The Nuclear Option: What Can States Do to Encourage Clean Energy After Hughes and EPSA?
In the absence of federal climate change policy, many states have adopted programs that encourage clean energy generation from sources… Continue reading →
2018
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Unsettled: Victim Discretion in the Administration and Enforcement of Criminal Restitution Orders
In 2008, a prominent Philadelphia businessman, Donald Dougherty, Jr., was charged with nearly one hundred counts of fraud, theft, bribery,… Continue reading →
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Our Principled Constitution
Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies,… Continue reading →
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Taxing the Gig Economy
Due to advances in technology like mobile applications and online platforms, millions of American workers now earn income through “gig”… Continue reading →
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Settling the Staggered Board Debate
We address the heated debate over the staggered board. One theory claims that a staggered board facilitates entrenchment of inefficient… Continue reading →
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Completely Exhausted: Evaluating the Impact of Woodford v. Ngo on Prisoner Litigation in Federal Courts
On June 22, 2006, the Supreme Court decided an unglamorous administrative exhaustion case involving the ability of prisoners to bring… Continue reading →
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Sufficiently Criminal Ties: Expanding VAWA Criminal Jurisdiction for Indian Tribes
American Indian and Alaska Native women face the highest rates of sexual assault of any group in the United States,… Continue reading →
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The Illusory Coverage Doctrine: A Critical Review
How should a court handle a liability insurance policy sold to a tavern that purports to cover general commercial liability,… Continue reading →
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Our Regionalism
This Article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal… Continue reading →
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Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →