Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating …
Read more “Fig Leaves, Pipe Dreams, and Myopia: Too-Easy Solutions in Environmental Law”
Our country’s ever-growing exposure to flood risk has been the target of policy reform for decades. To many experts, it is clear that we must stop subsidizing flood-prone development and …
Read more “The Promise and Peril of Paternalistic Approaches to Flood Risk”
Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. …
Read more “Waste and the Governance of Private and Public Property”
To avoid the worst consequences of global climate change, the United States must achieve daunting targets for decarbonizing its electric power sector on a very short timescale. Policy experts largely …
Introduction In 2022 the National Conference of Bar Examiners (NCBE) issued its “Content Scope Outlines” for public comment,[1] soliciting input on “significant oversights.”[2] The outlines were designed to inform the …
Introduction The U.S. Immigration Court system is no stranger to criticism, and the past five years have been blistering. Concerns about hearing delays,[1] judicial professionalism,[2] case management failures,[3] pandemic health …
Read more “The Immigration Court: Zigzagging on the Road to Judicial Independence”
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six …
This Article examines the effects of the good-moral-character requirement in naturalization proceedings. Specifically, it looks to such character requirements as a method by which a citizen polity screens out undesirable …
Read more “The Failures of Good Moral Character Determinations for Naturalization”
Introduction The practice of charging user fees to fund executive administrative agencies has burgeoned in the past forty years. User fees have been a feature of government administration for as …
Read more “Entrance Fees: Self-Funded Agencies and the Economization of Immigration”
Introduction When the COVID-19 pandemic reached the United States in early 2020, the importance of agricultural workers became undeniable. Fear of food shortages seized the nation, and many people saw …
Read more “Essential, Not Expendable: Protecting the Economic Citizenship of Agricultural Workers”