Environmental protection and economic concerns are not mutually exclusive. This article, written for a symposium on “Environmental Law 4.0: Adaptive and Resilient,” explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It...

This Article is a first-of-its-kind application of public choice theory to recently developing theories of virtue jurisprudence. Particularly, this Article focuses on not-yet-developed theories of aretaic (or virtue-centered) legislation. This Article speculates what the contours of such...

During the late 1990s and early 21st century, regulators sought to heighten protection for historic resources. New initiatives had a significant impact on natural resources' exploration, development, and extraction. As a result, litigation of course ensued. This article examines the recent...

Can a man be the Director of the Women's Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women's Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy...

With the change in legal status, marijuana is not really being legalized or even just decriminalized. It is being made regulatable or, to coin a phrase, regulatabilized. Markets in illegal goods — along with the goods’ creation, cultivation, distribution, taxation, sale, etc. — are...

There is great fragility in the maintenance of civil discourse. History tells us that it can, and will, fracture, counseling vigilance in its defense. And, that commitment requires revisiting from time to time valuable insights from great minds of the past who have pondered why civil discourse...

The most important aspect of American federalism embodied in the Constitution is the constitutional facilitation of a national free trade zone known as the United States wherein each independent unit is disabled from erecting barriers to trade under what is popularly termed the Interstate...

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...