SPEA - School of Public and Environmental Affairs

Education
J.S.D., Stanford Law School, 1996
J.S.M., Stanford Law School, 1991
J.D., Northwestern School of Law, 1986
A.M., University of Chicago, 1981
A.B., Occidental College, 1980

Professional Experience

• Professor, Indiana University Maurer School of Law, 2011 to present
• Professor, Indiana University School of Public and Environmental Affairs, 2011 to present
• Affiliated Faculty, Indiana University Workshop in Political Theory and Policy Analysis, 2007 to present
• Chair, Workshop Advisory Council, 2011 to present
• R. Bruce Townsend Professor, Indiana University School of Law at Indianapolis, 2003 to present
• M. Dale Palmer Professor, Indiana University School of Law at Indianapolis, 1999 - 2003
• Professor, Indiana University School of Law at Indianapolis, 1997 - 1999
• Associate Professor, Indiana University School of Law at Indianapolis, 1994 - 1997
• Assistant Professor, Indiana University School of Law at Indianapolis, 1991 - 1994

Awards, Honors & Certifications

• Distinguished Alumnus Award, Northwestern School of Law, Lewis & Clark College, 2002
• Paul E. Beam Research Fellowship, Indiana University School of Law at Indianapolis, 1997-1998
• Travel Grant, International Research and Exchanges Council (IREX), 1995
• Summer Research Fellowships, Indiana University Foundation, 1992-2007
• Paul E. Beam Research Fellowship, Indiana University School of Law at Indianapolis, 1993
• Professional Development Fellowship, Institute for International Education, 1991
• Andrew W. Mellon Pre-dissertation Fellowship, Stanford University Center for European Studies, 1990
• Bernard F. O’Rourke Writing Award, Northwestern School of Law, Lewis & Clark College, 1986

Professional Interests
Environmental and Natural Resources Law and Economics, Property, and Polish Law

Current Projects

• "The Right to Pollute in Economic Theory and Legal History" (article)
• Collected Major Works of Elinor Ostrom (4 volumes, co-edited with Michael McGinnis, forthcoming Routledge 2014).

• New Mexico State Bar Association (since 1987; on inactive status since 1990)
• American Bar Association (since 1991); Member, International Environmental Law Committee
• Public International Law & Policy Group, Washington, D.C. (founding member, since 1994)
• International Society for New Institutional Economics (since 1997)
• Indiana University Alliance of Distinguished Rank Professors (1999-2011)
• Midwest Law & Economics Association (founding member, since 2001)
• American Economic Association (since 2002)
• Society for Environmental Law & Economics (founding member, since 2008)
• Board of Advisors, Institute for Policy Integrity, New York University School of Law (since 2009)

Selected Publications
Full Vita

Books

• Property in Land and Other Resources, (co-edited with Elinor Ostrom) (Lincoln Institute, 2012)
• Principles of Law & Economics (co-authored with Peter Z. Grossman) (Prentice-Hall 2004) Second edition forthcoming (Kluwer/Aspen) 2011.
• Pollution and Property: Comparing Ownership Institutions for Environmental Protection (Cambridge University Press, 2002); Chinese translation (Cambridge University Press and Peking University Press, 2010)
• Instituting Environmental Protection: From Red to Green in Poland (Macmillan and St. Martin's 1998)
• Environmental Protection in Transition: Economic, Legal, and Socio-Political Perspectives on Poland (co-edited with John Clark) (Ashgate, 1998)
• Natural Resources Law (casebook, with Jan Laitos, Sandra Zellmer and Mary Wood) (West 2006)
• The End of a Natural Monopoly: Deregulation and Competition in the Electric Power Industry (co-edited with Peter Z. Grossman) (JAI Press 2003) (now published by Routledge)

• The Varieties of Comparative Institutional Analysis, 2013 WISC. L.REV. __ (forthcoming 2013).
• Law, Politics, and Cost-Benefit Analysis, 64 ALA. L. REV. 55 (2012).
• Introduction, in Property in Land and Other Resources 1-10 (D.H. Cole & E. Ostrom, eds, 2012) (with Elinor Ostrom)
• "The Variety of Property Systems and Rights in Natural Resources," in Property in Land and Other Resources 37-640 (D.H. Cole and E. Ostrom, eds, 2012) (with Elinor Ostrom)
• "Property Creation by Regulation: Rights to Clean Air and Rights to Pollute," in Property in Land and Other Resources 125-154 (D.H. Cole and E. Ostrom, eds, 2012)
• "Institutions Matter! Why the Herder Problem Is Not a Prisoners' Dilemma," 69 Theory & Decision 219-231(2010)(with Peter Z. Grossman)
• "Protecting Private Property with Constitutional Judicial Review: A Social Welfare Approach," 5 Review of Law and Economics 233-250(2009)(with Peter Z.Grossman)
• "Climate Change and Collective Action," 61 Current Legal Problems 229-264 (2009)
• "The Stern Review and Its Critics: Implications for the Theory and Practice of Benefit-Cost Analysis," 48 Natural Resources J. 53- 90 (2008) (peer reviewed)
• "'Best Practice' Standards for Regulatory Benefit-Cost Analysis," 23 Research in Law and Economics 1-47 (2007) Reprinted in Applied Benefit-Cost Analysis (Andrew Schmitz and Richard O. Zerbe, eds, 2008)
• "La complexité choix d'un régime de appropration en matière de protection environnementale," in Actes De La Conference Resources Fonciers 75 -88 (Max Falque, Henri Lamotte, and Jean-François Saglio, eds, 2007)
• "Climate Change, Adaptation, and Development," 26 UCLA Journal of Environmental Law and Policy 1-19 (2007 Evan Frankel Program Symposium Issue: Coping with Global Warming)
• "Kelo's Legacy," 37 Environmental Law Reporter 10540-10546 (June 2007)
• "Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis," 15 Supreme Court Economic Review 141-182 (2007) (peer reviewed)
• "Uncertainty, Insurance and the Learned Hand Formula," 5 Law, Probability and Risk 1-18 (2006)(with Peter Z. Grossman and Reed Cearley)
• "When is Command-and-Control Efficient? Institutions, Technology, and the Comparative Efficiency of Alternative Regulatory Regimes for Environmental Protection," 1999 Wisconsin Law Review 887-938 (1999) (with Peter Z. Grossman)