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Books
D.C. Confidential: Inside the Five Tricks of Washington, with forewords by Governor Howard Dean and Senator Mike Lee (Encounter Books, 2017)
Breaking the Logjam: Environmental Protection That Will Work, co-authored with R.B. Stewart and K.M. Wyman (Yale University Press, 2010)
Remedies: Public and Private, Fourth Edition, co-authored with A. Macbeth, D. Levine, D. Jung (West Publishing Co., 2006)
Saving Our Environment from Washington: How Congress Grabs Power, Shirks Responsibility, and Shortchanges the People (Yale University Press, 2005)
Democracy by Decree: What Happens When Courts Run Government, co-authored with R. Sandler (Yale University Press, 2003)
Remedies: Public and Private, Third Edition, co-authored with A. Macbeth, D. Levine, D. Jung (West Publishing Co., 2002)
Remedies: Public and Private, Second Edition, co-authored with A. Macbeth, D. Levine, D. Jung (West Publishing Co., 1996)
Power Without Responsibility: How Congress Abuses the People Through Delegation (Yale University Press, 1993)
Remedies: Public and Private, First Edition, co-authored with A. Macbeth, D. Levine, D. Jung (West Publishing Co., 1990)
Book Chapters
鈥淧rotecting the Environment in the Spirit of the Common Law,鈥 in The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law (Rowman & Littlefield, 1999)
鈥淲hy States, Not EPA, Should Set Pollution Standards,鈥 in Environmental Federalism (Rowman & Littlefield, 1997)
鈥淲hy Regulation of Lead has Failed,鈥 in Low Level Lead Exposure: The Clinical Implications of Current Research (Raven Press, 1980)
Articles
鈥淐onsent of the Governed: A Constitutional Norm That the Court Should Substantially Enforce,鈥 43 Harvard Journal of Law and Public Policy 213 (2020)
鈥淢ake Democracy Real Again,鈥 The Hill (2019)
鈥淔rom Chevron to 鈥楥onsent of the Governed,鈥 Regulation (2018鈥19)
鈥淟et鈥檚 Make Congress More Accountable,鈥 City Journal (2018)
鈥淐uts in Social Security and Medicare are inevitable. Delaying reform will make it worse,鈥 co-authored with B. Riedl, USA Today (2018)
鈥淲hich Came First, the President or the Lie?鈥 Inside Sources (2018)
鈥淟egBranch Conversations: An Interview With David Schoenbrod,鈥 Legbranch.com (2018)
鈥淭rump Will Perpetuate Bailouts by Signing Bank Reform Bill,鈥 The Hill (2018)
鈥淗olding Congress Accountable: A New Deal-era Proposal Would Produce More Effective, Less Burdensome Regulation,鈥 co-authored with R. Sandler, The Regulatory Review (2018)
鈥淲anted: Lawmakers Who Shoulder Responsibility,鈥 The Hill (2018)
鈥淎n Antidote for Our Poisoned Politics,鈥 The Hill (2018)
鈥淗ow to Salvage Article I: The Crumbling Foundation of Our Republic,鈥 40 Harvard Journal of Law and Public Policy 663 (2017)
鈥淗ow to Put the Representation Back Into Taxation,鈥 The Hill (2017)
鈥淟ike Russia, Congress Pits Americans Against Each Other,鈥 The Hill (2017)
鈥淧opulism Is Powerful Because Washington Deserves a Kick in the Pants,鈥 co-authored with H. Dean, USA Today (2017)
鈥淐ongress Created a Regulatory Scheme That Keeps Its Hands Clean 鈥 Time for accountability,鈥 The Hill (2017)
鈥淥nly Congress Can Undo Its Regulatory Mess,鈥 Wall Street Journal (2017)
鈥淭rump鈥檚 Cynical Infrastructure Plan,鈥 New York Daily News (2017)
鈥淭he Root of the Healthcare Mess,鈥 Investor鈥檚 Business Daily Politics (2017)
鈥淲ashington鈥檚 War Against the People,鈥 The Daily Caller (2017)
鈥淭he Mass Murder of America鈥檚 Trees Must Stop,鈥 New York Observer (2016)
鈥淎merican Voters Deserve Credit for Civil-Rights Victories, Too鈥 National Journal Online 鈥 The Next America (2014)
鈥淎 Small Step (Cough) for Clean Air,鈥 The Hill (2014)
鈥淭he Overwhelming Case for Clean Air Act Reform,鈥 co-authored with B. Pedersen, 43 Environmental Law Reporter News and Analysis 10969鈥10972 (2013)
鈥淲e Need Truth in Spending鈥 Huffington Post (2013)
鈥淩esponsibility for War a la Carte,鈥 Huffington Post (2013)
鈥淪tatutory Arteriosclerosis,鈥 co-authored with M. Witte, 28 Environmental Forum 24 (2011)
鈥淩escuing the Clean Air Act from Old Age,鈥 co-authored with M. Witte, The American (2011)
鈥淏udget Policy Talk in the Dark,鈥 co-authored with J. Gokhale, Politico (2011)
鈥淩EINS Would Improve Environmental Protections,鈥 Inside EPA (2011)
鈥淭he EPA鈥檚 Faustian Bargain,鈥 29(3) Regulation 36-42 (2006)
鈥淭oxic Regulation,鈥 16 City Journal 74鈥81 (2006)
鈥淎ppellate Div. Sends Message to Court of Appeals in CFE Case,鈥 co-authored with R. Sandler, 12 CityLaw 49鈥52 (2006)
鈥淭he Lawsuit that Sank New Orleans,鈥 The Wall Street Journal, pg. A18 (2005)
Book Review of Passing the Buck: Congress, the Budget, and Deficits by Jasmine Farrier,鈥 120 Political Science Quarterly (2005)
鈥淐FE Ruling Does Not Bind Legislature, Policy Briefing No. 2, Empire Center for New York State Policy,鈥 Manhattan Institute for Policy Research (2005)
鈥淒eGrasse鈥檚 New Clothes,鈥 co-authored with R. Sandler, New York Post, pg. 28 (2005)
鈥淭he Supreme Court, Democracy and Institutional Reform Litigation,鈥 co-authored with R. Sandler, 49 爱酱在线播放 Law Review 915-942 (2004鈥05)
鈥淲hat Happened to the Skeptical Environmentalist,鈥 co-authored with C. Wilson, 46 New York Law School Law Review 211鈥244 (2002鈥03)
鈥淧olitics and the Principle that Elected Legislators Should Make the Laws,鈥 26 Harvard Journal of Law and Public Policy 239鈥280 (2003)
鈥淕overnance by Lawyers,鈥 co-authored with R. Sandler, National Law Journal, pg. A12 (2003)
鈥淣.Y. Unbound,鈥 co-authored with R. Sandler, New York Post (2003)
鈥淣ew York in Handcuffs,鈥 co-authored with R. Sandler, New York Post, (2003)
鈥淪chools in Handcuffs: How Courts (Mis)rule N.Y.C.,鈥 co-authored with R. Sandler, New York Post (2003)
鈥淪ome Thoughts on Reparations,鈥 7 The BLSA News Journal 4 (2003)
Essay in Eight Blocks Away: Memoirs of September 11, 2001 at 78鈥79 (爱酱在线播放, 2002)
鈥淔ishing for Cancer,鈥 114(4) Commentary 44鈥48 (2002)
鈥淭he Maumauing of Bjorn Lomborg,鈥 Commentary 51 (2002)
鈥淪moke Signals: The Supreme Court Struck the Proper Balance by Upholding Congress鈥 Right to Legislate While Reaffirming Its Duty Not to Delegate,鈥 co-authored with M. Hamilton, Legal Times, pg. 70 (2001)
鈥淰ictory in Disguise: Industry Wins One in the Form of Supreme Court Ruling for Non-Delegation Rule,鈥 co-authored with M. Hamilton, Fulton County Daily Report, pg. 9 (2001)
鈥淎fter the Court鈥檚 Ruling 鈥 What鈥檚 Next for Schools,鈥 co-authored with R. Sandler, 7 CityLaw 1, 2鈥4 (2001)
鈥246 Glorious Cheeses or the Impact of Environmental Regulation on Small and Emerging Business,鈥 5 Journal of Small & Emerging Business Law 91鈥111 (2001)
鈥淭he Reaffirmation of Proportionality Analysis Under Section 5 of the Fourteenth Amendment,鈥 co-authored with M. Hamilton, 21 Cardozo Law Review 469鈥492 (1999)
鈥淒elegation and Democracy: A Reply to My Critics,鈥 20 Cardozo Law Review 731鈥766 (1999)
鈥淩emarks to the Board of Trustees of the Natural Resources Defense Council,鈥 20 Cardozo Law Review 767鈥773 (1999)
鈥淧utting the 鈥楲aw鈥 Back into Environmental Law,鈥 22(1) Regulation 17鈥23 (1999)
鈥淐lean Air, Congress and the Constitution: Why Delegation Ruling Was Correct,鈥 On Point, No. 38, (1999)
鈥淓nvironmental Controls Should Be Turned Over to the States,鈥 USA Today Magazine, pg. 74 (1999)
鈥淚nnovative Agreement Ends Marisol Litigation,鈥 co-authored with R. Sandler, 5 CityLaw 1, 3鈥5 (1999)
鈥淏y What Right Do Judges Run Prisons?鈥 co-authored with R. Sandler, Wall Street Journal, pg. A19 (1998)
鈥淭he Yellow Brick Beltway,鈥 Wall Street Journal, pg. A10 (1998)
鈥淐ongress Passes the Buck鈥揧our Tax Buck,鈥 co-authored with M.A. Hamilton, Wall Street Journal, pg. A10 (1998)
鈥淚n New York City, The Jails Still Belong to the Judges,鈥 co-authored with R. Sandler, Wall Street Journal, pg. A23 (1997)
鈥淭he Constitution and the Line-Item Veto,鈥 co-authored with M.A. Hamilton, Wall Street Journal, pg. A15 (1997)
鈥淭he State Regulators Have Had Enough of the EPA,鈥 Wall Street Journal, pg. A22 (1997)
鈥淭he Delegation of Legislative Powers,鈥 Cato Handbook for Congress: 105th Congress (1997)
鈥淗ow To Put Lawmakers, Not Courts, Back in Charge,鈥 co-authored with R. Sandler, 6 City Journal 61鈥67 (1996)
鈥淲hy States, Not EPA, Should Set Pollution Standards,鈥 19(4) Regulation 18鈥25 (1996)
鈥淧utting the Classroom into Practice and Practice into the Classroom,鈥 14 In Brief 12 (1996)
鈥淪oundings: 鈥楶rison Break,鈥欌 co-authored with R. Sandler, 6 City Journal 13 (1996)
鈥淚t鈥檚 Time Congress Took Back Its Power to Make Laws,鈥 Wall Street Journal, pg. A21 (1995)
鈥淪laving Away, Pro Bono: Why Should Law Students Do the Bar鈥檚 Labor?鈥 co-authored with A. Seward, Legal Times, pg. 24 (1995)
鈥淥n Environmental Law, Congress Keeps Passing the Buck,鈥 Wall Street Journal, pg. A13 (1995)
鈥淓nvironmental 鈥業njustice鈥 is About Politics, Not Racism,鈥 Wall Street Journal, pg. A21 (1994)
鈥淥verbroad Civil Forfeiture Statutes Are Unconstitutionally Vague,鈥 co-authored with D. Duseau, 39 爱酱在线播放 Law Review 285鈥310 (1994)
鈥淐linton and the Politics of Pork,鈥 Legal Times, pg. 24 (1994)
鈥淕overnment by Decree,鈥 co-authored with R. Sandler, 4 City Journal 54鈥62 (1994)
鈥淧residential Lawmaking Powers: Vetoes, Line Item Vetoes, Signing Statements, Executive Orders and Delegations of Rulemaking,鈥 68 Washington University Law Quarterly 533鈥560 (1990)
鈥淓nvironmental Law and Growing Up,鈥 6 Yale Journal on Regulation 357鈥368 (1989)
鈥淗ow the Reagan Administration Trivialized Separation of Powers (and Shot Itself in the Foot),鈥 57 George Washington Law Review 459鈥473 (1989)
鈥淭he Measure of an Injunction: A Principle to Replace Balancing the Equities and Tailoring the Remedy,鈥 72 Minnesota Law Review 627鈥695 (1988)
鈥淪eparation of Powers and the Powers That Be: The Constitutional Purposes of the Delegation Doctrine,鈥 36 American University Law Review 355鈥389 (1987)
鈥淭he Delegation Doctrine: Could the Court Give it Substance?鈥 83 Michigan Law Review 1223鈥1290 (1985)
鈥淪ubway Scofflaws: A Proposal to Improve Enforcement,鈥 co-authored with S. Reiss and R. Sandler, 8(3) New York Affairs 61 (1984)
鈥淭ake Subway Scofflaws Out of the Criminal Courts,鈥 co-authored with S. Reiss and R. Sandler, Empire State Report, pg. 45 (1984)
鈥淐ongress Must Spell Out Where the Burden of Clean Air Falls,鈥 Wall Street Journal, pg. 22 (1983)
鈥淟imits and Dangers of Environmental Mediation: A Review Essay,鈥 58 New York University Law Review 1453鈥1476 (1983)
鈥淕oals Statutes or Rules Statutes: The Case of the Clean Air Act,鈥 30 UCLA Law Review 740鈥828 (1983)
鈥淢aking Decisions About Transit,鈥 7(3) New York Affairs 5 (1982)
鈥淪ubways: Cash and Carey,鈥 co-authored with R. Sandler, New York Times, pg. 15 (1979) (with R. Sandler).
鈥淭unnel Vision Too,鈥 co-authored with R. Sandler, New York Times, pg. 18 (1978)
鈥淧rison Reform: The Monitor鈥檚 First Report in the Nunez Case,鈥 co-authored with R. Sandler 22 CityLaw 73 (1976)
鈥淣ew York as a Cough-In,鈥 co-authored with R. Sandler, New York Times, pg. 33 (1975)
鈥淓lectricity or the Environment: A Study of Public Regulation without Public Control,鈥 co-authored with C.P. Case, 61 California Law Review 961鈥1010 (1973)
鈥淪tatement of David Schoenbrod, Joined by F.A.O. Schwartz, Jr. and Jean Silver, with Concurrence of Fritz Alexander, II,鈥 Decentralizing City Government, Walter Farr et al., (Praeger 1972)
鈥淟arge Lot Zoning,鈥 78 Yale Law Journal 1418鈥1441 (1969)
鈥淛urisdictional Fetter on the FTC,鈥 76 Yale Law Journal 1688鈥1700 (1967)
鈥淯.S. Steel Imports,鈥 56 American Economic Review 156 (1966)
Editing
鈥淭he Hudson River Power Plant Settlement: Materials Prepared for a Conference Sponsored by New York University School of Law and the Natural Resources Defense Council,鈥 co-edited with R. Sandler, New York University School of Law, (1981)
Other Writing
鈥淎n Elegant but Incomplete Analysis of Delegation,鈥 Book Review of Delegating Powers: A Transaction Cost Politics Approach to Policy Making Under Separate Powers by David Epstein and Sharyn O鈥橦alloran, 22(4) Regulation 64-67 (1999)
鈥淭ime for the Federal Environmental Aristocracy to Give Up Power (Policy Study Number 144)鈥 Center for the Study of American Business (1998)
鈥淏rief Amicus Curiae for Appellees, Clinton v. City of New York,鈥 co-authored with M.A. Hamilton, United States, No. 97鈥1374 (1998)
鈥淭he Common Law Approach to Pollution Prevent,鈥 A Roundtable Discussion, Center for Private Conservation (1998)
鈥淭ime for the Federal Environmental Aristocracy to Give Up Power,鈥 Center for the Study of American Business, Washington University, Policy Study No. 144, (1998)
鈥淏rief Amicus Curiae for Appellees, Raines v. Byrd,鈥 co-authored with M.A. Hamilton, United States (No. 96鈥1671) (1997)
鈥淪ubway Scofflaws: A Proposal to Improve Enforcement Against Farebeating and Other Minor Offenses,鈥 co-authored with R. Sandler, Natural Resources Defense Council (1983)
A New Direction in Transit, co-authored with R. Chudd and R. Sandler, New York City Department of Planning (1978)
鈥淩ecommendations Toward a Sound Lead Criteria Document,鈥 co-authored with T. Henderson and L. Slesin, Natural Resources Defense Council (1977)
鈥淩educing Crime in the New York City Subway System: Nine Recommendations,鈥澨 co-authored with R. Sandler, E.A. Goldstein, S. Jurow, and F. Harris, Natural Resources Defense Council (1977)
鈥淓lectricity and the Environment: A Report of the Special Committee on Electric Power and the Environment,鈥 Co-Author, Association of the Bar of the City of New York (West Publishing, 1972)