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Showing 277 results

Daniel Farber

Sho Sato Professor of Law

Daniel Farber | April 2, 2020

Federalism and the Pandemic

The states have been out in front in dealing with the coronavirus. Apart from President Trump's tardy response to the crisis, there are reasons for this, involving limits on Trump's authority, practicalities, and constitutional rulings.

Daniel Farber | March 30, 2020

Inequality and the Coronavirus

It's a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster. There are aspects of the coronavirus pandemic that fit this mold. Here are some of the disparities we can expect to see.

Daniel Farber | March 26, 2020

The Flight from Evidence-Based Regulation

The Trump administration's major deregulatory efforts share a common theme. They assiduously avoid having to rely on scientific or economic evidence. Confronting that evidence is time-consuming and difficult, particularly when it often comes out the other way. Instead, the administration has come up with clever strategies to shut out the evidence.

Daniel Farber | March 18, 2020

Presidential Power in a Pandemic

Now that President Trump has belatedly declared a national emergency, what powers does he have to respond to the coronavirus pandemic? There has been a lot of talk about this on the Internet, some of it off-base. It's important to get the law straight. For instance, there's been talk about whether Trump should impose a national curfew, but I haven't been able to find any legal authority for doing that so far. The legal discussion of this issue is still at an early stage, but here are some of the major sources of power and how they might play out.

Daniel Farber | February 18, 2020

Lessons of the Little Ice Age

The Little Ice Age wasn't actually an ice age, but it was a period of markedly colder temperatures that began in the 1200s and lasted into the mid-1800s, with the 1600s a particular low point. It was a time when London winter fairs were regularly held on the middle of a frozen Thames river, glaciers grew, and sea ice expanded. That episode of climate disruption may give us some insights into how current global warming may impact society.

Daniel Farber | January 13, 2020

Misunderstanding the Law of Causation

Last week's NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations.

Daniel Farber | January 10, 2020

Pride Goeth Before a Fall

The White House just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. Its proposal is marked by hubris about the government's ability to control how the courts apply the law.

Daniel Farber | January 6, 2020

A Continent on Fire Ignores Climate Change

Australia is remarkably exposed to climate change and remarkably unwilling to do much about it. Conditions keep getting worse. Yet climate policy in Australia has been treading water or backpedaling for years.

Daniel Farber | December 23, 2019

The Decade in Review: Like many humans, the Twenty-First Century’s teenage years were stormy

Like many humans, the Twenty-First Century’s teenage years were stormy.