UCLR Online
According to a relatively common view, general jurisprudence is an exercise aimed at understanding “our ordinary concept of law.”
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 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.
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.”
In June 2022, a Russian-linked ransomware group attacked the Costa Rican government, targeting over twenty-seven agencies and sending Costa Rica’s healthcare system “into a spiral.”
The Florida defendant files a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1)—asserting that the court lacks subject matter jurisdiction. Should the court grant it? More specifically, does having an anonymous John Doe as a defendant categorically preclude diversity jurisdiction?
In 1975, Lawrence Salisbury moved into his father’s mobile home, which was situated on rented land owned by the city of Santa Monica.
What does it mean for a fund to deliver ESG results to its investors?
In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.
A Response to Profs. Anupam Chander & Paul Schwartz’s Privacy and/or Trade.
The First Amendment prohibits the state from “establish[ing]” a religion, and it is uncontroversial that this prohibition extends to so-called religious coercion.
TW: Rape, Sexual Assault
In June 2022, Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), leaving states with complete discretion in determining the legality of abortion.