Jonathan Nash

Professor of Law

Curriculum Vitae



Areas of Expertise
Environmental Law, Property Law, Civil Procedure, Courts and Judges


Jonathan Nash specializes in environmental law, property law, civil procedure and the study of courts and judges. Before coming to Emory Law, Professor Nash served as the Robert C. Cudd Professor of Environmental Law at Tulane University. He teaches courses in environmental law, international environmental law, property, land use, civil procedure, and law and economics. Most recently, Professor Nash was a visiting professor at University of Chicago Law School, and he has served as a visiting professor at Hofstra University School of Law and a visiting scholar at Columbia Law School. Professor Nash is a prolific scholar, publishing in many top-ranked law journals.

Prior to teaching, Professor Nash was a law clerk to the Honorable Donald Stuart Russell of the U.S. Court of Appeals for the Fourth Circuit and to the Honorable Nina Gershon, then-Chief Magistrate Judge of the U.S. District Court for the Southern District of New York. Professor Nash also worked as an attorney in New York. Professor Nash received his LLM from Harvard Law School; his JD from New York University School of Law, graduating magna cum laude; and his bachelor’s degree in mathematics summa cum laude from Columbia University in New York.

Education: BA, 1988, Columbia College; JD, 1992, New York University School of Law; LLM, 1999, Harvard Law School.


Jonathan Nash

Academic Publications

Standing’s Expected Value, Mich. L. Rev. (forthcoming 2013)

On the Efficient Deployment of Rules and Standards to Define Federal Jurisdiction, 65 Vand. L. Rev. 509 (2012)

The Supreme Court and the Regulation of Risk in Criminal Law, 92 B.U. L. Rev. 171 (2012)

Does Ideology Matter in Bankruptcy? Voting Behavior on the Courts of Appeals, 53 Wm. & Mary L. Rev. 919 (2012) (with Rafael I. Pardo)

Prosecuting Federal Crimes in State Courts, 97 Va. L. Rev. 243 (2011) (with Michael G. Collins)

The Institutional Dynamics of Transition Relief, 85 N.Y.U. L. Rev. 391 (2010) (with Jonathan S. Masur)

Null Preemption, 85 Notre Dame L. Rev. 1015 (2010)

Property Frames, 87 Wash. U. L. Rev. 449 (2010) (with Stephanie M. Stern)

The Curious Legal Landscape of the Extraterritoriality of U.S. Environmental Laws, 50 Va. J. Int’l L. 997 (2010) (essay)

Allocation and Uncertainty: Strategic Responses to Environmental Grandfathering, 36 Ecology L.Q. 809 (2009)

The Majority That Wasn’t: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements, 58 Emory L.J. 831 (2009)

Packaging Property: The Effect of Paradigmatic Framing of Property Rights, 83 Tul. L. Rev. 691 (2009) (symposium contribution)

Judicial Election versus Judicial Appointment: Evaluating the Potential for a Race to the Bottom, 64 N.Y.U. Ann. Surv. Am. L. 617 (2009) (symposium contribution)

Identitarian Anxieties and the Nature of Inter-Tribunal Deliberations, 9 Chi. J. Int’l L. 613 (2009) (with Adeno Addis) (symposium contribution)

Precautionary Standing, 34 Admin. & Reg. News 10 (2009)

The Uneasy Case for Transjurisdictional Adjudication, 94 Va. L. Rev. 1869 (2008)

An Empirical Investigation into Appellate Structure and the Perceived Quality of Appellate Review, 61 Vand. L. Rev. 1745 (2008) (with Rafael I. Pardo)

Standing and the Precautionary Principle, 108 Colum. L. Rev. 494 (2008) (essay)

Economic Efficiency versus Public Choice: The Case of Property Rights in Road Traffic Management, 49 B.C. L. Rev. 673 (2008)

Beyond Kyoto: The Treatment of Outliers, 15 U.C. Davis J. Int’l L. & Pol’y 31 (2008) (symposium contribution)

Grandfathering and Environmental Regulation: The Law and Economics of New Source Review, 101 Nw. U. L. Rev. 1677 (2007) (with Richard L. Revesz)

Trading Species: A New Direction for Habitat Trading Programs, 32 Colum. J. Envtl. L. 1 (2007) (reprinted in 38 Envtl. L. Rep. News & Analysis 10,539 (2008), as one of the best articles on legal and policy solutions to pressing environmental problems)

Prejudging Judges, 106 Colum. L. Rev. 2168 (2006) (essay)

The Illusion of Devolution in Environmental Law, 38 Urb. Law. 1003 (2006) (essay)

Framing Effects and Regulatory Choice, 82 Notre Dame L. Rev. 313 (2006)

Resuscitating Deference to Lower Federal Court Judges’ Interpretations of State Law, 77 S. Cal. L. Rev. 975 (2004)

A Context-Sensitive Voting Protocol Paradigm for Multimember Courts, 56 Stan. L. Rev. 75 (2003)

Examining the Power of Federal Courts to Certify Questions of State Law, 88 Cornell L. Rev. 1672 (2003)

Environmental Superliens and the Problem of Mortgage-Backed Securitization, 59 Wash. & Lee L. Rev. 127 (2002)

Markets and Geography: Designing Marketable Permit Schemes to Control Local and Regional Pollutants, 28 Ecology L.Q. 569 (2001) (with Richard L. Revesz)

Too Much Market? Conflict Between Tradable Pollution Allowances and the “Polluter Pays” Principle, 24 Harv. Envtl. L. Rev. 465 (2000)

Pendent Party Jurisdiction Under the Foreign Sovereign Immunities Act, 16 B.U. Int’l L.J. 71 (1998)

Book Chapters

Legal Defeasibility in Context and the Emergence of Substantial Indefeasibility, in Essays on Legal Defeasibility (Jordi Ferrer & Giovanni B. Ratti eds., forthcoming Oxford U. Press 2013)

Mark to Ecosystem Service Market: Repricing Conservation Easements to Protect Ecosystems, in Rebuilding the Ark: New Perspectives on ESA Reform (Jonathan H. Adler ed., AEI Press 2011)

Public Choice over Efficiency: The Case of Road Traffic Management, in 6 Critical Issues in Environmental Taxation 307 (Jacqueline Cottrell et al. eds., Oxford U. Press 2009)

Taxes and the Success of Non-Tax Market-Based Environmental Regulatory Regimes, in 5 Critical Issues in Environmental Taxation 735 (Nathalie J. Chalifour et al. eds., Oxford U. Press 2008)

The Design of Marketable Permit Schemes to Control Local and Regional Pollutants, in An Introduction to the Law and Economics of Environmental Policy: Issues in Institutional Design 331 (Timothy Swanson ed., Elsevier Science 2002) (with Richard L. Revesz)

Book Reviews

Book Review of Saul Brenner & Joseph M. Whitmeyer, Strategy on the United States Supreme Court (2009), Political Science Quarterly, vol. 125, no. 1, Spring 2010, at 141

Book Review of Nancy Scherer, Scoring Points: Politicians, Activists, and the Lower Federal Courts Appointment Process (2005), Perspectives on Politics, vol. 4, no. 2, June 2006, at 397

Environmental Law and Policy: The Essentials (Aspen Publishers 2010)

Edited Book

Proceedings of the Fifty-Eighth annual NYU Conference on Labor Law—Workplace Privacy: Here and Abroad (Kluwer 2010)


Jonathan Nash

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