In addition to my existing publications, I have several ongoing research projects.
Semi-Radical Environmentalism
“Semi-Radical Environmentalism” is a concept I have developed to explain the use of law (and legal logic) by social movements to radically critique the existing legal and political order. The concept emerged from my empirical qualitative study of the rights of Nature movement, where I discovered that the movement has a paradoxical relationship with law: while it sharply critiques the existing legal system, it uses the symbols, logic, and even institutions of law to marshal that critique. I plan to develop this concept through the study of other environmental social movements, both in the United States and abroad.
Indeterminacy and Uncertainty in Constitutional Climate Adjudication
My current research explores how courts have interpreted and applied constitutional obligations in the context of the Climate Crisis. I query the notion that a single, depoliticized “climate constitutionalism” is possible, given the deep conflicts and specificities involved in addressing the Crisis. My research aims to explore a vision for constitutional law that is both more modest and more radical in the face of these challenges.
Climate Change, Public Nuisance and Tort Theory
I am deeply interested in the many ongoing tort cases brought against major corporate emitters of climate change. Specifically, I am interested in how such suits can be accommodated within the existing body of tort theory. I argue that such suits should be appropriately conceived of as “relational wrongs”, fitting within traditional conceptions of tort law.
Contesting the Distributional Consequences of Climate Change through Litigation
In existing work, my co-author and I have explored the complex relationship between climate rights (as asserted in litigation) and climate justice. We have that climate litigation could produce distributional injustices in implementation. In future work, I plan to test this hypothesis through empirical work, and advance more distributively-just approaches to litigation.
Sam Bookman 