Bradley C. Karkkainen

346 Mondale Hall
229–19th Ave. South
Minneapolis, MN 55455

612-624-5294

bradk@umn.edu

University of Michigan, B.A.
Yale Law School, J.D.

Professor Bradley C. Karkkainen is a nationally recognized authority in the fields of environmental and natural resources law. After visiting at the University of Minnesota in the fall of 2003, Professor Karkkainen joined the University of Minnesota faculty in January 2004 at the rank of Professor. He held the Julius E. Davis Chair in Law in 2004.

Professor Karkkainen teaches courses in environmental law, international environmental law, natural resources law, water law, land use, property, administrative law, and regulatory theory. He is the author of numerous monographs, book chapters, and articles in leading legal and social science journals. His research centers on innovative strategies for environmental regulation and natural resources management, with an emphasis on mechanisms that promote continuous adaptive learning, flexibility, transparency, and policy integration.

Prior to joining the University of Minnesota faculty, Professor Karkkainen held a visiting appointment at the University of California-Berkeley (Boalt Hall) in 2002-03, and was Associate Professor at Columbia Law School in New York City from 1995 to 2003. He has also taught courses for European lawyers at Columbia Law School's Columbia-Amsterdam Program in the Netherlands, and for conservation biology graduate students at Columbia University's Center for Environmental Research and Conservation (CERC). Professor Karkkainen holds a B.A. in philosophy (1974) from the University of Michigan, and a J.D. (1994) from the Yale Law School, where he taught legal research and writing as a teaching assistant in 1993-94 and served as an editor of both the Yale Law Journal and the Yale Journal of International Law.

In 1994-95, Professor Karkkainen clerked for the Hon. Patricia M. Wald on the U.S. Court of Appeals, D.C. Circuit. Professor Karkkainen is a principal investigator in the Project on Public Problem-Solving (POPPS), an interdisciplinary collaborative research effort at Columbia, Harvard, the University of California-Berkeley, and the University of Minnesota that is investigating innovative regulatory designs and mechanisms for public service delivery across a variety of policy domains. In the summers of 2002 and 2004, Professor Karkkainen held an appointment as Guest Investigator at the Woods Hole Oceanographic Institution (WHOI) Marine Policy Center in Woods Hole, Massachusetts, a leading center for marine science and policy studies.

PUBLICATIONS

"Plain Meaning": Justice Scalia's Jurisprudence of Strict Statutory Construction, 17 Harv. J. L. & Pub. Pol'y 401 (1994), reprinted in 3 Sutherland Statutes and Statutory Construction (Norman J. Singer ed., 6th ed., 2000, and 7th ed., 2004)

Zoning: A Reply to the Critics, 10 J. Land Use & Envt'l L. 45 (1994), reprinted in 27 Land Use & Envt. L. Rev. (1996), also reprinted in A Land Use Anthology (John W. Bruce ed. 1998)

Conceptions of Fiscal Federalism: Dual and Shared Sovereignty, 2 Colum. J. Eur. L. 565 (1996); reprinted in Harmonization of Legislation in Federal Systems (Ingold Pernice & George A. Bermann, eds., 1996)

Biodiversity and Land, 83 Cornell L. Rev. 1 (1997)

The Risk of Risk Assessment, EarthMatters (Winter 1998-99)

Beyond Backyard Environmentalism: How Communities Are Quietly Refashioning Environmental Regulation (with Charles Sabel & Archon Fung), Boston Review, Oct.-Nov. 1999.

Beyond Backyard Environmentalism (with Charles Sabel & Archon Fung), in Beyond Backyard Environmentalism (Joshua Cohen & Joel Rogers eds., 2000)

After Backyard Environmentalism: Toward a Performance-Based Regime of Environmental Regulation (with Archon Fung & Charles F. Sabel), 44 Am. Behavioral Scientist 692 (2000)

Information as Environmental Regulation: TRI and Performance Benchmarking, Precursor to a New Paradigm?, 89 Georgetown L.J. 257 (2001); reprinted in 32 Land Use & Envt. L. Rev. (2002); also reprinted in Environmental Law (The International Library of Essays in Law and Legal Theory 2d Series, Peter S. Menell ed., 2002).

Collaborative Ecosystem Governance: Scale, Complexity and Dynamism, 21 Va. Envtl. L. J. 189 (2002)

Environmental Lawyering in the Age of Collaboration, 2002 Wisc. L. Rev. 555 (2002)

Toward a Smarter NEPA: Monitoring and Managing Government's Environmental Performance, 102 Columbia L. Rev. 903 (2002); reprinted in 33 Land Use & Envt. L. Rev. (2003)

Post-Sovereign Environmental Governance: The Collaborative Problem-Solving Model, Proceedings of the 2001 Berlin Conference on Human Dimensions of Global Environmental Change, "Global Environmental Change and the Nation State," PIK Report No. 80, Potsdam Institute for Climate Change Research 206 (Frank Biermann et al. eds., 2002)

Book Review, Eyal Benvenisti, Sharing Transboundary Resources (2002), 18 Conn. J. Intl. L. 389 (2002)

Toward Ecologically Sustainable Democracy?, in Deepening Democracy: Institutional Innovations in Empowered Participatory Governance 208 (Archon Fung & Erik Olin Wright eds., 2003)

Adaptive Management and Regulatory Penalty Defaults: Toward a Bounded Pragmatism, 87 Minn. L. Rev. 943 (2003)

Adaptive Management and Regulatory Penalty Defaults, in Jurisdynamic Environmental Protection: Change and the Pragmatic Voice in Environmental Law (Jim Chen ed., 2003)

Hazardous Comparisons, Book Review of Kate O'Neill, Waste Trading Among Rich Nations: Building a New Theory of Environmental Regulation (2000), 2 Yearbook of European Environmental Law (2004)

Post-Sovereign Environmental Governance, 4 Global Envtl. Politics 72 (2004)

Transboundary Ecosystem Governance: Beyond Sovereignty?, in Public Participation and Governance in International Watershed Management (Carl Bruch et al. eds., 2004)

Whither NEPA?, 12 N.Y.U. Envtl. L.J. (2004)