Many of the world’s largest firms are now announcing plans to reduce their carbon emissions over the coming decades. Against the backdrop of lackadaisical climate policy, this development is widely held out as positive. But ubiquitous allegations of corporate and investor greenwashing raise the question of just how credible these announcements really are. After all, even when firms propose rigorous emission reduction targets, the shifting sands of investor preferences raise the risk that compan…

With the enactment of the Federal Trade Commission Act (“FTC Act”) in 1914 and the Wheeler–Lea Act in 1938, Congress sought to establish a brawny federal consumer protection regime to guard against the myriad unfair and deceptive practices that threatened harm to American consumers. But courts in this era interpreted these statutes to confer exclusive enforcement authority in the Federal Trade Commission (“FTC”), declining to infer a private right of action. For many decades, the resulting enfo…

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s…

When is a party’s evidence sufficient in a civil case? When is the prosecution’s evidence sufficient in a criminal case? The answers to these questions play several important roles—both practical and constitutional—throughout civil and criminal litigation. As a practical matter, a judicial determination that evidence is insufficient may end a case pre-trial (for example, at summary judgment); may end a trial without getting to a jury (resulting in a judgment as a matter of law); or may overturn…

Groundwater is an essential water source for millions of Americans, and it is invaluable for those in the western United States. It is stored in underground aquifers, geological formations of permeable rock and pore space, which lie under every state in the country. But states have no uniform standard for how they manage the withdrawal of groundwater, and even states with somewhat similar legal regimes for water use allow users to extract groundwater differently. These disparities create a reso…

Immigration detention is a central feature of the United States’ immigration system. Noncitizens facing removal are detained in staggering numbers throughout the removal process, from the initiation of legal proceedings to the issuance of a final removal order. Moreover, as the U.S. government’s reliance upon immigration detention has grown, the Supreme Court has systematically stripped noncitizens of important substantive and procedural protections. This is especially true in the post-removal-…

Policy work in both the United States and the European Union (“EU”) is underway on how best to structure border carbon adjustment (“BCA”) mechanisms to protect the competitiveness of domestic industries while these enterprises make investments in reducing their greenhouse gas (“GHG”) emissions. Often, these investments are costly for domestic industries, and may therefore result in lost sales in a global marketplace where companies in other jurisdictions face no parallel obligation to address c…