Jim Rossi

Vanderbilt University - Law School

Judge D.L. Lansden Chair in Law

131 21st Ave S

Nashville, TN 37203-5724

United States

  • Vanderbilt University - Law School

SCHOLARLY PAPERS

83

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31,126

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Top 14,884

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67

Scholarly Papers (83)

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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
Fred Bosselman, Joel B. Eisen, Jim Rossi, David B. Spence, David B. Spence and Jacqueline Lang Weaver
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 LawUniversity of Texas at Austin – McCombs School of Business – Department of Business, Government & Society and University of Houston Law Center
Downloads 1,811 (20,507)

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Energy Law, Environmental Law, Regulated Industries

2.

Agency Coordination in Shared Regulatory Space

Harvard Law Review, Vol. 125, 2012, FSU College of Law, Public Law Research Paper, No. 486
Number of pages: 81 Posted: 06 Mar 2011 Last Revised: 18 May 2017
Jody Freeman and Jim Rossi
Harvard Law School and Vanderbilt University - Law School
Downloads 1,365 (31,384)
Citation 22

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Administrative Law, Presidential Management, Separation of Powers, Collaboration, Political Oversight, Judicial Review

3.

Universal Service in Competitive Retail Electric Power Markets: Whither the Duty to Serve?

Energy Law Journal, Vol. 21, pp. 27-49, 2000, FSU College of Law, Public Law Working Paper No. 010
Number of pages: 24 Posted: 25 May 2000
Jim Rossi
Vanderbilt University - Law School
Downloads 969 (51,462)
Citation 1

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4.

Institutional Design and the Lingering Legacy of Antifederalist Separation of Powers Ideals in the States

Downloads 807 (66,120)
Citation 3

Institutional Design and the Lingering Legacy of Antifederalist Separation of Powers Ideals in the States

Number of pages: 74 Posted: 08 Mar 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 404 (154,833)

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Constitutional law, federalism, separation of powers, administrative law, state governments

Institutional Design and the Lingering Legacy of Antifederalist Separation of Powers Ideals in the States

FSU College of Law Working Paper Series No. 99-1
Number of pages: 97 Posted: 30 Jan 1999
Jim Rossi
Vanderbilt University - Law School
Downloads 403 (155,303)
Citation 3

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5.

Disentangling Deregulatory Takings

Number of pages: 62 Posted: 12 Aug 2004
Susan Rose-Ackerman and Jim Rossi
Yale Law School and Vanderbilt University - Law School
Downloads 800 (66,834)
Citation 1

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6.

Takings Law and Infrastructure Investment: Certainty, Flexibility and Compensation

Yale Law School, Program for Studies in Law, Economics and Public Policy, Working Paper No. 220
Number of pages: 36 Posted: 08 Dec 1999
Susan Rose-Ackerman and Jim Rossi
Yale Law School and Vanderbilt University - Law School
Downloads 773 (69,972)

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7.

Participation Run Amok: The Costs of Mass Participation for Deliberative Agency Decisionmaking

Northwestern University Law Review, Vol. 92, No. 1, 1997, FSU College of Law, Public Law Research Paper No.
Number of pages: 78 Posted: 02 Aug 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 745 (73,488)
Citation 5

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Administrative procedure, participation, intervention, deliberative democracy

8.

The Common Law 'Duty to Serve' the Protection of Consumers in an Age of Competitive Retail Public Utility Restructuring

Vanderbilt Law Review, Vol. 51, pp. 1233-1321, 1998, FSU College of Law Working Paper No. 98-1
Number of pages: 92 Posted: 17 Sep 1998
Jim Rossi
Vanderbilt University - Law School
Downloads 726 (76,011)
Citation 6

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Utility regulation, physical access, economic regulation, telecommunications, energy

9.

Public Choice, Energy Regulation and Deregulation

PUBLIC LAW AND PUBLIC CHOICE, Daniel Farber, Anne Joseph O'Connell, eds., Edward Elgar, 2009, FSU College of Law, Public Law Research Paper No. 338
Number of pages: 64 Posted: 22 Dec 2008 Last Revised: 12 Nov 2014
Jim Rossi
Vanderbilt University - Law School
Downloads 633 (90,567)

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Public Choice, Energy Regulation, Deregulation, Judicial Review, Capture Theory, Federalism, Legislation, Antitrust

10.

Introduction: Themes in Energy Law

Energy, Economics & the Environment, 4th Edition, Foundation Press, Forthcoming, GWU Law School Public Law Research Paper No. 2014-38, GWU Legal Studies Research Paper No. 2014-38, FSU College of Law, Public Law Research Paper No. 694, U of Houston Law Center No. 2014-A-73, U of Texas Law, Public Law Research Paper No. 618
Number of pages: 29 Posted: 11 Jul 2014 Last Revised: 10 Jan 2016
Joel B. Eisen, Emily Hammond, Jim Rossi, David B. Spence, David B. Spence, Jacqueline Lang Weaver and Hannah Jacobs Wiseman
University of Richmond - School of Law, George Washington University - Law School, Vanderbilt University - Law School, University of Texas at Austin - School of LawUniversity of Texas at Austin – McCombs School of Business – Department of Business, Government & Society, University of Houston Law Center and The Pennsylvania State University (University Park) – Penn State Law
Downloads 616 (93,698)

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

11.

How the Filed Rate Doctrine Wreaks Havoc with Energy Market Development and Policy ... And What Courts Can Do About it

Number of pages: 17 Posted: 06 Sep 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 573 (102,770)

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Courts, deregulation, energy policy

12.

Nondelegation Doctrine

ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES, David S. Tanenhaus, ed., Macmillan Reference USA, 2008
Number of pages: 5 Posted: 24 Dec 2008
Jim Rossi
Vanderbilt University - Law School
Downloads 572 (103,002)

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Nondelegation, Supreme Court, Separation of Powers

13.

Dual Constitutions and Constitutional Duels: Separation of Powers and State Implementation of Federally-Inspired Regulatory Programs and Standards

William & Mary Law Review, Vol. 46, pp. 1343-84, 2005, FSU College of Law, Public Law Research Paper No. 116, FSU College of Law, Law and Economics Paper No. 05-15
Number of pages: 42 Posted: 28 Jul 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 554 (107,157)
Citation 1

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Administrative law, federalism, separation of powers, state constitutions

14.

Empirical Measures of Judicial Performance: An Introduction to the Symposium

Number of pages: 14 Posted: 03 Nov 2004
Steven G. Gey and Jim Rossi
Florida State University and Vanderbilt University - Law School
Downloads 539 (110,956)

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15.

Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism

Washington University Law Quarterly, Vol. 83, p. 521, 2005, FSU College of Law, Public Law Research Paper No. 147, FSU College of Law, Law and Economics Paper No. 05-16
Number of pages: 53 Posted: 20 Feb 2005
Jim Rossi
Vanderbilt University - Law School
Downloads 538 (111,200)

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Judicial review, federalism, dormant commerce clause, state action immunity, antitrust law, state and local government

16.

The False Promise of the 'New' Nondelegation Doctrine

76 Notre Dame L. Rev. 1 (2001), FSU College of Law, Public Law and Legal Theory Working Paper No. 01
Number of pages: 20 Posted: 22 Mar 2000 Last Revised: 21 Feb 2019
Mark Seidenfeld and Jim Rossi
Florida State University College of Law and Vanderbilt University - Law School
Downloads 537 (111,477)
Citation 1

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17.

Lowering the Filed Tariff Shield: Judicial Enforcement in the Deregulatory Era

Number of pages: 72 Posted: 23 Nov 2002
Jim Rossi
Vanderbilt University - Law School
Downloads 526 (114,365)
Citation 2

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Judicial review; antitrust; regulated industries; federal preemption; administrative law

18.

The New Frontier of State Constitutional Law

William & Mary Law Review, Vol. 46, pp. 1231-1243, 2006, FSU College of Law, Public Law Research Paper No. 131
Number of pages: 14 Posted: 03 Nov 2004
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 497 (122,457)

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19.

Moving Public Law Out of the Deference Trap in Regulated Industries

Wake Forest Law Review, Vol. 40, p. 617, 2005, FSU College of Law, Public Law Research Paper No. 140, FSU College of Law, Law and Economics Paper No. 05-09
Number of pages: 83 Posted: 31 Jan 2005
Jim Rossi
Vanderbilt University - Law School
Downloads 486 (125,889)

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Deregulation, judicial review, antitrust law, federalism, dormant commerce clause

20.

Regulatory Bargaining and Public Law

Jim Rossi, REGULATORY BARGAINING AND PUBLIC LAW, Cambridge University Press, 2005, FSU College of Law Public Law Research Paper No. 156, FSU College of Law, Law and Economics Paper No. 05-22
Number of pages: 15 Posted: 23 Jun 2005
Jim Rossi
Vanderbilt University - Law School
Downloads 458 (135,159)

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Deregulation, courts, public law, administrative law, antitrust

21.

The Puzzle of State Constitutions

FSU College of Law, Public Law Research Paper No. 181, FSU College of Law, Law and Economics Paper No. 06-30, Buffalo Law Review, 2006
Number of pages: 21 Posted: 27 Jan 2006
Jim Rossi
Vanderbilt University - Law School
Downloads 449 (138,483)

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State constitutions, federalism, judicial review, constitutional interpretation

22.

Bargaining in the Shadow of the Administrative State: The Public Interest in Rulemaking Settlement

Number of pages: 44 Posted: 01 Aug 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 445 (139,961)
Citation 1

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Settlements; administrative law; executive branch; judicial review

23.

Antitrust Process and Vertical Deference: Judicial Review of State Regulatory Inaction

Iowa Law Review, Vol. 93, pp. 185-245, 2007, FSU College of Law, Public Law Research Paper No. 242, Vanderbilt Law and Economics Research Paper No. 07-04, FSU College of Law, Law and Economics Paper No. 07-007
Number of pages: 61 Posted: 06 Feb 2007
Jim Rossi
Vanderbilt University - Law School
Downloads 424 (147,978)

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Antitrust, Regulated Industries, Deregulation, Judicial Review, Federalism

24.

Dual Enforcement of Constitutional Norms

Downloads 422 (148,828)

Dual Enforcement of Constitutional Norms

NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2010, FSU College of Law, Public Law Research Paper No. 407
Number of pages: 21 Posted: 15 Oct 2009 Last Revised: 16 Dec 2009
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 216 (299,618)

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federalism, state constitutions, state constitutional law, state courts, dialogic

New Frontiers of State Constitutional Law: Dual Enforcement of Norms

NEW FRONTIERS OF STATE CONSTITUTIONAL LAW, Oxford University Press, 2011, FSU College of Law, Public Law Research Paper No. 478, FSU College of Law, Law, Business & Economics Paper No. 11-1, Buffalo Legal Studies Research Paper No. 2011-011
Number of pages: 14 Posted: 16 Jan 2011 Last Revised: 09 Oct 2017
James A. Gardner and Jim Rossi
University at Buffalo Law School and Vanderbilt University - Law School
Downloads 206 (313,558)

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State Constitutional Law, Constitutional Interpretation, Federalism, Constitutional Rights, Judicial Review, Same-Sex Marriage, Separation of Power, State Action

25.

The Trojan Horse of Electric Power Transmission Line Siting Authority

Lewis & Clark Law School Environmental Law, Vol. 39, 2009, FSU College of Law, Public Law Research Paper No. 388, FSU College of Law, Law, Business & Economics Paper No. 09-22
Number of pages: 34 Posted: 12 Sep 2009 Last Revised: 03 Feb 2010
Jim Rossi
Vanderbilt University - Law School
Downloads 420 (149,658)

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Climate change, renewable energy, land use, transmission, siting, federalism

26.

Respecting Deference: Conceptualizing Skidmore within the Architecture of Chevron

William & Mary Law Review, Vol. 42, No. 4, 2001, FSU College of Law, Public Law Research Paper No. 19
Number of pages: 44 Posted: 05 Oct 2000
Jim Rossi
Vanderbilt University - Law School
Downloads 417 (150,925)

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Judicial review, administrative law, deference, statutory interpretation

27.

State Executive Lawmaking in Crisis

Duke Law Journal, Vol. 56, p. 237, 2006
Number of pages: 41 Posted: 02 May 2006
Jim Rossi
Vanderbilt University - Law School
Downloads 413 (152,558)

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Constitutional law, administrative law, executive power, emergency planning

28.

The Electric Deregulation Fiasco: Looking to Regulatory Federalism to Promote a Balance between Markets and the Provision of Public Goods

Number of pages: 23 Posted: 28 Jul 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 408 (154,727)
Citation 1

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Deregulation, public utilities, federalism, antitrust, constitutional law

29.

Transmission Siting in Deregulated Wholesale Power Markets: Re-Imagining the Role of Courts in Resolving Federal-State Siting Impasses

Duke Environmental Law & Policy Forum, Vol. 15, p. 315, 2005, FSU College of Law, Law and Economics Paper No. 05-18, FSU College of Law, Public Law Research Paper No. 141
Number of pages: 25 Posted: 31 Jan 2005
Jim Rossi
Vanderbilt University - Law School
Downloads 402 (157,288)

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Electric power, deregulation, federalism.

30.

Siting Transmission Lines in a Changed Milieu: Evolving Notions of the 'Public Interest' in Balancing State and Regional Considerations

FSU College of Law, Public Law Research Paper No. 380, FSU College of Law, Law, Business & Economics Paper No. 09-17, University of Colorado Law Review, Forthcoming
Number of pages: 47 Posted: 06 Aug 2009 Last Revised: 02 Feb 2010
Ashley Brown and Jim Rossi
Harvard University - John F. Kennedy School of Government - Harvard Electricity Policy Group - Mossavar-Rahmani Center for Business and Government and Vanderbilt University - Law School
Downloads 399 (158,599)

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31.

The Irony of Deregulatory Takings

Texas Law Review, Vol. 77, pp. 297-320, 1998
Number of pages: 24 Posted: 31 Oct 1998
Jim Rossi
Vanderbilt University - Law School
Downloads 394 (160,877)
Citation 1

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Constitutional takings, Networks, Deregulation, Energy, Telecommunications

32.

Overcoming Parochialism: State Administrative Procedure and Institutional Design

Administrative Law Review, Vol. 53, No. 2, 2001, FSU College of Law, Public Law Research Paper No. 29
Number of pages: 24 Posted: 05 Aug 2001
Jim Rossi
Vanderbilt University - Law School
Downloads 378 (168,477)
Citation 2

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33.

Why the Filed Rate Doctrine Should Not Imply Blanket Judicial Deference to Regulatory Agencies

Administrative & Regulatory Law News, Fall 2008, FSU College of Law, Public Law Research Paper No. 329
Number of pages: 6 Posted: 22 Dec 2008 Last Revised: 10 Jan 2009
Jim Rossi
Vanderbilt University - Law School
Downloads 362 (176,807)

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Judicial Review, Antitrust, Regulated Industries

34.

Competition Law and Public Service in the European Union and the United States

Antitrust Source, Vol. 5, November 2005
Number of pages: 5 Posted: 22 Dec 2008
Jim Rossi
Vanderbilt University - Law School
Downloads 361 (177,335)

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Antitrust, Trade Regulation, Consumer Protection, Federalism, Public Utilities, Monopoly, Administrative Law, State and Local Regulation

35.

Politics, Institutions and Administrative Procedure: What Exactly Do We Know from the Empirical Study of State-Level Apas, and What More Can We Learn?

Administrative Law Review, 2007, FSU College of Law, Public Law Research Paper No. 230, FSU College of Law, Law and Economics Paper No. 07/004, Vanderbilt Public Law Research Paper No. 06-24, Vanderbilt Law and Economics Research Paper No. 06-26
Number of pages: 22 Posted: 01 Dec 2006
Jim Rossi
Vanderbilt University - Law School
Downloads 359 (178,413)
Citation 1

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Administrative Procedure, States, Legislation. Political Control, Empirical Study

36.

The Brave New Path of Energy Federalism

95 Texas Law Review 399-456 (2016), Vanderbilt Law Research Paper
Number of pages: 68 Posted: 18 Feb 2016 Last Revised: 24 Mar 2017
Jim Rossi
Vanderbilt University - Law School
Downloads 353 (181,760)

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Federalism, Energy Law, Environmental Law, Demand Response, Clean Energy, Federal Energy Regulatory Commission, Public Utilities

37.

The Scope of Regulatory Bargaining

Jim Rossi, REGULATORY BARGAINING AND PUBLIC LAW, Cambridge University Press, 2005, FSU College of Law, Public Law Research Paper No. 157, FSU College of Law, Law and Economics Paper No. 05-23
Number of pages: 29 Posted: 23 Jun 2005
Jim Rossi
Vanderbilt University - Law School
Downloads 347 (185,192)

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Deregulation, courts, constitutional law, antitrust, administrative law

38.

Public Choice Theory and the Fragmented Web of the Contemporary Administrative State

Michigan Law Review, Vol. 96, 1998
Number of pages: 32 Posted: 17 Aug 1998
Jim Rossi
Vanderbilt University - Law School
Downloads 347 (185,192)

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39.

The Limits of a National Renewable Portfolio Standard

Connecticut Law Review, Vol. 42, No. 5, p. 1425, July 2010, FSU College of Law, Public Law Research Paper No. 455, FSU College of Law, Law, Business & Economics Paper No. 10-9
Number of pages: 26 Posted: 23 Jul 2010 Last Revised: 15 Feb 2018
Jim Rossi
Vanderbilt University - Law School
Downloads 345 (186,399)

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Renewable power, climate change, electric power.

40.

The Political Economy of Energy and its Implications for Climate Change Legislation

Tulane Law Review, Vol. 84, p. 379, 2009, FSU College of Law, Public Law Research Paper No. 410
Number of pages: 50 Posted: 26 Jan 2010 Last Revised: 03 Feb 2010
Jim Rossi
Vanderbilt University - Law School
Downloads 341 (188,721)

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41.

Redeeming Judicial Review: The Hard Look Doctrine and Federal Regulatory Efforts to Restructure the Electric Utility Industry

Wisconsin Law Review, pp. 763-837, 1994
Number of pages: 76 Posted: 25 May 2006
Jim Rossi
Vanderbilt University - Law School
Downloads 335 (192,338)
Citation 3

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Administrative law, judicial review, ossification, energy policy, FERC

42.

Alj Final Orders on Appeal: Balancing Independence with Accountability

FSU College of Law Working Paper 99-03
Number of pages: 17 Posted: 16 Dec 1999
Jim Rossi
Vanderbilt University - Law School
Downloads 329 (196,082)
Citation 2

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43.

Revitalizing Dormant Commerce Clause Review for Interstate Coordination

Minnesota Law Review, Vol. 100, No. 1 , 2015, Minnesota Legal Studies Research Paper No. 15-07, Vanderbilt Public Law Research Paper No. 15-14
Number of pages: 89 Posted: 02 Mar 2015 Last Revised: 08 Dec 2015
Alexandra B. Klass and Jim Rossi
University of Michigan Law School and Vanderbilt University - Law School
Downloads 326 (198,087)
Citation 2

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Federalism, Dormant Commerce Clause, Energy Markets, Energy Law, Renewable Energy, Electricity Transmission, Oil Pipelines, Eminent Domain, Public Utilities

44.

Beyond Goldwasser: Ex Post Judicial Enforcement in Deregulated Markets

Michigan State Law Review, Vol. 4, No. 1, 2005, FSU College of Law, Public Law Research Paper No. 78
Number of pages: 10 Posted: 05 May 2003
Jim Rossi
Vanderbilt University - Law School
Downloads 322 (200,703)
Citation 1

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45.

Constitutional Isolationism and the Limits of State Separation of Powers as a Barrier to Interstate Compacts

Marquette Law Review, Symposium Issue, 2007, FSU College of Law, Public Law Research Paper No. 229, Vanderbilt Public Law Research Paper No. 06-23, Vanderbilt Law and Economics Research Paper No. 06-25, FSU College of Law, Law and Economics Paper No. 07-006
Number of pages: 25 Posted: 01 Dec 2006
Jim Rossi
Vanderbilt University - Law School
Downloads 314 (206,174)

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State constitutions, separation of powers, federalism, preemption, Indian gaming

46.

'Statutory Nondelegation': Another Misguided Idea in Administrative Procedure Reform

Widener Journal of Public Law, Vol. 8, pp. 301-45, 1999, FSU College of Law, Public Law Research Paper No. 99-2
Number of pages: 46 Posted: 08 Apr 1999
Jim Rossi
Vanderbilt University - Law School
Downloads 310 (209,112)

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47.

The Social Cost of Electricity: Scenarios and Policy Implications

Climate Law, Forthcoming, THE SOCIAL COST OF ELECTRICITY: SCENARIOS AND POLICY IMPLICATIONS, Anil Markandya, Andrea Bigano, Roberto Porchia, eds., p. 308, Edward Elgar, 2010, FSU College of Law, Public Law Research Paper No. 532 , FSU College of Law, Law, Business & Economics Paper No. 11-15
Number of pages: 6 Posted: 28 Aug 2011 Last Revised: 18 Sep 2011
Jim Rossi
Vanderbilt University - Law School
Downloads 295 (220,400)

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Energy, climate change, externalities, costs, renewable energy

48.

Hamstringing State Agency Authority to Promulgate Rules: A Questionable Way to Improve Environmental Regulation

Florida State University College of Law Working Paper No. 99-04
Number of pages: 36 Posted: 16 Dec 1999
Jim Rossi
Vanderbilt University - Law School
Downloads 291 (223,679)

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49.

Reconstituting the Federalism Battle in Energy Transportation

41 Harv. Envtl. L. Rev. 423 (2017), University of Minnesota Law School, Legal Studies Research Paper Series, No. 16-27, Vanderbilt Law Research Paper No. 17-09
Number of pages: 71 Posted: 10 Sep 2016 Last Revised: 23 Mar 2025
Alexandra B. Klass and Jim Rossi
University of Michigan Law School and Vanderbilt University - Law School
Downloads 288 (226,051)
Citation 3

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Constitution Pipeline, Plains and Eastern Clean Line, Clean Line Energy Partners, renewable energy, federalism, Clean Water Act, Coastal Zone Management Act, Clean Water Act Certification, electric tranasmission lines, eminent domain, natural gas, electricity

50.

Federalism and the Net Metering Alternative

The Electricity Journal, Volume 29, pp. 13–18, 2016
Number of pages: 6 Posted: 26 May 2016
Jim Rossi
Vanderbilt University - Law School
Downloads 273 (238,941)
Citation 1

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Federalism, Energy Law, Energy Markets, Renewable Energy, Solar Power, Net Metering

51.

Amicus Curiae Brief of Interested Energy Law Scholars in Support of the Petitioners (FERC v. Electric Power Supply Association, U.S. Supreme Court)

Vanderbilt Public Law Research Paper No. 15-32
Number of pages: 29 Posted: 18 Jul 2015 Last Revised: 24 Nov 2015
Richard J. Pierce, Joel B. Eisen, Emily Hammond and Jim Rossi
George Washington University Law School, University of Richmond - School of Law, George Washington University - Law School and Vanderbilt University - Law School
Downloads 265 (247,178)

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energy, energy law, Federal Power Act, Supreme Court, amicus curiae, just and reasonable, statute, statutory, jurisdiction, FERC, Federal Energy Regulatory Commission, EPSA, Electric Power Supply Association, demand response, wholesale markets, electricity, practices

52.

Representative Rulemaking

Iowa Law Review, Vol. 109, 2023
Number of pages: 50 Posted: 24 Apr 2023 Last Revised: 12 Dec 2023
Jim Rossi and Kevin M. Stack
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 263 (248,151)
Citation 2

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Administrative Law, Agency Rulemaking, Public Participation, Democracy

53.

Assessing the State of State Constitutionalism

Michigan Law Review, Vol. 109, 2011, FSU College of Law, Public Law Research Paper No. 487, FSU College of Law, Law, Business & Economics Paper No. 11-3
Number of pages: 18 Posted: 06 Mar 2011 Last Revised: 14 Mar 2011
Jim Rossi
Vanderbilt University - Law School
Downloads 253 (258,127)

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State Constitutions, Federalism, Constitutional Law, Constitutional Interpretation

54.

Clean Energy and the Price Preemption Ceiling

3 San Diego Journal of Energy & Climate Law 243 (2011-12), FSU College of Law, Public Law Research Paper No. 508, FSU College of Law, Law, Business & Economics Paper No. 11-11
Number of pages: 25 Posted: 31 Jul 2011 Last Revised: 12 Jan 2016
Jim Rossi
Vanderbilt University - Law School
Downloads 250 (261,191)

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55.

Federal Preemption and Clean Energy Floors

91 North Carolina Law Review 1285-1358 (2013), Vanderbilt Public Law Research Paper No. 12-38
Number of pages: 74 Posted: 16 Sep 2012 Last Revised: 10 Jan 2016
Jim Rossi and Thomas G. Hutton
Vanderbilt University - Law School and Van Ness Feldman, LLP
Downloads 247 (264,363)

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Renewable energy, clean energy, federalism, electric power, transmission, energy law

56.

Supply and Demand: Barriers to a New Energy Future

65 Vanderbilt Law Review 1447 (2012), Vanderbilt Public Law Research Paper No. 12-44, Vanderbilt Law and Economics Research Paper No. 12-37
Number of pages: 10 Posted: 28 Nov 2012 Last Revised: 13 Jan 2016
Michael P. Vandenbergh, J. B. Ruhl and Jim Rossi
Vanderbilt University - Law School, Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 246 (265,423)

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Energy law, environmental law, climate change

57.

Stranded Costs and Grid Decarbonization

Brooklyn Law Review, Forthcoming, GWU Law School Public Law Research Paper No. 2016-45, GWU Legal Studies Research Paper No. 2016-45, Vanderbilt Law Research Paper No. 17-08
Number of pages: 48 Posted: 15 Sep 2016 Last Revised: 02 Nov 2017
Emily Hammond and Jim Rossi
George Washington University - Law School and Vanderbilt University - Law School
Downloads 233 (279,859)

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stranded costs, coal, nuclear, decarbonization, climate change, electricity, natural gas

58.

Of Dialogue - and Democracy - in Administrative Law

Columbia Law Review Sidebar, 2012, FSU College of Law, Public Law Research Paper No. 575, Vanderbilt Public Law Research Paper No. 12-21
Number of pages: 12 Posted: 06 Feb 2012 Last Revised: 12 Jan 2016
Jim Rossi
Vanderbilt University - Law School
Downloads 230 (283,440)

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59.

Carbon Taxation by Regulation

Minnesota Law Review, Vol. 102 (2018 Forthcoming), Vanderbilt Law Research Paper No. 17-31
Number of pages: 62 Posted: 21 Mar 2017 Last Revised: 07 Jun 2017
Jim Rossi
Vanderbilt University - Law School
Downloads 228 (287,065)

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Carbon Tax, Energy Law

60.

Good for You, Bad for Us: The Financial Disincentive for Net Demand Reduction

Vanderbilt Law Review, Vol. 65, No. 6, 2012, Vanderbilt Public Law Research Paper No. 12-43, Vanderbilt Law and Economics Research Paper No. 12-36
Number of pages: 40 Posted: 02 Nov 2012 Last Revised: 01 Dec 2012
Michael P. Vandenbergh and Jim Rossi
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 222 (293,218)

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Energy, electric power, climate change, efficiency, conservation, consumer behavior, demand-side management

61.

Final, But Often Fallible: Recognizing Problems with Alj Finality

Administrative Law Review, Vol. 56, pp. 53-76, 2004, FSU College of Law, Public Law Research Paper No. 117
Number of pages: 25 Posted: 30 Jul 2004
Jim Rossi
Vanderbilt University - Law School
Downloads 220 (295,812)

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Judicial Review, administrative law, central panels, state administrative procedure

62.

When Do State Transmission Siting Laws Violate the Constitution?

Electricity Journal, vol 28, issue 7, pp. 6-18 (2015), Minnesota Legal Studies Research Paper No. 15-44, Vanderbilt Public Law Research Paper No. 16-1
Number of pages: 14 Posted: 19 Dec 2015 Last Revised: 27 Jan 2016
Alexandra B. Klass and Jim Rossi
University of Michigan Law School and Vanderbilt University - Law School
Downloads 219 (297,107)

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Dormant Commerce Clause, Energy Law, Electric Power, Transmission, Infrastructure, Renewable Power

63.

The Shaky Political Economy Foundations of a National Renewable Electricity Requirement

University of Illinois Law Review, Vol. 2011, No. 2, 2011, FSU College of Law, Public Law Research Paper No. 491
Number of pages: 20 Posted: 27 Mar 2011
Jim Rossi
Vanderbilt University - Law School
Downloads 201 (322,117)

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Energy Law and Policy, Environmental Law, Renewable Energy, Federalism

64.

Judge Cudahy and the Deference Tension in U.S. Energy Law

Yale Journal on Regulation, Vol. 29, p. 371, 2012, FSU College of Law, Public Law Research Paper No. 551, FSU College of Law, Law, Business & Economics Paper No. 12-4, Vanderbilt Public Law Research Paper No. 12-22
Number of pages: 15 Posted: 27 Aug 2011 Last Revised: 07 Nov 2014
Jim Rossi and Thomas G. Hutton
Vanderbilt University - Law School and Van Ness Feldman, LLP
Downloads 199 (325,101)

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Energy, electric power, federalism, judicial deference, subnational innovation, renewable energy, electric power transmission

65.

Adapting Private Law for Climate Change Adaptation

Vanderbilt Law Review, Forthcoming
Number of pages: 70 Posted: 18 Oct 2022 Last Revised: 21 Oct 2022
Jim Rossi and J. B. Ruhl
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 189 (341,003)

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Private law, climate change adaptation, contracts, torts, property, nonstationarity

66.

Improving Coordination of Related Agency Responsibilities

Vanderbilt Public Law Research Paper No. 13-8, Harvard Public Law Working Paper No. 13-12
Number of pages: 72 Posted: 13 Jan 2013 Last Revised: 10 Jul 2016
Jody Freeman and Jim Rossi
Harvard Law School and Vanderbilt University - Law School
Downloads 182 (353,012)

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administrative law, joint rulemaking, agency coordination

67.

Revisiting the Public Utility - Foreword

Yale Journal on Regulation, Vol. 35, 2018, Vanderbilt Law Research Paper No. 18-48
Number of pages: 10 Posted: 25 Jul 2018 Last Revised: 18 Oct 2018
Jim Rossi and Morgan Ricks
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 169 (376,884)

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Public Utility, Monopolies, Economic Regulation, Price Regulation, Innovation, Universal Service, Net Neutrality

68.

Dynamic Incorporation of Federal Law

Ohio State Law Journal, Vol. 77, 2016, Vanderbilt Public Law Research Paper No. 16-2
Number of pages: 49 Posted: 20 Dec 2015 Last Revised: 05 Jul 2016
Jim Rossi
Vanderbilt University - Law School
Downloads 167 (380,763)

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Separation of Powers, Federalism, Administrative Law, State Constitutions, Judicial Review

69.

The Gap-Filling Role of Private Environmental Governance

Virginia Environmental Law Journal, Vol. 38, No. 1, 2019, Vanderbilt Law Research Paper No. 20-26
Number of pages: 58 Posted: 28 May 2020 Last Revised: 12 Jun 2020
Michael P. Vandenbergh, Jim Rossi and Ian Faucher
Vanderbilt University - Law School, Vanderbilt University - Law School and Vanderbilt University
Downloads 151 (414,856)

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private governance, environmental law, regulation, local governments, non-state actors, climate change, energy, greenhouse gases, regulatory targets

70.

FERC v. EPSA and Adjacent State Regulation of Customer Energy Resources

40 Harvard Environmental Law Review Forum 23 (2016)
Number of pages: 9 Posted: 25 Apr 2016
Jim Rossi and Jon Wellinghoff
Vanderbilt University - Law School and Stoel Rives LLP
Downloads 146 (426,179)
Citation 2

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energy regulation, federalism, renewable energy, clean energy, energy markets

71.

Climate Resilience and Private Law's Duty to Adapt

North Carolina Law Review, Vol. 100, 2022 (Forthcoming), Vanderbilt Law Research Paper No. 22-11
Number of pages: 76 Posted: 27 Aug 2021 Last Revised: 23 May 2022
Jim Rossi and Michael Panfil
Vanderbilt University - Law School and Environmental Defense Fund
Downloads 141 (438,310)
Citation 1

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Climate Change, Climate Adaptation, Energy Resilience, Energy Law, Tort Law

72.

Energy Exactions

Cornell Law Review, Vol. 104, pp. 643-715 (2019), Vanderbilt Law Research Paper, 18-22
Number of pages: 72 Posted: 12 Feb 2018 Last Revised: 05 Jun 2020
Jim Rossi and Christopher Serkin
Vanderbilt University - Law School and Vanderbilt Law School
Downloads 140 (440,846)
Citation 1

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Land Use Law, Energy Law, Local Government, Takings, Unconstitutional Conditions

73.

Electricity Background and Trends

Chapter 13, in Global Climate Change and U.S. Law (Michael Gerrard & Jody Freeman, eds.) (2nd edition, ABA Press 2014), Vanderbilt Public Law Research Paper No. 15-30
Number of pages: 51 Posted: 30 Jun 2015 Last Revised: 24 Nov 2015
Jim Rossi and Thomas G. Hutton
Vanderbilt University - Law School and Van Ness Feldman, LLP
Downloads 123 (488,701)

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Energy regulation, electric power, federalism

74.

Electric Power Resource 'Shuffling' and Subnational Carbon Regulation: Looking Upstream for a Solution

5 San Diego Journal of Climate & Energy Law 43 (2014), Vanderbilt Law and Economics Research Paper No. 14-14
Number of pages: 28 Posted: 19 Feb 2014 Last Revised: 12 Jan 2016
Jim Rossi and Andrew James Dearing Smith
Vanderbilt University - Law School and Vanderbilt University - Law School
Downloads 111 (528,369)

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75.

'Mal-Adaptive' Federalism: Addressing the Structural Barriers to Interstate Coordination of Sustainability Initiatives

64 Case Western Reserve Law Review 1759 (2014), Vanderbilt Law and Economics Research Paper No. 14-15
Number of pages: 32 Posted: 19 Feb 2014 Last Revised: 10 Sep 2023
Jim Rossi
Vanderbilt University - Law School
Downloads 110 (531,866)

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Federalism; Energy Law; Renewable Energy; Climate Change; Sustainability

76.

Making Policy Through the Waiver of Regulations at the Federal Energy Regulatory Commission

Administrative Law Review, Vol. 47, No. 255, 1995
Number of pages: 44 Posted: 15 Sep 2015
Jim Rossi
Vanderbilt University - Law School
Downloads 109 (535,389)

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Administrative law, waivers and variances, flexibility

77.

An Empirical Examination of the Iowa Bar's Approach to Regulating Lawyer Advertising

Iowa Law Review, Vol. 77, No. 179, 1991
Number of pages: 91 Posted: 15 Sep 2015
Jim Rossi and Mollie Weighner Marti
Vanderbilt University - Law School and National Resilience Institute
Downloads 108 (539,118)

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lawyer advertising, regulation, consumer welfare

78.

Promoting Cost-Effective Grid Modernization

Regulation, Vol. 45, No. 4, 2022, Vanderbilt Law Research Paper No. 22-34
Number of pages: 13 Posted: 21 Oct 2022 Last Revised: 14 Mar 2023
Jim Rossi
Vanderbilt University - Law School
Downloads 107 (542,839)

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Transmission planning, competitive power markets, regional power markets, energy federalism, infrastructure planning, dormant Commerce Clause

79.

Electricity Charges, Mandates and Subsidies

Chapter 23, in Legal Transitions to Deep Decarbonization in the United States (Environmental Law Institute 2019), edited by John Dernbach & Michael Gerrard, Vanderbilt Law Research Paper No. 19-34
Number of pages: 22 Posted: 20 Jul 2019 Last Revised: 17 Nov 2019
Jim Rossi
Vanderbilt University - Law School
Downloads 107 (542,839)

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80.

Does the Solicitor General Advantage Thwart the Rule of Law in the Administrative State?

Florida State University Law Review, Vol. 28, 2000
Number of pages: 11 Posted: 22 Dec 2008
Jim Rossi
Vanderbilt University - Law School
Downloads 105 (550,462)

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Supreme Court, Judicial Review, Administrative Law, Constitutional Law

81.

Energy Federalism's Aim

Harvard Law Review, Vol. 134, p. 228, 2021 (Harvard Law Review Forum), Vanderbilt Law Research Paper No. 21-46
Number of pages: 23 Posted: 11 Aug 2021 Last Revised: 14 Jan 2022
Jim Rossi
Vanderbilt University - Law School
Downloads 103 (558,338)

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Federalism, Energy Law, Clean Energy, Climate Change

82.

Constrained Regulatory Exit in Energy Law

67 Duke Law Journal, 1687-1728 (2018) (Forty-Eighth Annual Administrative Law Symposium: Exit and the Administrative State), FSU College of Law, Public Law Research Paper No. 885, FSU College of Law, Law, Business & Economics Paper No. 18-4, Vanderbilt Law Research Paper No. 18-46
Number of pages: 43 Posted: 20 Jun 2018 Last Revised: 18 Oct 2018
Jim Rossi and Hannah Jacobs Wiseman
Vanderbilt University - Law School and The Pennsylvania State University (University Park) – Penn State Law
Downloads 100 (570,233)
Citation 1

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Energy Law, Federalism, Federal Power Act, Preemption, Energy Markets, Renewable Power, Climate Change

83.

Amicus Brief of the Electricity Regulation Scholars in Village of Old Mill Creek v. Star (7th Cir. 2018)

Vanderbilt Law Research Paper, 18-20
Number of pages: 38 Posted: 12 Jan 2018 Last Revised: 11 Mar 2018
Ari Peskoe and Jim Rossi
Harvard Electricity Law Initiative and Vanderbilt University - Law School
Downloads 88 (618,536)

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Federalism, Energy Law, Environmental Law, Nuclear, Clean Energy, Federal Energy Regulatory Commission, Public Utilities