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Volume 110 - Fall Issue

Securitizing the University

By MARYAM JAMSHIDI. Full Text. Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated…

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The Good, the Bad, and the Ugly: A Comparative Constitutional Analysis of Whistleblowing Speech, the Government’s Managerial Domain, and the Imperatives of Democratic Self-Government

By RONALD J. KROTOSZYNSKI, JR. Full Text. Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees’ speech about matters of public concern, the U.S. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series…

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AI Companions and the Lessons of Family Law

By CLARE HUNTINGTON. Full Text. Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental…

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States as Shields

By LINDSAY F. WILEY. Full Text. State laws that aim to shield providers of reproductive health and gender-affirming care from the punitive actions of out-of-state officials raise thorny questions. Can the federal courts, Congress, or the Trump Administration require New York officials to enforce a Texas ban on abortion or gender-affirming care against a New…

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The Clean Water Act and Avoidance Creep

By JACK H.L. WHITELEY. Full Text. In Sackett v. EPA, the Supreme Court set out a test for the Clean Water Act’s jurisdiction over wetlands. The Act, the Court held, protects only those wetlands that have a continuous surface connection to relatively permanent bodies of water like streams, rivers, and lakes. If the connection lies…

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Renewable Energy Federalism 2.0

By DANIELLE STOKES. Full Text. Much like climate change, the clean energy transition presents a “super wicked” problem that is further complicated by prioritizing justice. History has taught us that government regulation, industry innovation, and community engagement are the catalysts of effective transitions. Similarly, the just energy transition requires the support of these interconnected networks.…

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Catching Nutrients in a Net: Collective Action, Institutional Impediments, and the Mississippi River Watershed

By JONATHAN ROSENBLOOM. Full Text. Thousands of local governments in the Mississippi River watershed possess regulatory land use authority. From a narrow law and economics standpoint, when these entities extract from, add to, or pollute the watershed, it may appear as a classic tragedy of the commons problem. The tragedy sounds something like this: local…

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The Four Horsemen of the New Separation of Powers: The Environmental Law Implications of West Virginia, Sackett, Loper Bright, and Corner Post

By ERIN RYAN. Full Text. This Article explores how several of the Supreme Court’s most recent environmental decisions—West Virginia v. EPA, Sackett v. EPA, and Loper Bright v. Raimondo—will shift the constitutional balance of power, and how the polity might respond. Under the pretense of safeguarding legislative power, they consolidate judicial power to decide regulatory…

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Water Flowing Down Wall Street

By VANESSA CASADO PÉREZ. Full Text. Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential.…

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