This article assesses the current and likely impact of the Supreme Court's federalism cases on federal environmental regulation. As a result of this assessment, the article seeks to make four points: (1) Thus far, the Supreme Court's federalism cases have had a limited impact on federal...

Drawing upon a preliminary analysis of the Roberts Court’s decisions in environmental cases prepared for a January 2009 Santa Clara Law Review symposium on “Big Business and the Roberts Court,” this essay assesses claims that the Roberts Court has shown itself to be particularly...

The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in...

The current Supreme Court is very protective of speech, including commercial speech. Threats to commercial speech persist nonetheless. This paper, prepared for a symposium at Brooklyn Law School, examines two: 1) the use of commercial speech restrictions as a form of rent-seeking; 2) compelled...

This essay, based on remarks at the 2011 Federalist Society Student Symposium, discusses some of the benefits of federalism. Many of the benefits of federalism derive from interjurisdictional competition, as competition among jurisdictions is a powerful means to discover and promote...

Fisheries the world over are poorly managed and under stress. Yet, proper fishery management can both conserve fisheries and maintain their value as a resource for human consumption. One approach long recommended by economists has been the allocation or recognition of property rights in...

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This essay, written for the...

The Ohio Supreme Court has changed significantly over the past six years. Significant turnover on the court has produced significant change in the court's approach to many legal issues, in particular the degree of deference shown to legislatively enacted policies. Whereas the court of the 1990s...

Should agencies receive Chevron deference when interpreting the reach of their own jurisdiction? This article argues that, in general, they should not. We begin by identifying and detailing the various different types of jurisdictional questions that may arise in statutory interpretation. The...

This article seeks to identify the ways in which federal actions can influence state regulatory choices in the context of environmental policy. The federal government may directly influence state policy choices by preempting state policies or by inducing state cooperation through the use of...