The article argues that the ambient focus of the Clean Air Act, which requires the monitoring and regulation of large air districts, masks pollution hotspots with poor microclimate. States and the Environmental Protection Agency may be able to address microclimate pollution using existing statutory authority by electrifying the transportation fleet, which reduces not only hotspot pollution, but also greenhouse gas emissions.
In Print: Volume 65, Issue 5
This Article supplements stagnating class action debates and the traditional law and economics account of class action law with behavioral psychology. It draws on a litany of behavioral tendencies, biases, and pathologies and considers their application to class action practice and Rule 23.
The article examines crime-free housing ordinances (CHOs) as an outgrowth of the federal one-strike policy and argues that they are significantly more harmful to tenants than the one-strike policy has been. The article suggests that, before adopting or enforcing CHOs, municipalities should consider legal problems raised by CHOs in conjunction with the crime problem that they purport to address.
The article addresses the role of IP in the development of vaccines for outbreak diseases like Ebola and Zika. It concludes that IP inefficiencies result in a lack of “IP preparedness” that weakens our ability to respond to outbreaks. The author proposes a new legal mechanism: a dormant license, agreed upon in the pre-outbreak period, that would become active once a public health emergency is declared.
In response to Professor Rutschman’s questioning of the patent system’s preparedness to address the unique challenges posed by outbreak diseases like Ebola and Zika, Professor Lichtman offers a solution of his own: to recognize that, in this setting, government funding, prize systems, and other innovation-producing mechanisms should fully displace the normally attractive market-based patent regime.
This comment explores questions regarding declarations of innocence that surface in light of the Pimentel-Lopez opinion holding that the sentencing court is bound by the jury’s factual determination within the special verdict. The comment concludes that the optimal use of declarations of innocence should be limited to determination of specific offense characteristics and adjustments under the Federal Sentencing Guidelines.
The article focuses in on the experiences of policing faced by Somali Muslims within a larger Black Muslim community. It examines how federal “Countering Violent Extremism” program has been used against this group of Black Muslims and puts it in the broader historical context of Black Muslims in America, revealing inherent racialization of religion, and the antiblack origins of American Islamophobia.