David B. Spence

University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society

Professor of Law, Politics & Regulation

2110 Speedway, B6000

CA 5.202

Austin, TX 78705

United States

https://law.utexas.edu/faculty/dspence/

University of Texas at Austin - School of Law

Professor

727 East Dean Keeton Street

Austin, TX 78705

United States

University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business

Affiliated Faculty

727 East Dean Keeton Street

Austin, TX 78705

United States

SCHOLARLY PAPERS

26

DOWNLOADS
Rank 6,028

SSRN RANKINGS

Top 6,028

in Total Papers Downloads

6,021

CITATIONS
Rank 13,233

SSRN RANKINGS

Top 13,233

in Total Papers Citations

29

Scholarly Papers (26)

1.

Energy, Economics and the Environment: Cases and Materials

ENERGY, ECONOMICS AND THE ENVIRONMENT: CASES AND MATERIALS, Foundation Press, 2006
Number of pages: 23 Posted: 22 Dec 2008
Illinois Institute of Technology, Chicago-Kent College of Law (Deceased), University of Richmond - School of Law, Vanderbilt University - Law School, University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Houston Law Center
Downloads 1,029 (11,503)
Citation 1

Abstract:

Energy Law, Environmental Law, Regulated Industries

2.

Federalism, Regulatory Lags, and the Political Economy of Energy Production

University of Pennsylvania Law Review, 2012, U of Texas Law, Law and Econ Research Paper No. 222
Number of pages: 55 Posted: 06 Mar 2012
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 672 (28,224)

Abstract:

Regulation, Federalism, Energy, Environment

3.

The New Political Economy Of Regulation: Looking For Positive Sum Change In a Zero Sum World

University of Texas at Austin, Graduate School of Business Working Paper No. 990415
Number of pages: 28 Posted: 19 May 1999
David B. Spence and Lekha Gopalakrishnan
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Texas Law School
Downloads 565 (38,627)
Citation 1

Abstract:

4.

Can Law Manage Competitive Energy Markets?

Cornell Law Review, 2008, U of Texas Law, Law and Econ Research Paper No. 137
Number of pages: 51 Posted: 09 Dec 2007 Last Revised: 07 Nov 2014
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 466 (44,976)
Citation 1

Abstract:

energy, public utilities, restructuring, law, competition

5.

Old Statutes, New Problems

University of Pennsylvania Law Review, Forthcoming, U of Texas Law, Public Law Research Paper No. 553
Number of pages: 70 Posted: 10 Feb 2014 Last Revised: 01 Apr 2014
Jody Freeman and David B. Spence
Harvard Law School and University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 329 (64,715)

Abstract:

6.

Sarbanes-Oxley as Quack Corporate Governance: How Wise is the Received Wisdom?

Georgetown Law Journal, 2007, McCombs Research Paper Series No. IROM-10-06
Number of pages: 64 Posted: 18 Nov 2006
Robert A. Prentice and David B. Spence
University of Texas at Austin - McCombs School of Business and University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 326 (67,425)
Citation 4

Abstract:

The Political Economy of Local Vetoes

Texas Law Review, Forthcoming, U of Texas Law, Public Law Research Paper No. 552
Number of pages: 47 Posted: 09 Mar 2014 Last Revised: 04 Apr 2014
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 178 (142,810)

Abstract:

The Political Economy of Local Vetoes

Texas Law Review, Vol. 93, 2014, KBH Energy Center Research Paper No. 2015-08
Number of pages: 64 Posted: 08 Jul 2015
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 44 (357,981)

Abstract:

state law, local zoning decisions, regulatory takings claims, state-local disputes, local vetoes, fracking, natural gas or oil from shale formations, cost and benefits of development, distributional concerns

8.

Responsible Shale Gas Production: Moral Outrage vs. Cool Analysis

U of Texas Law, Law and Econ Research Paper No. 403
Number of pages: 31 Posted: 05 Mar 2013 Last Revised: 25 Mar 2015
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 213 (97,113)

Abstract:

Energy, Environment

9.

Introduction: Themes in Energy Law

Energy, Economics & the Environment, 4th Edition, Foundation Press, Forthcoming, GWU Law School Public Law Research Paper No. 2014-38, GWU Legal Studies Research Paper No. 2014-38, FSU College of Law, Public Law Research Paper No. 694, U of Houston Law Center No. 2014-A-73, U of Texas Law, Public Law Research Paper No. 618
Number of pages: 29 Posted: 11 Jul 2014 Last Revised: 10 Jan 2016
University of Richmond - School of Law, George Washington University - Law School, Vanderbilt University - Law School, University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society, University of Houston Law Center and Florida State University - College of Law
Downloads 188 (67,197)

Abstract:

energy, environmental, textbook, casebook, governance, ownership, externalities, monopoly, risk

10.

The Transformation of American Energy Markets and the Problem of Market Power

University of Texas Law, Law and Economics Research Paper No. 202, McCombs Research Paper Series No. BGS-01-11
Number of pages: 50 Posted: 16 Feb 2011 Last Revised: 07 Nov 2014
David B. Spence and Robert A. Prentice
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Texas at Austin - McCombs School of Business
Downloads 185 (129,506)

Abstract:

11.

A Public Choice Progressivism, Continued

Cornell Law Review, 2001
Number of pages: 43 Posted: 26 Mar 2001 Last Revised: 04 Mar 2014
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 172 (145,024)
Citation 7

Abstract:

Administrative law, Nondelegation doctrine, Public choice, Regulation

12.

Fuels for Electric Power Generation: Regulatory, Policy, and Economic Pressures

Global Climate Change and U.S. Law (2d ed., Michael B. Gerrard & Jody Freeman, eds.) (Forthcoming), Wake Forest Univ. Legal Studies Paper No. 2188906
Number of pages: 48 Posted: 15 Dec 2012
David B. Spence and Emily Hammond
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and George Washington University - Law School
Downloads 92 (199,433)

Abstract:

greenhouse gas, electricity, natural gas, renewables, energy, climate change, nuclear, coal

13.

Regulation, 'Republican Moments,' and Energy Policy Reform

University of Texas Law, Law and Econ Research Paper No. 201
Number of pages: 43 Posted: 16 Feb 2011 Last Revised: 06 Dec 2013
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 73 (251,275)

Abstract:

Energy, Law, Politics

14.

Ideology vs. Interest Group Politics in U.S. Energy Policy

North Carolina Law Review, Vol. 95, p. 339, 2017, KBH Energy Center Research Paper No. 2017-1, U of Texas Law, Law and Econ Research Paper No. E560, U of Texas Law, Public Law Research Paper No. UTPUB635
Number of pages: 75 Posted: 13 Aug 2015 Last Revised: 29 Mar 2017
David E. Adelman and David B. Spence
University of Texas School of Law and University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 67 (101,559)

Abstract:

Energy, Regulation, Public Utility, Environment

15.

The Regulatory Contract in the Marketplace

Vanderbilt Law Review, Forthcoming, GWU Legal Studies Research Paper 2015-11, GWU Law School Public Law Research Paper 2015-11, U of Texas Law, Public Law Research Paper No. UTPUB626, U of Texas Law, Law and Econ Research Paper, KBH Energy Center Research Paper No. 2016-3
Number of pages: 77 Posted: 10 Apr 2015 Last Revised: 01 Mar 2016
Emily Hammond and David B. Spence
George Washington University - Law School and University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 65 (152,002)

Abstract:

wholesale, electricity markets, grid, green energy, nuclear, regulatory contract, regulatory compact, ISO, RTO, FERC, NRC, EPA, Clean Power Plan

16.

A Public Choice Case for the Administrative State

Georgetown Law Journal, Forthcoming
Number of pages: 47 Posted: 31 Mar 2000 Last Revised: 06 Mar 2013
David B. Spence and Frank B. Cross
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Texas at Austin - Department of Information, Risk and Operations Management
Downloads 34 (258,881)
Citation 8

Abstract:

17.

The Shadow of the Rational Polluter: Rethinking the Role of Rational Actor Models in Environmental Law

California Law Review, Volume 89 Issue 4 Article 1, U of Texas Law, Public Law Research Paper No. 17
Number of pages: 83 Posted: 06 Dec 2000 Last Revised: 06 Mar 2013
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 8 (462,221)
Citation 7

Abstract:

Environmental Law, Environmental Policy, Regulation, Criminal Law, Regulatory Reform, Public Policy

18.

The Effects of Partisan Polarization on the Bureaucracy

SSRC Anxieties of Democracy Projects, Working Group on Polarization (2016)
Number of pages: 26 Posted: 18 Mar 2017 Last Revised: 07 Jun 2017
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 0 (339,224)

Abstract:

19.

Paradoxes of Decarbonization

KBH Energy Center Research Paper No. 2016-11, U of Texas Law, Law and Econ Research Paper No. 565
Number of pages: 25 Posted: 30 Jun 2016 Last Revised: 08 Dec 2016
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 0 (279,493)

Abstract:

20.

Naive Energy Markets

U of Texas Law, Law and Econ Research Paper No. E563, KBH Energy Center Research Paper No. 2016-10
Number of pages: 44 Posted: 24 Feb 2016 Last Revised: 06 Dec 2016
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society
Downloads 0 (230,678)

Abstract:

Regulation, energy, law and economics

21.

Bargaining Theory and Regulatory Reform: The Political Logic of Inefficient Regulation

Vanderbilt Law Review, March 2000
Posted: 30 Mar 2000
David B. Spence and Lekha Gopalakrishnan
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Texas Law School

Abstract:

22.

The Law, Economics and Politics of Federal Preemption Jurisprudence

California Law Review
Posted: 23 Mar 1999
David B. Spence and Paula C. Murray
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Texas at Austin - Department of Information, Risk and Operations Management

Abstract:

23.

Agency Discretion and the Limits of Procedural Reform

Public Administration Review, 1999
Posted: 23 Mar 1999
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society

Abstract:

24.

Managing Delegation Ex Ante: Using Law to Steer Administrative Agencies

Journal of Legal Studies, 1999
Posted: 01 Feb 1999
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society

Abstract:

25.

Imposing Liability as a Policy Choice: Holmesian 'Intuitions' and Superfund Reform

Northwestern University Law Review, Vol. 93, No. 2, January 1999
Posted: 02 Nov 1998
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society

Abstract:

26.

Administrative Law and Agency Policymaking: Rethinking the Positive Theory of Political Control

Yale Journal on Regulation (1997)
Posted: 29 Jul 1998
David B. Spence
University of Texas at Austin – McCombs School of Business – Department of Business, Government & Society

Abstract: