Now showing items 1-4 of 4
In Defense of Ecosystem Services
(Pace Environmental Law Review, 2016)
Prepared for the Pace’s 2014 Lloyd K. Garrison Lecture, this provides a brief overview of the history of the ecosystem services framework in law and policy, status report on where it is today, and assessment of critiques, ...
Selective Judicial Activism
(Georgetown Journal of Law & Public Policy, 2016)
This Essay, written for a symposium asking “Is the Rational Basis Test Unconstitutional?,” defends the bifurcated-scrutiny approach of Carolene Products and its famous footnote four. A growing cadre of conservative and ...
Is the Supreme Court Failing at Its Job, or Are We Failing at Ours
(Vanderbilt Law Review, 2016-05)
Sanford Levinson calls for a new constitutional convention in Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It). This review explains how Levinson overstates the ...
(Vanderbilt Law Review, 2016)
This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines – such as the dormant commerce clause, implied preemption, ...