David B. Spence

University of Texas at Austin - School of Law

Professor

727 East Dean Keeton Street

Austin, TX 78705

United States

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 - Kay Bailey Hutchison Center for Energy, Law & Business

Affiliated Faculty

727 East Dean Keeton Street

Austin, TX 78705

United States

SCHOLARLY PAPERS

27

DOWNLOADS
Rank 7,130

SSRN RANKINGS

Top 7,130

in Total Papers Downloads

6,744

SSRN CITATIONS
Rank 16,023

SSRN RANKINGS

Top 16,023

in Total Papers Citations

5

CROSSREF CITATIONS

56

Scholarly Papers (27)

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 - School of Law and University of Houston Law Center
Downloads 1,525 (12,509)

Abstract:

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Energy Law, Environmental Law, Regulated Industries

2.

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

University of Pennsylvania Law Review, 2012
Number of pages: 55 Posted: 06 Mar 2012
David B. Spence
University of Texas at Austin - School of Law
Downloads 745 (36,029)

Abstract:

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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 - School of Law and University of Texas Law School
Downloads 579 (50,431)
Citation 2

Abstract:

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4.

Can Law Manage Competitive Energy Markets?

Cornell Law Review, 2008
Number of pages: 51 Posted: 09 Dec 2007 Last Revised: 07 Nov 2014
David B. Spence
University of Texas at Austin - School of Law
Downloads 540 (55,036)

Abstract:

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energy, public utilities, restructuring, law, competition

5.

Introduction: Themes in Energy Law

Energy, Economics & the Environment, 4th Edition, Foundation Press, Forthcoming
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 - School of Law, University of Houston Law Center and Florida State University - College of Law
Downloads 420 (75,011)

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

6.

Old Statutes, New Problems

University of Pennsylvania Law Review, Forthcoming
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 - School of Law
Downloads 395 (80,578)
Citation 7

Abstract:

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7.

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

Georgetown Law Journal, 2007
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 - School of Law
Downloads 378 (84,856)
Citation 1

Abstract:

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8.

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

North Carolina Law Review, Vol. 95, p. 339, 2017
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 - School of Law
Downloads 278 (119,226)

Abstract:

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Energy, Regulation, Public Utility, Environment

9.

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 - School of Law
Downloads 272 (121,887)
Citation 3

Abstract:

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Energy, Environment

10.
Downloads 232 (143,258)

The Political Economy of Local Vetoes

Texas Law Review, Forthcoming
Number of pages: 47 Posted: 09 Mar 2014 Last Revised: 04 Apr 2014
David B. Spence
University of Texas at Austin - School of Law
Downloads 178 (183,139)

Abstract:

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The Political Economy of Local Vetoes

Texas Law Review, Vol. 93, 2014
Number of pages: 64 Posted: 08 Jul 2015
David B. Spence
University of Texas at Austin - School of Law
Downloads 54 (411,295)

Abstract:

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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

11.

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

University of Texas Law, Law and Economics Research Paper No. 202
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 - School of Law and University of Texas at Austin - McCombs School of Business
Downloads 203 (162,579)

Abstract:

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12.

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 - School of Law
Downloads 189 (173,569)

Abstract:

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13.

The Regulatory Contract in the Marketplace

Vanderbilt Law Review, Forthcoming
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 - School of Law
Downloads 183 (178,707)

Abstract:

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

14.

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 - School of Law
Downloads 176 (184,965)

Abstract:

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Administrative law, Nondelegation doctrine, Public choice, Regulation

15.

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)
Number of pages: 48 Posted: 15 Dec 2012
David B. Spence and Emily Hammond
University of Texas at Austin - School of Law and George Washington University - Law School
Downloads 125 (244,626)

Abstract:

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

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 - School of Law and Deceased
Downloads 118 (255,457)

Abstract:

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17.

Naive Energy Markets

U of Texas Law, Law and Econ Research Paper No. E563
Number of pages: 44 Posted: 24 Feb 2016 Last Revised: 06 Dec 2016
David B. Spence
University of Texas at Austin - School of Law
Downloads 110 (268,503)

Abstract:

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Regulation, energy, law and economics

18.

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 - School of Law
Downloads 91 (304,566)
Citation 2

Abstract:

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Energy, Law, Politics

19.

Paradoxes of Decarbonization

KBH Energy Center Research Paper No. 2016-11
Number of pages: 25 Posted: 30 Jun 2016 Last Revised: 08 Dec 2016
David B. Spence
University of Texas at Austin - School of Law
Downloads 81 (327,239)

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The New Politics of (Energy) Market Entry

Number of pages: 70 Posted: 18 Mar 2019
David B. Spence
University of Texas at Austin - School of Law
Downloads 49 (429,889)

Abstract:

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The New Politics of (Energy) Market Entry

Notre Dame Law Review, Forthcoming
Number of pages: 55 Posted: 11 Mar 2019
David B. Spence
University of Texas at Austin - School of Law
Downloads 20 (581,859)

Abstract:

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Energy Law, Administrative Law, Public Utility Law

21.

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
Number of pages: 83 Posted: 06 Dec 2000 Last Revised: 06 Mar 2013
David B. Spence
University of Texas at Austin - School of Law
Downloads 35 (479,793)

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

22.

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 - School of Law and University of Texas Law School

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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 - School of Law

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24.

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 - School of Law and University of Texas at Austin - Department of Information, Risk and Operations Management

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25.

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 - School of Law

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26.

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 - School of Law

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27.

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 - School of Law

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