Environmental Citizen Suits and the Inequities of Races to the Top

Environmental citizen suits were founded on the belief that empowering organizations and individuals to take legal action would provide a backstop against lax federal or state programs. Working in conjunction with the system of cooperative federalism, citizen suits were designed to uphold minimum levels of environmental protection and to provide a restraint on so called “races to the bottom” in which states compete for economic development by relaxing environmental standards. To our knowledge, no one has considered whether the geographic distribution of citizen suits could Continue reading →

Outsourced Emissions: Why Local Governments Should Track and Measure Consumption-Based Greenhouse Gases

While many local governments track greenhouse gas (“GHG”) emissions, almost all of them exclude most GHGs associated with consumption. These consumption-based emissions stem from the lifecycle production, pre-purchase transportation, sale, and disposal of goods, food, and services produced outside of a local jurisdiction but consumed inside the jurisdiction. Based on the limited data measuring extraterritorial emissions, these consumption-based emissions amount to more than half—and in some places more than three-fourths—of GHG emissions directly connected to local consumption patterns and behaviors. This Article argues that local Continue reading →

International Water Law and Fresh Water Dispute Resolution: A Cosean Perspective

International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. “Equitable and reasonable utilization” is commonly considered as the leading substantive rule, “no significant harm” as subsidiary to it, and the “duty to cooperate” as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The “normative” Continue reading →

Communities of Interest in Colorado Redistricting

Every ten years, states redraw their congressional district boundaries following the results of the U.S. Census. This important process determines the boundaries of districts that will be represented in Congress. As a result, district boundaries selected through the redistricting process can directly impact future congressional elections and the subsequent representation of citizens’ concerns in Congress. If districts are drawn to favor one political party over another, certain sections of the population may see their political power diminished and thus be less fairly represented in Congress. Continue reading →

Expanding the Administrative Record: Using Pretext To Show “Bad Faith or Improper Behavior”

Within the first year of Donald Trump’s presidency, his Administration repealed, withdrew, or modified hundreds of regulations and agency decisions.[1] Although these rollbacks encompassed a wide array of administrative actions across a variety of regulatory fields,[2] the most significant and concentrated effort from the Trump Administration focused on destroying Obama-era environmental regulations.[3] President Trump himself promised to get “rid of [the Environmental Protection Agency] in every form,”[4] and his Administration attacked climate change policies by eliminating greenhouse gas (GHG) regulations that bound the nation’s biggest Continue reading →

Food Allergy Bullying as Disability Harassment: Holding Schools Accountable

Millions of American schoolchildren of all ages suffer from food allergies, and increasingly, bullies target these children because of their allergies. If a bully exposes a victim to an allergen, food allergy bullying can sicken or kill within minutes. Food allergy bullying is already responsible for many hospitalizations and at least one death. Most food allergy bullying happens at school, and schools play a crucial part in addressing and preventing bullying. All too often, though, schools fail to take appropriate action. Sovereign immunity and other Continue reading →

The Discriminatory Executive and the Rule of Law

Today, the executive enjoys unprecedented power, particularly in the area of national security. By and large, this authority is not meaningfully restrained by Congress or the courts. However, some scholars argue that the presidency is still kept in check by the rule of law and politics. According to this view, substantive and procedural laws and internal executive branch rules combine with political efforts by the public, like voting, to hold the President accountable. This Article challenges this view. It argues that the rule of law Continue reading →

Whole Designs

­­In the past decade, there has been a renewed interest in the concept of patentable subject matter—that is, what kinds of things can you get a patent for? But this attention has, to date, been focused on utility patents, the patents that protect how things work. There has been scant attention paid to statutory subject matter and design patents, the patents that protect how things look. These patents have gained prominence in both practice and scholarship since the $1 billion verdict in Apple v. Samsung. Continue reading → Continue reading →

A Pound of Flesh: How Medical Copayments in Prison Cost Inmates Their Health and Set Them Up for Reoffense

“[T]hey had come to regard insolvency as the normal state of mankind, and the payment of debts as a disease that occasionally broke out.”[2] Brad seldom talks about the time he spent in prison.[3] Even while he was incarcerated, he generally steered our email and telephone conversations to topics in my life and the outside world—how my high school volleyball season was going, where I wanted to go to college, or how the Packers’ season was shaping up. Since being out of prison, my brother Continue reading →

When the Cat’s Away: Techlash, Loot Boxes, and Regulating “Dark Patterns” in the Video Game Industry’s Monetization Strategies

“There are some aspects of this business model that make it so—you’re not making games to be fun anymore. . . . [H]ere’s the stuff that addicts players, that makes people come back. You’re implementing these strategies to hook people, but they’re not necessarily having fun with your game anymore. They’re compelled to play because they need to increase their level or feel like they’re making some other kind of progression.”[2] PDF: Goodstein,[1] When the Cat’s Away Introduction “How do you sustain a business model in which users don’t Continue reading →