Then it dawned upon me with a certain suddenness that I was different from the others . . . . –W.E.B. DuBois[2] I start this piece with a personal narrative because I …
Read more “Toward Establishing a Pre-Extinction Definition of “Nationwide Injunctions””
This year the 27th Annual Ira C. Rothgerber Conference brought scholars and lawyers from all over the country to discuss one of the most salient legal issues today—the propriety of …
Read more “National Injunctions: What Does the Future Hold?”
University of Colorado Law Review Volume 91, Issue 3 2020 A Conversation with Associate Justice Elena Kagan Justice Elena Kagan[1] Annual John Paul Stevens Lecture University of Colorado Law School …
Read more “A Conversation with Associate Justice Elana Kagan”
A curious provision of the Immigration and Nationality Act (INA) precludes class actions challenging expedited removal, the system of fast-track deportations for individuals who have recently entered the country. The …
Introduction “Judge Blocks Trump . . . .”[2] This headline became a media staple when reporting on lawsuits challenging various Trump Administration policies—many of which sought injunctive relief on a nationwide scale. Two …
Read more “Seeing Beyond Courts: The Political Context of the Nationwide Injunction”
Introduction of Secretary Jewell as Keynote Speaker Martz Winter Public Lands Symposium Getches-Wilkinson Center March 1, 2019 John Leshy, who served eight years as Interior Department Solicitor under Bruce Babbitt, …
Introduction Since the 1970s, Indian policy has been guided by a federal commitment to tribal self-governance. The exact contours of this policy differ, but at a minimum, it is supposed …
Read more “Decolonization: Treaties, Resource Use, and Environmental Conservation”
The major federal public land management agencies (the Forest Service, Bureau of Land Management, Park Service, Fish & Wildlife Service, and Department of Defense) have increasingly adopted a language that …
Introduction The Endangered Species Act (ESA) is among the strongest biodiversity protection laws anywhere in the world.[2] Its animating principle is that we, as a society, should do whatever it …
Absolutely American, absolutely democratic, they reflect us at our best rather than our worst. . . . The national park idea, the best idea we ever had. –Wallace Stegner[2] [P]arks …
Read more “Not yet America’s Best Idea: Law, Inequality, and Grand Canyon National Park”