Jason Scott Johnston

University of Virginia School of Law

580 Massie Road

Charlottesville, VA 22903

United States

PERC - Property and Environment Research Center

2048 Analysis Drive

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Bozeman, MT 59718

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  • University of Virginia School of Law

SCHOLARLY PAPERS

30

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9,709

SSRN CITATIONS
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Top 34,577

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9

CROSSREF CITATIONS

18

Scholarly Papers (30)

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1.

Global Warming Advocacy Science: A Cross Examination

U of Penn, Inst for Law & Econ Research Paper No. 10-08
Number of pages: 82 Posted: 22 May 2010
Jason Scott Johnston
University of Virginia School of Law
Downloads 2,923 (7,748)
Citation 1

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Climate change, greenhouse effect, ghg emission reductions, catastrophic risk, comparative scientific analysis, open scientific questions, size and direction of feedback effects, inherent non-linear temperature changes, methodological validity of climate models, gradual and reversible policy choices

2.

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
Number of pages: 127 Posted: 17 May 2005
Jason Scott Johnston
University of Virginia School of Law
Downloads 1,517 (21,710)
Citation 11

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Environmental Regulation; Market Incentives; Environmental Performance; Corporate Social Responsbility; Transactions; Environmental Disclosure; Environmental Liability; Cheap Talk Games;

3.

Reforming State Consumer Protection Liability: An Economic Approach

Columbia Business Law Review, Vol. 2010, Northwestern Law & Econ Research Paper No. 08-02, U of Penn, Inst for Law & Econ Research Paper No. 08-29, U of Penn Law School, Public Law Research Paper No. 08-47
Number of pages: 84 Posted: 27 Apr 2008 Last Revised: 22 Nov 2009
Henry N. Butler and Jason Scott Johnston
George Mason University - Antonin Scalia Law School and University of Virginia School of Law
Downloads 705 (64,057)
Citation 2

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consumer protection, advertising, class actions, punitive damages, overdeterence, attorneys fees, fraud, misrepresentation, no harm, reliance, information

4.

Climate Change Confusion and the Supreme Court: The Misguided Regulation of Greenhouse Gas Emissions under the Clean Air Act

Notre Dame Law Review, Vol. 84, p. 1, 2008, U of Penn, Inst for Law & Econ Research Paper No. 08-04
Number of pages: 74 Posted: 28 Feb 2008 Last Revised: 14 Oct 2013
Jason Scott Johnston
University of Virginia School of Law
Downloads 567 (84,274)

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climate change impacts, positive political theory, clean air act, law and economics

5.

The Law and Economics of Environmental Federalism: Europe and the United States Compared

U of Penn, Inst for Law & Econ Research Paper No. 08-07
Number of pages: 62 Posted: 28 Feb 2008 Last Revised: 03 May 2018
Michael G. Faure and Jason Scott Johnston
University of Maastricht - Faculty of Law, Metro and University of Virginia School of Law
Downloads 467 (106,866)
Citation 5

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law and economics, environmental federalism, regulatory centralization, comparative law and economics

6.

The Law and Economics of Environmental Contracts

Number of pages: 53 Posted: 09 May 2000
Jason Scott Johnston
University of Virginia School of Law
Downloads 453 (110,798)

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7.

The Return of Bargain: An Economic Theory of How Standard Form Contracts Enable Cooperative Negotiation between Businesses and Consumers

Michigan Law Review, Vol. 104, p. 857, 2006, U of Penn, Inst for Law & Econ Research Paper No. 06-08
Number of pages: 42 Posted: 07 Feb 2006 Last Revised: 26 Jun 2009
Jason Scott Johnston
University of Virginia School of Law
Downloads 408 (125,189)
Citation 8

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standard form contracts, consumer screening, reputation, opportunism, renegotiation, consumer contracts, consumer complaints, return policies

8.

Tradable Pollution Permits and the Regulatory Game

U of Penn Law School, Public Law Working Paper No. 06-04, U of Penn, Inst for Law & Econ Research Paper No. 06-07
Number of pages: 44 Posted: 07 Feb 2006
Jason Scott Johnston
University of Virginia School of Law
Downloads 334 (156,160)

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environmental regulation, market based instruments, game theory, tradable pollution permits, emission markets

9.

The Consumer Financial Protection Bureau's Arbitration Study: A Summary and Critique

Mercatus Working Paper, George Mason Legal Studies Research Paper No. LS 15-07, George Mason Law & Economics Research Paper No. 15-25, Virginia Law and Economics Research Paper No. 24, Virginia Public Law and Legal Theory Research Paper No. 51
Number of pages: 59 Posted: 26 Aug 2015 Last Revised: 19 Sep 2015
Jason Scott Johnston and Todd J. Zywicki
University of Virginia School of Law and George Mason University - Antonin Scalia Law School
Downloads 262 (200,926)
Citation 2

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consumer financial regulation, arbitration, class action litigation, attorneys’ fees

10.

Experimental Results on Bargaining Under Alternative Property Rights Regimes

Downloads 238 (220,824)
Citation 1

Experimental Results on Bargaining Under Alternative Property Rights Regimes

University of Pennsylvania, Institute for Law and Economics Working Paper No. 263
Number of pages: 18 Posted: 13 Aug 1999
Rachel T. A. Croson and Jason Scott Johnston
Michigan State University and University of Virginia School of Law
Downloads 238 (220,000)
Citation 1

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Experimental Results on Bargaining Under Alternative Property Rights Regimes

Posted: 04 May 2000
Rachel T. A. Croson and Jason Scott Johnston
Michigan State University and University of Virginia School of Law

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11.

The False Federalism of EPA's Clean Power Plan

Virginia Law and Economics Research Paper No. 16, Virginia Public Law and Legal Theory Research Paper No. 29
Number of pages: 46 Posted: 10 May 2015
Jason Scott Johnston
University of Virginia School of Law
Downloads 215 (243,288)

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12.

High Cost, Little Compensation, No Harm to Deter: New Evidence on Class Actions Under Federal Consumer Protection Statutes

Virginia Law and Economics Research Paper No. 2016-12, Virginia Public Law and Legal Theory Research Paper No. 2016-33
Number of pages: 51 Posted: 09 May 2016 Last Revised: 07 Sep 2016
Jason Scott Johnston
University of Virginia School of Law
Downloads 208 (250,809)

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13.

The Promise and Limits of Voluntary Management-Based Regulatory Reform: An Analysis of Epa's Strategic Goals Program

U of Penn, Inst for Law & Econ Research Paper No. 05-17, U of Penn Law School, Public Law Working Paper No. 06-05
Number of pages: 56 Posted: 28 Apr 2005
Jason Scott Johnston
University of Virginia School of Law
Downloads 207 (251,883)
Citation 4

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Environmental Regulation, Economic Incentives, Voluntary Programs, Pollution Prevention

14.

Problems of Equity and Efficiency in the Design of International Greenhouse Gas Cap-and-Trade Schemes

Harvard Environmental Law Review, Vol. 33, pp. 405, 2009, U of Penn, Inst for Law & Econ Research Paper No. 09-28
Number of pages: 27 Posted: 31 Aug 2009
Jason Scott Johnston
University of Virginia School of Law
Downloads 199 (261,165)

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International environmental law, climate change, pollution policy, greenhouse gases (GHG), emission permits and trading, binding caps, assumptions, tradeoff between efficiency and equity, income redistribution

15.

Fashioning Entitlements: A Comparative Law and Economic Analysis of the Judicial Role in Environmental Centralization in the U.S. and Europe

U of Penn, Inst for Law & Econ Research Paper No. 08-06
Number of pages: 107 Posted: 28 Feb 2008 Last Revised: 05 Nov 2009
Jason Scott Johnston and Michael G. Faure
University of Virginia School of Law and University of Maastricht - Faculty of Law, Metro
Downloads 198 (262,301)

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environmental law and economics, courts, comparative law and economics, environmental federalism

16.

The Rule of Capture and the Economic Dynamics of Natural Resource Use and Survival Under Open Access Management Regimes

Environmental Law, Vol. 35, pp. 855-898, 2005, U of Penn, Inst for Law & Econ Research Paper No. 06-09
Number of pages: 45 Posted: 07 Feb 2006
Jason Scott Johnston
University of Virginia School of Law
Downloads 170 (300,027)

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rule of capture, open access, pollution, natural resource harvest, fisheries policies, open space, bioeconomic dynamics

17.

Beyond the Social Cost of Carbon: The Real Economic Lessons About the Determinants of Harm from Changing Climate and Their Implications for Climate Policy

Virginia Public Law and Legal Theory Research Paper, No. 61, Virginia Law and Economics Research Paper, No. 25
Number of pages: 49 Posted: 16 Oct 2015 Last Revised: 17 Oct 2015
Jason Scott Johnston
University of Virginia School of Law
Downloads 143 (346,402)

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18.

A Looming Policy Disaster

Regulation, Vol. 31, No. 3, Fall 2008, U of Penn, Inst for Law & Econ Research Paper No. 08-30, U of Penn Law School, Public Law Research Paper No. 08-48
Number of pages: 8 Posted: 29 Oct 2008 Last Revised: 23 Apr 2013
Jason Scott Johnston
University of Virginia School of Law
Downloads 134 (364,306)

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global warming, environment, regulation, climate change, climate, geenhouse gas, emissions, Lieberman-Warner Climate Security Act, temperature, carbon dioxide, Clean Air Act, air pollutants

19.

Do Product Bans Help Consumers? Questioning the Economic Foundations of Dodd-Frank Mortgage Regulation

Virginia Law and Economics Research Paper No. 10, Virginia Public Law and Legal Theory Research Paper No. 22
Number of pages: 59 Posted: 12 Apr 2015
Jason Scott Johnston
University of Virginia School of Law
Downloads 125 (384,095)
Citation 1

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Dodd Frank mortgage regulation, consumer regulation, law and economics of product bans, consumer finance and the law, rational choice versus behavioral explanations of consumer behavior

20.

Environmental Permits: Public Property Rights and the Extraction and Redistribution of Private Value

Notre Dame Law Review, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2021-19, Virginia Law and Economics Research Paper No. 2021-10
Number of pages: 18 Posted: 06 Apr 2021
Jason Scott Johnston
University of Virginia School of Law
Downloads 82 (511,453)

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environmental permits, regulation, regulatory cost, expropriation of private property

21.

A Positive Political Economic Theory of Environmental Federalization

Case Western Reserve Law Review, Vol. 64, No. 4, 2014, Virginia Public Law and Legal Theory Research Paper No. 21, Virginia Law and Economics Research Paper No. 9
Number of pages: 71 Posted: 12 Apr 2015
Jason Scott Johnston
University of Virginia School of Law
Downloads 60 (605,676)

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political economy, environmental federalism, environmental federalization, regulatory centralization, Clean Air Act, Clean Water Act, U.S. climate legislation

22.

Renewable Power and the Reliability and Cost of Electricity

Virginia Public Law and Legal Theory Research Paper No. 2022-32, Virginia Law and Economics Research Paper No. 2022-05
Number of pages: 38 Posted: 06 May 2022
Jason Scott Johnston
University of Virginia School of Law
Downloads 49 (670,748)

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renewable energy, electricity regulation, electric grid economics, climate

23.

The Precautionary Social Cost of Carbon

Virginia Public Law and Legal Theory Research Paper No. 2022-13, Virginia Law and Economics Research Paper No. 2022-01
Number of pages: 36 Posted: 16 Feb 2022
Jason Scott Johnston
University of Virginia School of Law
Downloads 45 (689,117)

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risk regulation, rationality, cost-benefit analysis

25.

The Tragedy of Centralization: The Political Economics of American Natural Resource Federalism

Posted: 28 May 2003
Jason Scott Johnston
University of Virginia School of Law

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Natural resource regulation, Federalism, Endangered Species Act, Political Economy

26.

A Game Theoretic Analysis of Alternative Institutions for Regulatory Cost-Benefit Analysis

Posted: 19 Jun 2002
Jason Scott Johnston
University of Virginia School of Law

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27.

Does Repeat Play Elicit Cooperation? Evidence from Federal Civil Litigation

Posted: 13 May 2002
Joel Waldfogel and Jason Scott Johnston
University of Minnesota - Twin Cities - Carlson School of Management and University of Virginia School of Law

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28.

On the Commons and the Common Law

The Common Law and the Environment, Meiners and Morriss, eds., 1999
Posted: 10 Sep 1999
Jason Scott Johnston
University of Virginia School of Law

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29.

Rules and the Possibility of Social Cooperation

Rules and Reasoning: Essays in Honor of Frederick Schauer (Linda Meyer, ed.) 1999
Posted: 11 Aug 1999
Jason Scott Johnston
University of Virginia School of Law

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30.

Communication and Courtship: Cheap Talk Economics and the Law of Contract Formation

Posted: 10 Aug 1999
Jason Scott Johnston
University of Virginia School of Law

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