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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.

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Notre Dame Law Review


© 2006 Jonathan Remy Nash.

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