David A. Dana

Northwestern University - Pritzker School of Law

Professor and Associate Dean

375 E. Chicago Ave

Chicago, IL 60611

United States

SCHOLARLY PAPERS

38

DOWNLOADS
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Top 9,897

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4,655

CITATIONS
Rank 38,045

SSRN RANKINGS

Top 38,045

in Total Papers Citations

13

Scholarly Papers (38)

1.

The Mismatch between Public Nuisance Law and Global Warming

Northwestern Law & Econ Research Paper No. 08-05, Northwestern Public Law Research Paper No. 08-16
Number of pages: 29 Posted: 07 May 2008
David A. Dana
Downloads 352 (83,918)
Citation 1

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Global warming, climate change, nusiance, public nuisance, federalism, environmental law, greenhouse gas emissions, political question

2.

The Foreclosure Crisis and the Anti-Fragmentation Principle in State Property Law

University of Chicago Law Review, Forthcoming, Northwestern Law & Econ Research Paper No. 09-06, Northwestern Public Law Research Paper No. 09-14
Number of pages: 18 Posted: 05 Jun 2009
David A. Dana
Downloads 333 (89,428)

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mortgages, housing, takings

A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

Northwestern Law & Econ Research Paper No. 13-37, Northwestern Public Law Research Paper No. 13-37
Number of pages: 62 Posted: 13 Nov 2013
David A. Dana and Hannah Jacobs Wiseman
Northwestern University - Pritzker School of Law and Florida State University - College of Law
Downloads 176 (169,707)
Citation 3

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environmental law, energy law, oil and gas law, insurance law, bonds, and hydrofracturing or fracking

A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

99 Iowa Law Review 1523 (2014), Northwestern Public Law Research Paper No. 15-29, FSU College of Law, Public Law Research Paper No. 752, FSU College of Law, Law, Business & Economics Paper No. 15-16
Number of pages: 71 Posted: 05 May 2015
David A. Dana and Hannah Jacobs Wiseman
Northwestern University - Pritzker School of Law and Florida State University - College of Law
Downloads 123 (228,520)

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Oil, gas, fracking, liability, insurance

4.

The Contextual Rationality of the Precautionary Principle

Northwestern Public Law Research Paper No. 09-27, Northwestern Law & Econ Research Paper No. 09-46, Queen's Law Journal, Forthcoming
Number of pages: 34 Posted: 14 Dec 2009 Last Revised: 20 Jan 2010
David A. Dana
Downloads 279 (108,391)

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Precautionary Principle, Cost Benefit Analysis, Regulation, Climate Change, Nanotechnology

5.

Exclusionary Eminent Domain

Northwestern Law & Econ Research Paper No. 08-06, Northwestern Public Law Research Paper No. 08-17
Number of pages: 44 Posted: 07 May 2008
David A. Dana
Downloads 267 (113,532)

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Eminent domian, exclusionary zoning, zoning, affordable housing, Mount Laurel, Kelo

6.

Existence Value and Federal Preservation Regulation

Northwestern Law & Econ Research Paper No. 03-19; Northwestern Public Law Research Paper No. 03-17
Number of pages: 70 Posted: 23 Dec 2003
David A. Dana
Downloads 223 (136,203)
Citation 2

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Econonics, law, environmental law, natural resources

7.

The Law and Expressive Meaning of Condemning the Poor after Kelo

Northwestern Law & Econ Research Paper No. 917891, Northwestern Public Law Research Paper No. 917891
Number of pages: 27 Posted: 18 Jul 2006
David A. Dana
Downloads 214 (141,719)

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Torts, Civil Procedure/Litigation, Law and Economics, Jurisprudence

9.
Downloads 166 (178,500)

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Alien Tort Claims Act, Liability, Jurisdiction, Sosa

10.

Reframing the Debate Over Eminent Domain Reform

Northwestern Law & Economics Research Paper No. 06-09, Northwestern Public Law Research Paper No. 06-31
Number of pages: 37 Posted: 14 Dec 2006
David A. Dana
Downloads 165 (179,439)

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11.
Downloads 164 (180,382)
Citation 1

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Climate Change, Cost-Benefit Analysis, Stated Preference

12.

When Less Liability May Mean More Precaution: The Case of Nanotechnology

UCLA Journal of Environmental Law & Policy, Forthcoming , Northwestern Law & Econ Research Paper No. 09-43, Northwestern Public Law Research Paper No. 09-24
Number of pages: 36 Posted: 09 Dec 2009
David A. Dana
Downloads 162 (182,225)

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Nanotechnology, Precautionary Principle, Liability, Emerging Technology, Environmental Risk, Regulation, Tort

13.

After Flint: Environmental Justice as Equal Protection

Northwestern University Law Review, Forthcoming, Northwestern Public Law Research Paper No. 16-29
Number of pages: 11 Posted: 21 Oct 2016 Last Revised: 22 Feb 2017
David A. Dana and Deborah Tuerkheimer
Downloads 155 (189,237)

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14.

Reframing Eminent Domain: Unsupported Advocacy, Ambiguous Economics, and the Case for a New Public Use Test

Vermont Law Review, 2007, Northwestern Public Law Research Paper No. 07-20, Northwestern Law & Econ Research Paper No. 07-03
Number of pages: 53 Posted: 12 Jul 2007
David A. Dana
Downloads 150 (194,466)

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Environmental Law, Property and Land Use, Law and Economics, Constitutional Law

15.

Can the Law Track Scientific Risk and Technological Innovation?: The Problem of Regulatory Definitions and Nanotechnology

THE NANOTECHNOLOGY CHALLENGE, Cambridge University Press, David Dana, ed., 2010, Northwestern Public Law Research Paper No. 10-83
Number of pages: 12 Posted: 19 Nov 2010
David A. Dana
Downloads 149 (195,543)

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environmental law, administrative law, intellectual property, technology

16.

'Adequacy of Representation' in Time (or Why the Result in Stephenson is Correct)

Northwestern Public Law Research Paper No. 04-05; Northwestern Law & Econ Research Paper No. 04-07
Number of pages: 26 Posted: 07 Jun 2004
David A. Dana
Downloads 128 (220,842)

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Torts, Litigation, Procedure, Public Law, Law and Economics

17.

Why Mortgage 'Formalities' Matter

Loyola Consumer Law Review, Vol. 24, p. 101, 2012 , Northwestern Public Law Research Paper No. 12-14, Northwestern Law & Econ Research Paper No. 12-06
Number of pages: 20 Posted: 12 Jun 2012
David A. Dana
Downloads 127 (222,109)

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Mortgage, Foreclosure, Courts

18.

Have US Regulators Been Soft on Banks Over Structured Products? Yes

International Finance Law Review, Vol. 13, July 2006
Number of pages: 7 Posted: 18 Dec 2009
University of Virginia School of Law, Northwestern University - Pritzker School of Law, Boston University School of Law and University of Pittsburgh
Downloads 121 (230,432)

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structured finance, banks, financial regulation, aiding and abetting, corporate fraud, Enron, Central Bank

19.

Commodifying and Banking Pollution Rights, Reducing Innovation

Northwestern Law & Econ Research Paper No. 05-04
Number of pages: 29 Posted: 22 Feb 2005
David A. Dana
Downloads 107 (251,760)

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Environmental Law and Policy, Law and Economics, Ad Law

20.

A Climate Change Lens on the Dormant Commerce Clause

Northwestern Public Law Research Paper No. 13-40
Number of pages: 37 Posted: 16 Dec 2013
David A. Dana and Michael Barsa
Downloads 102 (260,264)

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dormant commerce clause, climate change, greenhouse gasses, federalism, renewable fuels, energy

21.

An Invisible Crisis in Plain Sight: The Emergence of The 'The Eviction Economy,' Its Causes, and the Possibilities for Reform (Reviewing Desmond, EVICTED)

Michigan Law Review, Forthcoming, Northwestern Public Law Research Paper No. 16-27
Number of pages: 17 Posted: 09 Dec 2016
David A. Dana
Downloads 91 (280,302)
Citation 1

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Landlord-Tenant, Housing, Urban Studies, Poverty, Sociology

22.

Soda Taxes as a Legal and Social Movement

Northwestern Journal of Law and Social Policy, Forthcoming, Northwestern Public Law Research Paper No. 17-27
Number of pages: 25 Posted: 08 Dec 2017
David A. Dana and Janice Nadler
Downloads 90 (282,273)

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soda tax, preemption, politics, state and local government

23.

Judicial Review in an Age of Hyper-Polarization and Alternative Facts

Northwestern Public Law Research Paper No. 18-05
Number of pages: 40 Posted: 14 Feb 2018 Last Revised: 02 Mar 2018
David A. Dana and Michael Barsa
Downloads 87 (288,416)

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Judicial Review, Administrative Law, Polarization, Fuel Economy, Environmental Policy, Elections

24.

Symposium: Foreign Life Valuation

University of Illinois Law Review, Vol. 2015, No. 1, 2015, Temple University Legal Studies Research Paper No. 2015-27, University of Illinois College of Law Legal Studies Research Paper No. 15-27
Number of pages: 54 Posted: 03 May 2015 Last Revised: 28 Jul 2015
University of Illinois College of Law, University of Illinois College of Law, University of Illinois at Urbana-Champaign, University of Chicago - Law School, Temple University - James E. Beasley School of Law, Decision Research and Northwestern University - Pritzker School of Law
Downloads 87 (288,416)

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valuation, distributive justice, international law, immigration law, genocide, mass atrocities, climate change, transparency

25.
Downloads 81 (301,330)
Citation 1

Regulation, Public Attitudes, and Private Governance

Northwestern Public Law Research Paper No. 18-07, Northwestern Law & Econ Research Paper No. 18-06, 16 Journal of Empirical Legal Studies, (Forthcoming 2019)
Number of pages: 41 Posted: 16 Feb 2018 Last Revised: 01 Jan 2019
David A. Dana and Janice Nadler
Downloads 81 (304,143)

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private governance, private politics, food law & policy, consumer attitudes & behavior, social movements, environmental law & policy

Regulation, Public Attitudes, and Private Governance

Journal of Empirical Legal Studies, Vol. 16, Issue 1, pp. 69-93, 2019
Number of pages: 25 Posted: 20 Feb 2019
David A. Dana and Janice Nadler
Downloads 0
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Regulation, Public Attitudes, and Private Governance

Northwestern Public Law Research Paper No. 18-07, Northwestern Law & Econ Research Paper No. 18-06, 16 Journal of Empirical Legal Studies, (Forthcoming 2019)
Number of pages: 25 Posted: 16 Feb 2018
David A. Dana and Janice Nadler
Downloads 0 (334,241)
Citation 1

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private governance, private politics, food law & policy, consumer attitudes & behavior, social movements, environmental law & policy

26.

Escaping the Abdication Trap When Cooperative Federalism Fails: Legal Reform after Flint

Northwestern Public Law Research Paper No. 17-08
Number of pages: 37 Posted: 29 Mar 2017 Last Revised: 10 Apr 2017
David A. Dana
Downloads 71 (325,039)

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Environmental Law, federalism, Constitutional Law, Urban Studies, Environmental Policy, Environmental Justice

27.

Democratizing Preemption: Why and How Federal Courts Should Consider the Weight of Democratic Support for Non-Federal Alternatives

Northwestern University School of Law, Public Law and Legal Theory Research Paper Series No. 07-19, Northwestern Law Review, 2007
Number of pages: 64 Posted: 04 Jul 2007
David A. Dana
Downloads 61 (351,980)

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Environmental Law and Policy, Constitutional Law - Federalism, Civil Procedure

28.

Geoengineering and the Question of Weakened Resolve

Northwestern Public Law Research Paper No. 18-04, Northwestern Law & Econ Research Paper No. 18-04
Number of pages: 19 Posted: 14 Feb 2018
David A. Dana
Downloads 58 (360,784)

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Climate Change, Geoengineering, Moral Hazard, Law and Psychology, Environmental Policy

29.

A 'Switching Costs' Approach: EPA's Clean Power Plan as a Model for Allocating the Burden of Carbon Reductions Among Nations

San Diego Journal of Climate & Energy Law, Forthcoming, Northwestern Public Law Research Paper No. 16-17, Northwestern Law & Econ Research Paper No. 16-10
Number of pages: 31 Posted: 14 Jul 2016
Michael Barsa and David A. Dana
Downloads 53 (376,502)

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Climate Change, Clean Power Plan, Environmental Justice, Federalism

30.

Reforming Section 10 and the Habitat Conservation Plan Program

Northwestern Law & Econ Research Paper No. 09-44, Northwestern Public Law Research Paper No. 09-25
Number of pages: 22 Posted: 09 Dec 2009
David A. Dana
Downloads 42 (414,644)

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Endangered Species, Habitat Conservation Plans, Conservation Banking, Environmental Insurance, Environmental Law

31.

Fracking as a Test of the Demsetz Property Rights Thesis

Number of pages: 63 Posted: 15 Apr 2019
David A. Dana and Hannah Jacobs Wiseman
Northwestern University - Pritzker School of Law and Florida State University - College of Law
Downloads 33 (451,141)

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property, property rights, externalities, commons, hydraulic fracturing, fracking, hydrofracking, hydrofracturing, oil, gas, water, water quality, natural resources, community impacts, environmental law

32.

Incentivizing Municipalities to Adapt to Climate Change: Takings Liability and FEMA Reform as Possible Solutions

Northwestern Law & Econ Research Paper No. 16-10, Northwestern Public Law Research Paper No. 16-16
Number of pages: 38 Posted: 14 Jul 2016
David A. Dana
Downloads 29 (469,834)

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Climate Change, Adaptation, Takings, FEMA, local governments

33.

Extraterritorial Protection of Natural Resources in Constitutional and International Legal Discourse

Northwestern Law & Econ Research Paper No. 04-05; Northwestern Public Law Research Paper No. 04-01
Posted: 11 Mar 2004
David A. Dana

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International Trade, administrative, constitutionational, environtmental

34.

A Behavioral Economic Defense of the Precautionary Principle

Northwestern University Law Review, Spring 2003
Posted: 21 Jan 2003
David A. Dana

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37.

The New Contractarian Paradigm in Environmental Regulation

University of Illinois Law Review, November 1999
Posted: 19 Oct 1999
David A. Dana

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38.

Bargaining in the Shadow of Democracy

University of Pennsylvania Law Review, November 1999
Posted: 08 Oct 1999
David A. Dana and Susan P. Koniak
Northwestern University - Pritzker School of Law and Boston University School of Law

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Other Papers (1)

Total Downloads: 4
1.

How Washington Abetted the Bank Job

New York Times, op-ed, April 4, 2010
Number of pages: 4 Posted: 24 Jan 2015
Boston University School of Law, University of Virginia School of Law, Northwestern University - Pritzker School of Law and University of Pittsburgh
Downloads 4

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credit default swaps, derivatives, financial crisis, bank regulation, regulatory failure, regulatory capture