Search Faculty Publications

MICHAEL BARSA

2024

Articles

• The Major Questions Doctrine’s Upside for Combatting Climate Change, 32 New York University Environmental Law Journal 1 (2024) (Co-authored by: David Dana).

Accepted Articles

• Seeing International Agriculture Through a Climate Change “Lens”: Enhancing Food Security in a Climate Changing World, ___ Indiana Journal of Global Legal Studies ___ (forthcoming 2024).

• No Place for Morality: The Emerging Threat to Interstate Commerce and the Extraterritoriality Principle, ___ Creighton Law Review ___ (forthcoming 2024) (Co-authored by: Jessica Kittelberger).

2023

Articles

• Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech, 53 Environmental Law Reporter 10934 (2023) (Co-authored by: Michael M. Choi).

Working Papers

• Can We Talk About Climate Change?: The SEC’s Climate Disclosure Rule and Compelled Commercial Speech, ___ Environmental Law Reporter ___ (forthcoming 2023) (Co-authored by: Michael Minsuk Choi).

2022

Articles

• State Citizen Suits, Standing, and the Underutilization of State Environmental Law, 52 Environmental Law Reporter 10473 (2022) (Co-authored by: Palden Flynn).

2021

Articles

• Regulating During Emergencies, 116 Northwestern University Law Review Online 223 (2021) (Co-authored by: David Dana).

• It’s Time to Treat Voting Rights Like Climate Change, Slate (June 12, 2021) (Co-authored by: David Dana).

• Presidential Administration, the Appearance of Corruption, and the Rule of Law: Can Courts Rein In Unlawful Executive Orders?, 104 Marquette Law Review 285 (2020) (Co-authored by: Emily Morgan).

2020

Op-Eds/Blog Posts/Popular Press

• COVID Is a Public Nuisance. Let’s Treat It as Such., Crain’s Chicago Business (Nov. 5, 2020) (Co-authored by: David Dana).

2018

Articles

• Judicial Review in an Age of Hyper-polarization and Alternative Facts, 9 San Diego Journal of Climate & Energy Law 23 (2018) (Co-authored by: David A. Dana).

• Rethinking the Dormant Commerce Clause?: Climate Change and Food Security, 13 Northwestern Journal of Law & Social Policy 40 (2018).

2017

Op-Eds/Blog Posts/Popular Press

• Trump and Big Auto Hitting Self-Destruct Button, Chicago Sun-times (Apr. 4, 2017) (Co-authored by: David Dana).

2016

Articles

• 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 and Energy Law (forthcoming 2016) (Co-authored by: David Dana).

2014

Articles

• A Climate Change Lens on the Dormant Commerce Clause, Lifecycle GHGTaxes, and In-State RPS Requirements, 5 San Diego Journal of Climate & Energy Law 69-92 (2014) (Co-authored by: David Dana).

2013

Working Papers

• A Climate Change Lens On the Dormant Commerce Clause (Co-authored by: David Dana).

2012

Articles

• Where the Extraction Frontier Meets the Safety Frontier: Deepwater Horizon, Safety Cases, and NEPA-as-Contract, 6 Environmental & Energy Law & Policy Journal 199-215 (2011) (Co-authored by: David A. Dana).

2011

Books

• Reconceptualizing Nepa to Prevent the Next Preventable Disaster (forthcoming) (Co-authored by: David A. Dana).

Articles

• Reconceptualizing NEPA to Avoid the Next Preventable Disaster, 38 Boston College Environmental Affairs Law Review 219-245 (2011) (Co-authored by: David A. Dana).