This Article proposes a hypothesis: By linking a reduction in reliance on fossil fuels to the value of promoting national security, what I have called the Military-Environmental Complex has the potential to change individual attitudes and beliefs, and therefore behavior and political debate, about energy use and climate change. Studies have shown that individuals with certain values or political...
Lessons From the Past for Assessing Energy Technologies for the Future
Addressing climate change will require the successful development and implementation of new energy technologies. Such technologies can, however, pose novel and uncertain hazards. Furthermore, the process of energy innovation is technically difficult and occurs in the face of powerful forces hostile to new technologies that disrupt existing energy systems. In short, energy innovation is difficult...
Complexity and Anticipatory Socio-Behavioral Assessment of Government Attempts to Induce Clean Technologies
Governments are increasingly resorting to technology mandates to force development and commercialization of socially-desirable technologies that the market, for various reasons, seems unable or unwilling to provide in a timely manner. This Article analyzes three recent examples of government-imposed technology mandates, including explicit or de facto government requirements for electric vehicles...
Feasibility of Flexible Technology Standards for Existing Coal-Fired Power Plants and Their Implications for New Technology Development
This Article explores the feasibility of adding flexibility to mandates for existing power plants in order to foster technology innovation and reduce compliance costs and emissions. Under new and proposed EPA rules a significant portion of the coal-fired electricity generating capacity will require multi-billion dollar investments to retrofit and comply with emissions standards on SO2, NOx, PM...
Socio-Political Evaluation of Energy Deployment (SPEED): A Framework Applied to Smart Grid
Despite a growing sense of urgency to improve energy systems so as to reduce fossil-fuel dependency, energy system change has been slow, uncertain, and geographically diverse. Interestingly, this regionally heterogeneous evolution of energy system change is not merely a consequence of technological limitations, but also and importantly a product of complex socio-political factors influencing the...
Energy and Climate Change: A Climate Prediction Market
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 emerging technologies. Government efforts to fund and communicate climate science have been extraordinary, but recent polling suggests that roughly half...
Regulating Domestic Carbon Outsourcing: The Case of China and Climate Change
The vast majority of the growth in greenhouse gas emissions in the coming decades is expected to come from outside of the developed world. Yet on the whole, scholars have made only modest headway in identifying the distinctive features of effective environmental regulation in the developing world. This Article argues that a particular feature of the emerging economies—sharp regional economic...
Smart Meters, Smarter Regulation: Balancing Privacy and Innovation in the Electric Grid
Transitioning from our current energy infrastructure to a smart grid will be essential to meeting future challenges. One key component of the smart grid is advanced metering infrastructure (AMI). AMI allows for the grid to be run more effectively and efficiently by making granular near real-time data about customers’ energy usage available. Coupled with the input and innovation of third-party...
Deprivative Recognition
Family law is now replete with proposals advocating for the legal recognition of nonmarital relationships: those between friends, relatives, unmarried intimate partners, and the like. The presumption underlying these proposals is that legal recognition is financially beneficial to partners. This assumption is sometimes wrong: Legal recognition of relationships can be harmful to unmarried...
Immigration Detention as Punishment
Courts and commentators have long assumed, without significant analysis, that immigration detention is a form of civil confinement merely because the immigration proceedings of which it is part are deemed civil. This Article challenges that deeply held assumption. It harnesses the U.S. Supreme Court’s instruction that detention’s civil or penal character turns on legislative intent and...
Toward a Theory of Equitable Federated Regionalism in Public Education
School quality and resources vary dramatically across school district boundary lines. Students who live mere miles apart have access to disparate educational opportunities based on which side of a school district boundary line their home is located. Owing in large part to metropolitan fragmentation, most school districts and the larger localities in which they are situated are segregated by race...
The Dark Side of the First Amendment
Each year, the UCLA School of Law hosts the Melville B. Nimmer Memorial Lecture. Since 1986, the lecture series has served as a forum for leading scholars in the fields of copyright and First Amendment law. In recent years, the lecture has been presented by many distinguished scholars. The UCLA Law Review has published these lectures and proudly continues that tradition by publishing an Article...
Misdiagnosing the Impact of Neuroimages in the Courtroom
Neuroimages and, more generally, neuroscience evidence are increasingly used in the courtroom in hope of mitigating punishment in criminal cases. Many legal commentators express concern because they fear that the prejudicial effect of such evidence significantly outweighs its probative value. In light of earlier empirical studies, this concern is predominantly directed toward the visual impact of...
Under the (Territorial) Sea: Reforming U.S. Mining Law for Earth’s Final Frontier
As mineral prices continue to rise and high-quality terrestrial supplies dwindle, hardrock mining will soon spread to the one place on this planet it currently does not occur: underwater. The United States has regulations permitting the issuance of offshore mineral leases, but these regulations rest on questionable authority from 1953 and are already obsolete even though they have never been used...