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Tel: 215.898.6911
Fax: 215.573.2025
Email: jjohnsto@law.upenn.edu
Expertise
- Contracts
- Environmental Law
- Law and Economics
- Natural Resources Law and Policy
Bio
Jason Scott Johnston has published dozens of articles in American law journals, such as the Yale Law Journal,and in peer-reviewed economics journals, such as the Journal of Law, Economics and Organization.
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Jason Scott Johnston has published dozens of articles in American law journals, such as the Yale Law Journal,and in peer-reviewed economics journals, such as the Journal of Law, Economics and Organization. He is currently working on books about the law and economics, corporate environmentalism, global warming policy, and the comparative law and economics of environmental federalism. He has served on the Board of Directors of the American Law and Economics Association and on the National Science Foundation’s Law and Social Science grant review panel. He won Penn Law’s Robert A. Gorman Award for Teaching Excellence in 2003.
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Representative Professional Positions
Penn Law - Director, Program on Law and the Environment (1998- ); Robert G. Fuller Jr. Professor (2001- ); Professor (1995- ); Visiting 1993
Bosch Fellow in Public Policy, American Academy in Berlin (2007)
Yale – Senior Fellow in Civil Liability (1988-89)
Visiting Professor – University of Virginia; Olin Visiting Fellow, University of Southern California
Vanderbilt - Professor, Associate Professor (1989-94)
Law Clerk to the Hon. Gilbert S. Merritt, U.S. Court of Appeals, Sixth Circuit (1984-85)
Representative Publications
Climate Change Confusion and the Supreme Court: The Misguided Regulation of Greenhouse Gas Emissions under the Clean Air Act, 84 NOTRE DAME L. REV 1-75 (2008).
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Desperately Seeking Numbers: Global Warming, Species Loss, and the Use and Abuse of Quantification in Climate Change Policy Analysis, 155 U. PA. L. REV. 101 (2007).
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Tradable Pollution Permits and the Regulatory Game, in MOVING TO MARKETS IN ENVIRONMENTAL REGULATION: LESSONS FROM TWENTY YEARS OF EXPERIENCE 353 (Charles Kolstad and Jody Freeman eds., Oxford Univ. Press 2006).
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The Return of Bargain: An Economic Theory of How Standard Form Contracts Enable Cooperative Negotiation between Businesses and Consumers, 104 MICH. L. REV. 857 (2006).
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The Promise, and Limits of Voluntary Approaches to Regulatory Reform: An Economic and Legal Analysis of EPA’s Metal Finishing Industry Strategic Goals Program, in LEVERAGING THE PRIVATE SECTOR 167 (Cary Coglianese and Jennifer Nash eds., 2006).
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Investment, Information, and Promissory Liability, 152 U. PA. L. REV. 1923 (2004).
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The Tragedy of Centralization: The Political Economics of American Natural Resource Federalism, 74 U. COLO. L. REV. 487 (2003).
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Paradoxes of the Safe Society: A Rational Actor Approach to the Reconceptualization of Risk and the Reformation of Risk Regulation, 151 U. PA. L. REV. 747 (2003).
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A Game-Theoretic Analysis of Alternative Institutions for Regulatory Cost-Benefit Analysis, 150 U. PA. L. REV. 1343 (2002).
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Does Repeat Play Elicit Cooperation? Evidence from Federal Civil Litigation, 31(1) J. LEGAL ST. 39 (2002) (with Joel Waldfogel).
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Law, Judicial Review and Formal Models of the Regulation Game: A Comment on de Figueiredo and de Figueiredo, 4 BUSINESS AND POLITICS 183 (August 2002).
On the Market for Ecosystem Control, 21 VA. ENVTL. L.J. 1791 (2001-2002).
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Should the Law Ignore Commercial Norms? A Comment on the Bernstein Conjecture and its Relevance for Contract Law Theory and Reform, 99 MICH. L. REV. 1791 (2001).
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The Law and Economics of Environmental Contracts, in Kurt Deketelaere and Eric Orts, eds., ENVIRONMENTAL CONTRACTS: COMPARATIVE APPROACHES TO REGULATORY INNOVATION IN THE UNITED STATES AND EUROPE 271 (2000).
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On the Commons and the Common Law, in Roger Meiners and Andrew Moriss, eds., THE COMMON LAW AND THE ENVIRONMENT 211 (2000).
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Communication and Courtship: Cheap Talk Economics and the Law of Contract Formation, 85 VA. L. REV. 385 (1999).
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Bargaining Under Rules versus Standards, 11 J.L. ECON. & ORG. 256 (1995).
For additional publications, please consult
Current & Recent Research
Current Working Papers
Signaling Social Responsibility: On the Law and Economics of Market Incentives for Corporate Environmental Performance, (U of Penn, Inst for Law & Econ Research Paper 05-16, May 2005).
Representative Professional Activities
Member, Board of Directors, American Law and Economics Association (1996-99)
Director, Program on Law and Environment (1999 -)
Associate Editor, Law and Society Review (2000 -)
Member, Advisory Panel, National Science Foundation Law and Social Science Program (1994-96)
Member, Council of State Governments, Environmental Management System Policy Academy Design Team (2000-01)
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