Author ORCID Identifier
Environmental regulatory tools, Framing effects, Pollution reduction, Market-based regimes, Command-and-control regimes, Information-based regimes, Right to pollute, Commodification
This Article proceeds as follows. First, in Part I, I describe the contributions of behavioral law and economics literature, and then focus on the notion of framing effects. In Part II, I provide an overview of the regulatory tools generally available to environmental regulators. In Part III, I elucidate the "right to pollute" and "commodification" critiques as applied to environmental regulation. In Part IV, I analyze the economically proper scope of the "right to pollute" and "commodification" critiques with respect to environmental regulatory instruments. In Part V, I first describe the differing frames of various environmental regulatory tools. I then describe how those differing frames give rise to framing effects that are likely to affect public perception of and reaction to different regulatory tools. In Part VI, I assess the prospect for refraining as a means to defuse objections to the introduction of market-based regulation. I conclude by outlining broad lessons that might be taken, as well as possible avenues for future research.
Notre Dame Law Review
Jonathan Remy Nash, Framing Effects and Regulatory Choice, 82 NOTRE DAME L. REV. 313 (2006).
© 2006 Jonathan Remy Nash.