Dissertation Title: Rethinking Our Renewables: Who Owns the Wind?
Doctoral Supervisor: Professor Katrina M. Wyman
Yael earned her LL.B., magna cum laude, in the joint program of Law and Education at the Hebrew University of Jerusalem. She was awarded the Ted Miller prize for distinction in interdisciplinary studies, Dean’s Honors awards and the Israeli Prime Minister’s grant. Yael earned her LL.M. in Environmental Law at New York University School of Law as an Arthur T. Vanderbilt scholar, where she received the Environmental Law Prize for excellence in the field of environmental law. Prior to joining the NYU community Yael served as a senior law clerk at the Israeli Supreme Court, for both Hon. Deputy Chief Justice Eliezer Rivlin and Hon. Justice Uzi Vogelman, and is a member of the Israeli Bar.
Yael’s doctoral work explores the property aspects of renewable resources. Looking particularly at wind, Yael’s dissertation offers a new way to think of our renewable resources: despite its replenishing properties, harvesting the kinetic energy locking within the wind leaves less energy available for downstream users. Yael’s work thus views the kinetic energy within the wind as a common-pool resource subject to potential overuse, and contends that policy-makers are soon likely to face a challenge with respect to managing our winds. When applying a law and economics approach, this can be seen as a problem of externalities. Each farmer enjoys the gains produced from the turbine, but does not shoulder the costs imposed on the neighbors in the downwind direction. Yael’s dissertation focuses on the regimes employed to address this externality, manage and protect wind, and specifically the creation of rights to use wind as it blows over the land, titled “wind rights”.
Publications and Conference Presentations:
Winds of Change: Drawing on Water Law Doctrines To Establish Wind Law (forthcoming) N.Y.U. Envtl. L.J. (2014) (available on SSRN).
Gone with the Wind? The Potential Tragedy of the Common Wind, 28 UCLA J. Envtl. L. & Pol’y 435 (2010).
Rethinking Our Renewables: Who Owns the Wind?, Yale Law School 3rd Doctoral Scholarship Conference, New Heavan, 2013.
Orphan Works, 3rd WIPO Seminar on Intellectual Property and Creative Small and Medium Sized Enterprises in the Digital Environment, 2010.