Authoruclalaw

Solving the climate change problem by limiting global greenhouse gas (GHG) emissions will necessitate action by the world’s two largest emitters, the United States and China. Neither has so far committed to quantitative emissions limits. Some argue that China cannot be engaged on the basis of its national interest in climate policy, on the ground that China’s national net benefits of limiting...

This Article seeks to reconstruct the public nuisance climate change cases Connecticut v. AEP and California v. General Motors to show that, while hardly perfect, nuisance litigation could form a reasonable basis for climate change regulation, at least as much as some of the other imperfect alternatives so far proposed. This nuisance system has promise because, as outlined here, it essentially...

Life without economic subordination is recognized around the world as a fundamental human right. When individuals are economically impoverished, they are more likely to not only offend, but also repeatedly offend, because poverty compounded with the imposed civil disabilities of a criminal conviction further socially isolate and minimize their life options. This factual inference is not only...

Expelled students have intense educational needs, yet few states protect their rights to alternative education during the period of expulsion or reinstatement to mainstream education following the period of expulsion. Instead of strengthening those rights, the No Child Left Behind Act (NCLB) creates an incentive structure that encourages the exclusion of expelled students from all access to...

Specialty license plates are commonly seen displayed on cars across the United States. Certain states permit motorists to purchase a specialty license plate for an extra fee in order to allow the driver to affiliate with a particular cause while simultaneously raising money for nonprofit organizations associated with the plates. The introduction of specialty license plates bearing messages either...

Does the First Amendment protect a speaker’s interest in reaching a particular audience if the expressive activity occurs in a traditional public forum? The intuitive answer to this question might be “yes” or “usually,” but the federal courts have taken a decidedly different approach—at least when the intended speech is political protest and the intended audience includes high-ranking government...

Merchants pay banks a fee on every credit card transaction. These credit card transactions cost American merchants an average of six times the total cost of cash transactions. The variation in fees among credit cards is also large, with some cards, such as rewards cards, costing merchants twice as much as others. The largest component of the fee merchants pay goes to finance rewards programs...

Uniformed lawyers—judge advocates—are uniquely situated at the heart of the American civil-military relationship. A recent article published in this law review argued that this placement has hindered military operations and disrupted civilian control over the military; left unaddressed, it will negatively affect the nation’s ability to fight and win future wars. This Essay takes issue with such...