David A. Dana

Northwestern University - Pritzker School of Law

Professor and Associate Dean

375 E. Chicago Ave

Chicago, IL 60611

United States

SCHOLARLY PAPERS

32

DOWNLOADS
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Top 9,360

in Total Papers Downloads

3,816

CITATIONS
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SSRN RANKINGS

Top 20,926

in Total Papers Citations

14

Scholarly Papers (32)

1.

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 322 (70,214)
Citation 4

Abstract:

mortgages, housing, takings

2.

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 319 (69,052)
Citation 1

Abstract:

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

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 162 (144,029)

Abstract:

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 98 (213,934)

Abstract:

Oil, gas, fracking, liability, insurance

4.

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 253 (91,811)

Abstract:

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

5.

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 239 (92,238)
Citation 1

Abstract:

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

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 213 (108,726)
Citation 1

Abstract:

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 192 (118,246)
Citation 4

Abstract:

8.
Downloads 189 (120,483)

Abstract:

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

9.

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 154 (144,691)

Abstract:

10.

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 149 (149,483)

Abstract:

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

11.
Downloads 139 (150,318)

Abstract:

Alien Tort Claims Act, Liability, Jurisdiction, Sosa

12.
Downloads 139 (157,399)

Abstract:

Climate Change, Cost-Benefit Analysis, Stated Preference

13.

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 137 (159,229)
Citation 2

Abstract:

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

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 129 (161,063)

Abstract:

environmental law, administrative law, intellectual property, technology

15.

'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 117 (181,446)

Abstract:

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

16.

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 114 (187,287)
Citation 1

Abstract:

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

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 103 (196,032)

Abstract:

Mortgage, Foreclosure, Courts

18.

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 103 (202,714)

Abstract:

Environmental Law and Policy, Law and Economics, Ad Law

19.

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 67 (233,069)

Abstract:

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

20.

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 55 (288,483)

Abstract:

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

21.

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 49 (251,383)

Abstract:

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

22.

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 26 (370,423)

Abstract:

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

23.

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 0 (352,213)

Abstract:

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

24.

After Flint: Environmental Justice as Equal Protection

Northwestern University Law Review, Vol. 111 (Forthcoming)
Number of pages: 10 Posted: 21 Oct 2016 Last Revised: 19 Jan 2017
David A. Dana and Deborah Tuerkheimer
Downloads 0 (278,987)

Abstract:

25.

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 0 (355,700)

Abstract:

Climate Change, Clean Power Plan, Environmental Justice, Federalism

26.

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 0 (405,993)

Abstract:

Climate Change, Adaptation, Takings, FEMA, local governments

27.

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

Abstract:

International Trade, administrative, constitutionational, environtmental

28.

A Behavioral Economic Defense of the Precautionary Principle

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

Abstract:

Abstract:

Abstract:

31.

The New Contractarian Paradigm in Environmental Regulation

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

Abstract:

32.

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

Abstract:

Other Papers (1)

Total Downloads: 3    Citations: 0
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 2

Abstract:

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