Latest Online Essays

Judicial Destruction of the Clean Water Act: Sackett v. EPA
Richard J. Lazarus
Howard J. and Katherine W. Aibel Professor of Law, Harvard Law School

In Sackett v. EPA, under the guise of judicial interpretation of the Clean Water Act, the Court effectively reduced the Act’s coverage of the nation’s streams by as much as 80%, and of the nation’s wetlands by at least 50%. Contrary to the majority’s proffered reasoning, nothing in the relevant statutory language compelled such an unprovoked hit job on the nation’s ability to protect its waters from harmful pollution.

The Constitutionality of Prohibiting Caste Discrimination
Guha Krishnamurthi
Associate Professor at the University of Maryland Francis King Carey School of Law

Guha Krishnamurthi is an Associate Professor at the University of Maryland Francis King Carey School of Law. He thanks Kevin Brown, Charanya Krishnaswami, Chan Tov McNamarah, Alex Platt, Peter Salib, Joe Thai, attendees of the University of Maryland Carey School of Law Comparative Constitutional Democracy Colloquium for helpful comments, and the editors of the Law Review Online.

The problem of caste discrimination has come into sharp focus in the United States. In the last few years, there have been several high-profile allegations and cases of caste discrimination in employment and educational settings. As a result, organizations—including governmental entities—are taking action, including by updating their rules and regulations to explicitly prohibit discrimination based on caste and initiating enforcement actions against alleged caste discrimination.

For Bankruptcy Exceptionalism
Jared I. Mayer
Business Restructuring Associate at Ropes & Gray, LLP

Jared I. Mayer is a Business Restructuring Associate at Ropes & Gray, LLP. He received his J.D. from the University of Chicago Law School in 2021, his M.A. from Johns Hopkins University in 2018, and his B.A. from Johns Hopkins University in 2018. He thanks Professor Seymour, as well as Ryan Preston Dahl, Katharine Scott, and the editors of The University of Chicago Law Review Online for their helpful comments on earlier drafts of this Essay. The views presented in this Essay are his alone and do not reflect the views of Ropes & Gray LLP. All errors are his alone as well.

In his recent article, Against Bankruptcy Exceptionalism, Professor Jonathan M. Seymour argues that bankruptcy courts have wrongly bucked the Supreme Court’s trend toward textualism. Bankruptcy courts believe that they need to approach the Bankruptcy Code pragmatically in light of the unique dynamics inherent in bankruptcy practice and therefore adopt purposivist, equitable, or “rough justice” approaches to facilitate that kind of pragmatism—an attitude that Professor Seymour calls “bankruptcy exceptionalism.”