Jonathan Remy Nash

Emory University School of Law

Professor of Law

1301 Clifton Road

Atlanta, GA 30322

United States

SCHOLARLY PAPERS

35

DOWNLOADS
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4,144

CITATIONS
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SSRN RANKINGS

Top 20,519

in Total Papers Citations

32

Scholarly Papers (35)

1.

Markets and Geography: Designing Marketable Permit Schemes to Control Local and Regional Pollutants

Ecology Law Quarterly, Issue 28, July 3, 2001
Number of pages: 103 Posted: 26 Apr 2001
Richard L. Revesz and Jonathan Remy Nash
New York University School of Law and Emory University School of Law
Downloads 315 (94,923)
Citation 1

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2.

Standing and the Precautionary Principle

U of Chicago, Public Law Working Paper No. 178, Columbia Law Review, Vol. 108, No. 2, 2008, Tulane Public Law Research Paper No. 07-06
Number of pages: 35 Posted: 08 Sep 2007 Last Revised: 11 Dec 2007
Jonathan Remy Nash
Emory University School of Law
Downloads 309 (96,973)

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Standing, Litigation, Environmental Law, International Environmental Law, Precautionary Principle

3.

Grandfathering and Environmental Regulation: The Law and Economics of New Source Review

Northwestern University Law Review, Vol. 102, 2007, Tulane Public Law Research Paper No. 07-01, NYU Law and Economics Research Paper No. 07-10, NYU Law School, Public Law Research Paper No. 07-03
Number of pages: 55 Posted: 28 Feb 2007
Jonathan Remy Nash and Richard L. Revesz
Emory University School of Law and New York University School of Law
Downloads 300 (100,074)
Citation 2

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Environmental law, New source review, Grandfathering, Nonconforming uses

4.

Prosecuting Federal Crimes in State Courts

Virginia Law Review, Vol. 97, 2011, Virginia Public Law and Legal Theory Research Paper No. 2010-37, Emory Public Law Research Paper No. 10-128
Number of pages: 77 Posted: 24 Oct 2010
Michael G. Collins and Jonathan Remy Nash
University of Virginia School of Law and Emory University School of Law
Downloads 292 (103,100)

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5.

Economic Efficiency versus Public Choice: The Case of Property Rights in Road Traffic Management

Boston College Law Review, Vol. 49, 2008, Tulane Public Law Research Paper No. 07-14, U of Chicago Law & Economics, Olin Working Paper No. 374, U of Chicago, Public Law Working Paper No. 192
Number of pages: 48 Posted: 17 Dec 2007 Last Revised: 22 Jan 2008
Jonathan Remy Nash
Emory University School of Law
Downloads 249 (121,901)

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congestion pricing, highways, tolling, public choice, efficiency, property rights

6.

An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review

Vanderbilt Law Review, Vol. 61, No. 6, 2008, U of Chicago Law & Economics, Olin Working Paper No. 367, Tulane Public Law Research Paper No. 07-03, U of Chicago, Public Law Working Paper No. 187, 2nd Annual Conference on Empirical Legal Studies Paper
Number of pages: 78 Posted: 03 Jun 2007 Last Revised: 01 Aug 2011
Jonathan Remy Nash and Rafael I. Pardo
Emory University School of Law and Emory University School of Law
Downloads 236 (128,681)

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Courts, Judges, Appeals, Appellate Structure, Bankruptcy, Bankruptcy Appellate Panels

7.

Framing Effects and Regulatory Choice

Notre Dame Law Review, Vol. 81, 2006, Tulane Public Law Research Paper No. 06-10
Number of pages: 51 Posted: 20 Jul 2006
Jonathan Remy Nash
Emory University School of Law
Downloads 234 (129,801)

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Behavioral Law and Economics, Framing Effects, Administrative Law, Environmental Law, Instrument Choice, Commodification, Right to Pollute; Market-Based Instruments

8.

Property Frames

Chicago-Kent Intellectual Property, Science & Technology Research Paper No. 09-020, Emory Public Law Research Paper No. 9-70, Emory Law and Economics Research Paper No. 9-47, Washington University Law Review, Forthcoming
Number of pages: 55 Posted: 31 Aug 2009 Last Revised: 12 Jun 2012
Jonathan Remy Nash and Stephanie M. Stern
Emory University School of Law and Chicago-Kent College of Law
Downloads 222 (136,642)

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property, psychology, framing, environment, intellectual property

9.

Examining the Power of Federal Courts to Certify Questions of State Law

Cornell Law Review, Spring 2003
Number of pages: 66 Posted: 19 Jul 2004
Jonathan Remy Nash
Emory University School of Law
Downloads 185 (162,039)

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Jurisdiction, Federal Courts, Federalism, Certification, Constitutional Law

10.

The Case for Tipping and Unrestricted Tip-Pooling: Promoting Intrafirm Cooperation

NYU School of Law, Public Law Research Paper No. 16-05, NYU Law and Economics Research Paper No. 16-07, Emory Legal Studies Research Paper No. 16-401, Boston College Law Review, Vol. 59, 2018
Number of pages: 20 Posted: 02 Feb 2016 Last Revised: 24 May 2017
Samuel Estreicher and Jonathan Remy Nash
New York University Law School and Emory University School of Law
Downloads 138 (207,804)

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Tipping; Norms; Employment law; Labor law; Tax law

11.

The Production Function of the Regulatory State: How Much Do Agency Budgets Matter?

Minnesota Law Review, Vol. 102, p. 695, 2017, Emory Legal Studies Research Paper No. 17-437, Vanderbilt Law Research Paper No. 17-21, UCLA School of Law, Law-Econ Research Paper No. 17-03
Number of pages: 65 Posted: 04 Mar 2017 Last Revised: 23 Dec 2017
Jonathan Remy Nash, J. B. Ruhl and James E. Salzman
Emory University School of Law, Vanderbilt University - Law School and University of California, Santa Barbara (UCSB) - Donald Bren School of Environmental Science & Management
Downloads 132 (215,466)

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regulatory production function model, regulatory agency budgets, agency funding, budget cuts, budget analysis, EPA

12.

Instrument Choice in Federal Court Jurisdiction: Rules, Standards, and Discretion

Emory Public Law Research Paper No. 10-92, Emory Law and Economics Research Paper No. 10-59
Number of pages: 47 Posted: 17 Feb 2010
Jonathan Remy Nash
Emory University School of Law
Downloads 126 (223,271)

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Federal courts, Federal jurisdiction, Rules and standards, Instrument choice, Doctrinal choice, Federalism

13.

Prejudging Judges

Columbia Public Law Research Paper No. 06-100, Tulane Public Law Research Paper No. 06-01
Number of pages: 35 Posted: 02 Mar 2006
Jonathan Remy Nash
Emory University School of Law
Downloads 122 (228,803)
Citation 1

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14.

A Functional Theory of Congressional Standing

Michigan Law Review, Vol. 114, 2015 (Forthcoming), Emory Legal Studies Research Paper No. 15-329
Number of pages: 85 Posted: 07 Feb 2015 Last Revised: 22 Sep 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 117 (236,013)

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Standing, Federal courts, Congressional standing, Separation of powers, Constitutional law

15.

National Personal Jurisdiction

Emory Legal Studies Research Paper
Number of pages: 41 Posted: 19 Feb 2018
Jonathan Remy Nash
Emory University School of Law
Downloads 112 (243,490)

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Personal Jurisdiction, Constitutional Law, Federalism, Access to Courts

16.

Does Ideology Matter in Bankruptcy? Voting Behavior on the Courts of Appeals

William & Mary Law Review, Vol. 53, No. 3, pp. 919-985, 2012, 5th Annual Conference on Empirical Legal Studies Paper, Emory Law and Economics Research Paper No. 11-100, Emory Public Law Research Paper No. 11-146, University of Washington School of Law Research Paper No. 2011-08
Number of pages: 68 Posted: 15 Jul 2010 Last Revised: 12 Jun 2012
Jonathan Remy Nash and Rafael I. Pardo
Emory University School of Law and Emory University School of Law
Downloads 106 (253,178)

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courts, judges, empirical, bankruptcy, appeals, appellate structure

17.

Rethinking the Principal-Agent Theory of Judging

Iowa Law Review, Vol. 99, No. 1, 2013, Emory Legal Studies Research Paper No. 13-267
Number of pages: 33 Posted: 18 Nov 2013 Last Revised: 20 Dec 2013
Jonathan Remy Nash and Rafael I. Pardo
Emory University School of Law and Emory University School of Law
Downloads 102 (260,021)

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courts, judges, empirical, bankruptcy, appeals, appellate structure

18.

Resuscitating Deference to Lower Federal Court Judges' Interpretations of State Law

Southern California Law Review, Vol. 77, 2004
Number of pages: 51 Posted: 07 May 2004
Jonathan Remy Nash
Emory University School of Law
Downloads 101 (261,723)

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Federal Courts, Federal Jurisdiction, Diversity Jurisdiction, Deference

19.

Standing's Expected Value

Michigan Law Review, 2013, Emory Public Law Research Paper No. 12-189, Emory Law and Economics Research Paper No. 12-122
Number of pages: 46 Posted: 07 Apr 2012
Jonathan Remy Nash
Emory University School of Law
Downloads 98 (267,005)

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Standing, Federal courts, Jurisdiction, Law and Economics

20.

Sovereign Preemption State Standing

Northwestern University Law Review, Forthcoming, Emory Legal Studies Research Paper No. 17-427
Number of pages: 54 Posted: 29 Jan 2017 Last Revised: 20 Mar 2017
Jonathan Remy Nash
Emory University School of Law
Downloads 89 (284,005)
Citation 1

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Standing, Article III, Federalism, Preemption, Constitutional law

21.

The Majority that Wasn't: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements

U of Chicago, Public Law Working Paper No. 227, Emory Law Journal, Vol. 58, No. 4, 2009
Number of pages: 58 Posted: 13 Aug 2008 Last Revised: 18 Jul 2017
Jonathan Remy Nash
Emory University School of Law
Downloads 88 (286,024)
Citation 7

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quorum, courts, judges, Condorcet jury theorem, deliberation, precedent, stare decisis

22.

Unearthing Summary Judgment's Concealed Standard of Review

UC Davis Law Review, Forthcoming, Emory Legal Studies Research Paper No. 16-400
Number of pages: 45 Posted: 16 Feb 2016 Last Revised: 02 Sep 2016
Jonathan Remy Nash
Emory University School of Law
Downloads 78 (307,813)

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Civil procedure, Litigation, Federal courts, Empirical legal studies

23.

The Uneasy Case for Transjurisdictional Adjudication

Virginia Law Review, Forthcoming, U of Chicago Law & Economics, Olin Working Paper No. 409, U of Chicago, Public Law Working Paper No. 219, Tulane Public Law Research Paper No. 08-06
Number of pages: 54 Posted: 11 Jun 2008
Jonathan Remy Nash
Emory University School of Law
Downloads 71 (324,738)

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24.

The Institutional Dynamics of Transition Relief

New York University Law Review, Vol. 85, p. 101, 2010, U of Chicago, Public Law Working Paper No. 307, U of Chicago Law & Economics, Olin Working Paper No. 520
Number of pages: 65 Posted: 30 Jun 2009 Last Revised: 04 Jan 2011
Jonathan S. Masur and Jonathan Remy Nash
University of Chicago - Law School and Emory University School of Law
Downloads 69 (329,890)
Citation 1

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Transition relief, Administrative law, Environmental law

25.

Rules, Standards, and General Jurisdiction

Emory Legal Studies Research Paper
Number of pages: 40 Posted: 20 Aug 2018
Jonathan Remy Nash
Emory University School of Law
Downloads 48 (392,851)

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Civil Procedure, Federal Courts, Rules and Standards, Empirical Legal Studies

26.
Downloads 42 (414,260)

Interparty Judicial Appointments

Emory Legal Studies Research Paper No. 15-344
Number of pages: 27 Posted: 28 Feb 2015 Last Revised: 28 Mar 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 41 (426,632)

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Judicial decision-making, Courts, Judges, judiciary, Empirical legal studies

Interparty Judicial Appointments

Journal of Empirical Legal Studies, Vol. 12, Issue 4, pp. 664-685, 2015
Number of pages: 22 Posted: 28 Oct 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 1 (680,350)
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27.

Doubly Uncooperative Federalism and the Challenge of U.S. Treaty Compliance

Columbia Journal of Transnational Law, Vol. 55, No. 3, 2016, Emory Legal Studies Research Paper No. 17-436
Number of pages: 63 Posted: 18 May 2017
Jonathan Remy Nash
Emory University School of Law
Downloads 34 (446,408)

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Federalism, International law, Treaties, Constitutional law

28.

The Supreme Court and the Regulation of Risk in Criminal Law

Boston University Law Review, Vol. 92, No. 1, 2012, Emory Legal Studies Research Paper
Number of pages: 55 Posted: 23 May 2014
Jonathan Remy Nash
Emory University School of Law
Downloads 34 (446,408)

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Criminal law, Law enforcement, Environmental law, Risk Regulation, Risk-risk tradeoffs, Cost-benefit analysis, Risk analysis, Risk management

29.

Judicial Laterals

Vanderbilt Law Review, Vol. 70, No. 6, 2017, Emory Legal Studies Research Paper
Number of pages: 23 Posted: 26 Dec 2017
Jonathan Remy Nash
Emory University School of Law
Downloads 29 (469,379)

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Judges, Judiciary, Federalism, Labor markets

30.

On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction

Vanderbilt Law Review, Vol. 65, No. 2, 2012, Emory Legal Studies Research Paper 15-332
Number of pages: 53 Posted: 23 May 2014 Last Revised: 12 Feb 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 24 (495,861)

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Federal jurisdiction, Rules and standards, Abstention, Judicial Hierarchy

31.

Allocation and Uncertainty: Strategic Responses to Environmental Grandfathering

Ecology Law Quarterly, Vol. 36, No. 4, 2009, Emory Legal Studies Research Paper 15-343
Number of pages: 43 Posted: 23 May 2014 Last Revised: 12 Feb 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 23 (501,349)

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Environmental law, Distributional justice, Grandfathering, Transition relief, Natural resources

32.

Null Preemption

Notre Dame Law Review, Vol. 85, No. 3, 2012, Emory Legal Studies Research Paper 15-331
Number of pages: 66 Posted: 23 May 2014 Last Revised: 12 Feb 2015
Jonathan Remy Nash
Emory University School of Law
Downloads 19 (524,609)

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Preemption, Federalism, Environmental Law, Administrative law

33.

Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility

Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility, in THE LOGIC OF LEGAL REQUIREMENTS: ESSAYS ON DEFEASIBILITY (Jordi Ferrer & Giovanni B. Ratti eds., Oxford U. Press 2013), Emory Legal Studies Research Paper 14-297
Posted: 24 May 2014 Last Revised: 12 Nov 2014
Jonathan Remy Nash
Emory University School of Law

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Jurisprudence, Section 1983, Habeas corpus, Legal reasoning, Defeasibility

34.

Taxes and the Success of Non-Tax Market-Based Environmental Regulatory Regimes

U of Chicago Law & Economics, Olin Working Paper No. 412, CRITICAL ISSUES IN ENVIRONMENTAL TAXATION: INTERNATIONAL AND COMPARATIVE PERSPECTIVES, Chapter 5, Nathalie Chalifour, Janet E. Milne, Hope Ashiabor, Kurt Deketelaere & Larry Kreiser, eds., 2008, U of Chicago, Public Law Working Paper No. 222
Posted: 08 Aug 2008
Jonathan Remy Nash
Emory University School of Law

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35.

A Context-Sensitive Voting Protocol Paradigm for Multimember Courts

Stanford Law Review, Vol. 56, 2003
Posted: 29 Aug 2003
Jonathan Remy Nash
Emory University School of Law

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Collective Decisionmaking, Voting Theory, Procedure, Litigation, Jurisprudence, Legal Philosophy