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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
After graduating summa cum laude from Dartmouth, Jason Johnston obtained both his J.D. and Ph.D. in economics from the University of Michigan, where he was an Alcoa Fellow in Law and Economics and was elected to Order of the Coif.
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After graduating summa cum laude from Dartmouth, Jason Johnston obtained both his J.D. and Ph.D. in economics from the University of Michigan, where he was an Alcoa Fellow in Law and Economics and was elected to Order of the Coif. He served as law clerk for U.S. Court of Appeals Judge Gilbert Merritt, was a civil liability fellow at Yale Law School, and in 1995 came to the Penn Law from Vanderbilt University Law School. Johnston is the founding Director of the Program on Law, the Environment, and Economics and in 2001 became the Robert G. Fuller Jr. Professor of Public Law. Johnston’s research includes both theoretical and empirical projects exploring various aspects of natural resource and environmental law and policy, as well as more general studies of legal rights and entitlements. He is currently in the midst of book-length projects on the law and economics of corporate environmentalism and the centralization of environmental and natural resource regulation, and is organizing a first-of-its kind interdisciplinary conference on the law, economics and science of liability for global warming. Johnston has published dozens of articles, both in various major American law journals such as the Yale Law Journal, Virginia Law Review and Columbia Law Review, as well as in peer-reviewed economics journals such as the Journal of Law, Economics and Organization, and the Journal of Legal Studies. He has served as a Regent for the Policy Academy of the Multistate Working Group on Environmental Management Systems, 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 was an Olin Visiting Fellow at the University of Southern California Law Center and Visiting Professor at the University of Virginia School of Law. During Fall 2007, Johnston will be in residence at the American Academy in Berlin as the Bosch Public Policy Fellow.
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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 (Fall 2007)
Vanderbilt - Professor, Associate Professor (1989-94)
Vermont Law School - Associate, Assistant Professor (1985-89)
Law Clerk -- The Honorable Gilbert S. Merritt, U.S. Court of Appeals, Sixth Circuit (1984-85)
Representative Publications
Fashioning Entitlements: A Comparative Law and Economic Analysis of the Judicial Role in Environmental Centralization in the U.S. and Europe, in RESPONSIBILITY AND GOVERNANCE (Giorgio Brosio et al. eds., Edward Elgar 2007) (with Michael G. Faure).
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).
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).
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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