Visual Communication and Brevity, aka Lawyers Can Communicate Differently and Still Be Lawyers

ELR Article

The premise in Visual Rulemaking, by Professors Elizabeth Porter and Kathryn Watts—that graphics and visuals are gaining traction on the written word in the regulatory setting—seems to threaten the very nature of everything to...

The Potential of Visual Rulemaking to Strengthen and Democratize Rulemaking

ELR Article

Profs. Porter and Watts’ article, Visual Rulemaking, explores the potential of visual images to “strengthen and further democratize” the rulemaking process by promoting transparency, accountability, and increased public...

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