David A. Dana

Northwestern University - Pritzker School of Law

Professor and Associate Dean

375 E. Chicago Ave

Chicago, IL 60611

United States

SCHOLARLY PAPERS

40

DOWNLOADS
Rank 11,812

SSRN RANKINGS

Top 11,812

in Total Papers Downloads

5,048

SSRN CITATIONS
Rank 33,286

SSRN RANKINGS

Top 33,286

in Total Papers Citations

16

CROSSREF CITATIONS

9

Scholarly Papers (40)

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 361 (102,006)
Citation 2

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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 337 (110,190)

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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 Penn State Law – University Park
Downloads 182 (202,596)
Citation 4

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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 Penn State Law – University Park
Downloads 132 (265,130)

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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 303 (123,570)

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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 270 (139,386)

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

6.

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 231 (162,548)
Citation 4

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7.
Downloads 227 (165,346)
Citation 3

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Econonics, law, environmental law, natural resources

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

9.
Downloads 181 (203,590)
Citation 1

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Climate Change, Cost-Benefit Analysis, Stated Preference

10.
Downloads 172 (212,739)

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Alien Tort Claims Act, Liability, Jurisdiction, Sosa

11.

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 168 (217,084)

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12.

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 167 (218,153)

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13.

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 164 (221,560)

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

14.

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 157 (229,847)

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environmental law, administrative law, intellectual property, technology

15.

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 154 (233,591)

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

16.

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 133 (262,675)

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Mortgage, Foreclosure, Courts

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

18.

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 127 (271,929)
Citation 1

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

19.

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 122 (280,232)

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

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 115 (292,225)

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

21.
Downloads 108 (305,289)

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Environmental Law and Policy, Law and Economics, Ad Law

22.
Downloads 106 (309,274)
Citation 3

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 102 (319,497)

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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

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 4 (779,155)
Citation 2

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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
Citation 1
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23.

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 103 (315,298)

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

24.

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 98 (325,743)

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

25.

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 98 (325,743)

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soda tax, preemption, politics, state and local government

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 78 (374,679)

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

27.

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 63 (420,505)

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

28.

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 Penn State Law – University Park
Downloads 62 (423,823)

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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

29.

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 (427,261)

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

30.

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 59 (434,373)

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Climate Change, Clean Power Plan, Environmental Justice, Federalism

31.

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 44 (493,275)

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

32.

Public Nuisance Law When Politics Fails

Northwestern Public Law Research Paper No. 21-14, Northwestern Law & Econ Research Paper No. 21-03
Number of pages: 51 Posted: 26 May 2021
David A. Dana
Downloads 43 (497,677)

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Nuisance, Tort, Regulation

33.

Not Just a Procedural Case: The Substantive Implications of Knick for State Property Law and Federal Takings Doctrine

Northwestern Law & Econ Research Paper No. 19-11, Northwestern Public Law Research Paper No. 19-26
Number of pages: 23 Posted: 26 Dec 2019
David A. Dana
Downloads 43 (497,677)
Citation 2

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takings, climate change, property

34.

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 35 (535,764)
Citation 1

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Climate Change, Adaptation, Takings, FEMA, local governments

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International Trade, administrative, constitutionational, environtmental

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39.

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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40.

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: 5
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 5

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