Daniel H. Cole

Daniel H. Cole

Professor of Law and of Public and Environmental Affairs; Harry T. Ice Faculty Fellow; Affiliated Faculty, Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis; Adjunct Professor, Department of Political Science

  • A.B., Occidental College 1980
  • A.M., University of Chicago 1981
  • J.D., Northwestern School of Law, Lewis & Clark College 1986
  • J.S.M., Stanford Law School 1991
  • J.S.D., Stanford Law School 1996
  • B506 Climate Law and Policy
  • Environmental Law
  • International Environmental Law
  • Land Use
  • Law and Economics
  • Natural Resource Law
  • Cum laude graduate of Northwestern Law School, Lewis and Clark College, with a certificate in environmental and natural resources law
  • Earned JSM and JSD degrees from Stanford Law School
  • Joined the Maurer School of Law faculty in 2011
  • Affiliated Faculty, Vincent and Elinor Ostrom Workshop in Political Theory and Policy Analysis
  • Scholarship focuses on intersection of law, economics, and politics of property, natural resources, and related fields.
  • Also an expert on Poland and Polish law
  • Member, executive committee, Russian and East European Institute
  • Co-prinicipal investigator, $1.2 million National Science Foundation grant

Daniel H. Cole, an internationally recognized environmental law and economics scholar, joined the Indiana Law faculty in 2011. Most of his writings are at the intersection of the law, economics, and politics of property, natural resources law, land use, and environmental protection. He has also written extensively about Poland and Polish law. Cole is the author of seven books and more than forty articles. His works have published in England, France, Italy, and China, as well as the United States.

An award-winning teacher, Cole has taught courses including climate law and policy, environmental law, international environmental law, land use, law and economics, natural resources law, property, and property theory.

Cole sits on the Advisory Board of the Institute for Policy Integrity at the New York University School of Law, and is a founding member of both the Midwest Law and Economics Association and the Society for Environmental Law and Economics. He is a Life Member of Clare Hall (College for Advanced Study), Cambridge, and has served as a Visiting Scholar in the Faculties of Law and Land Economy at the University of Cambridge. In the fall of 2001, Cole was the John S. Lehmann Distinguished Visiting Professor of Law at Washington University in St. Louis. Before moving to Bloomington, he was the R. Bruce Townsend Professor of Law at the Indiana University Robert H. McKinney School of Law.

Selected Works


  • PROPERTY IN LAND AND OTHER RESOURCES (co-edited with Elinor Ostrom) (Lincoln Institute, 2012)
  • NATURAL RESOURCES LAW (casebook, with Jan Laitos, Sandra Zellmer and Mary Wood) (West 2006)
  • PRINCIPLES OF LAW & ECONOMICS (co-authored with Peter Z. Grossman) (Prentice-Hall 2004) Second edition forthcoming (Kluwer/Aspen) 2011
  • THE END OF A NATURAL MONOPOLY: DEREGULATION AND COMPETITION IN THE ELECTRIC POWER INDUSTRY (co-edited with Peter Z. Grossman) (JAI Press 2003) (now published by Routledge)
  • POLLUTION AND PROPERTY: COMPARING OWNERSHIP INSTITUTIONS FOR ENVIRONMENTAL PROTECTION (Cambridge University Press, 2002); Chinese translation (Cambridge University Press and Peking University Press, 2010)
  • Introduction, in PROPERTY IN LAND AND OTHER RESOURCES 1-12 (D.H. Cole and E. Ostrom, eds., forthcoming 2012) (with Elinor Ostrom)

Selected Articles

  • The Variety of Property Systems and Rights in Natural Resources, in PROPERTY IN LAND AND OTHER RESOURCES 37-66 (D.H. Cole and E. Ostrom, eds., 2012) (with Elinor Ostrom)
  • Property Creation by Regulation: Rights to Clean Air and Rights to Pollute, in PROPERTY IN LAND AND OTHER RESOURCES 125-154 (D.H. Cole and E. Ostrom, eds., 2012)
  • Institutions Matter! Why the Herder Problem Is Not a Prisoners' Dilemma, 69 THEORY & DECISION 219-231 (2010) (with Peter Z. Grossman)
  • Protecting Private Property with Constitutional Judicial Review: A Social Welfare Approach, 5 REVIEW OF LAW AND ECONOMICS 233-250 (2009) (with Peter Z.Grossman)
  • Climate Change and Collective Action, 61 CURRENT LEGAL PROBLEMS 229-264 (2009)
  • The Stern Review and Its Critics: Implications for the Theory and Practice of Benefit-Cost Analysis, 48 NAT. RESOURCES J. 53- 90 (2008) (peer reviewed)
  • La complexité choix d'un régime de appropration en matière de protection environnementale, in ACTES DE LA CONFERENCE RESOURCES FONCIERS 75 -88 (Max Falque, Henri Lamotte, and Jean-François Saglio, eds., 2007)
  • Climate Change, Adaptation, and Development, 26 UCLA JOURNAL OF ENVIRONMENTAL LAW AND POLICY 1-19 (2007 Evan Frankel Program Symposium Issue: Coping with Global Warming)
  • 'Best Practice' Standards for Regulatory Benefit-Cost Analysis, 23 RESEARCH IN LAW AND ECONOMICS 1-47 (2007) Reprinted in Applied Benefit-Cost Analysis (Andrew Schmitz and Richard O. Zerbe, eds, 2008)
  • Kelo's Legacy, 37 ENVIRONMENTAL LAW REPORTER 10540-10546 (June 2007)
  • Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis, 15 SUPREME COURT ECONOMIC REVIEW 141-182 (2007) (peer reviewed)
  • Uncertainty, Insurance and the Learned Hand Formula, 5 LAW, PROBABILITY AND RISK 1-18 (2006) (with Peter Z. Grossman and Reed Cearley)
  • When is Command-and-Control Efficient? Institutions, Technology, and the Comparative Efficiency of Alternative Regulatory Regimes for Environmental Protection, 1999 WISCONSIN LAW REVIEW 887-938 (1999) (with Peter Z. Grossman)