West Virginia v. EPA: Will the Supreme Court Defer to Chevron?

(Source) I.     Background  In 1970, with the establishment of the Environmental Protection Agency (“EPA”), Congress enacted the Clean Air Act (“CAA”), which marked the first step towards federal regulation of air pollution. Section 111(d) of the CAA authorized the EPA to regulate greenhouse gas emissions from existing power plants. Based on this provision, the

Reforming Stock Trading Inside the Beltway

(Source) Insider trading carries with it the possibility of civil and criminal penalties for members of the general public. Yet, members of Congress have enjoyed freedom from punishment for engaging in the misappropriation of information they receive in the service of their jobs. The complex history of securities law is built upon case law which

Lasting Effects of Prohibition

(Source) America as a nation has a long and intertwined history with alcohol as the pilgrims relied on beer for a sterile drink in the same way that the founding fathers did days before signing the Constitution. The alcohol industry and attempts to regulate it have led to rebellions, prohibition, and a Supreme Court ruling.

Courts Should Continue to Offer ODR In Civil Disputes

(Source) Court-annexed alternative dispute resolution (“ADR”) is a process by which courts assist parties in resolving their legal disputes. Any method of dispute resolution that is hosted or supported by a court and does not involve litigation is considered court-annexed ADR. Examples of ADR include: negotiation, arbitration and mediation. Since the 1990s, ADR has been

Is Build Back Better’s Paid Leave Provision Really a No-Brainer?

(Source) America is one of very few nations that lack a national paid leave program. The Build Back Better Act passed by the U.S House of Representatives attempted to remedy this by instituting a uniform paid leave policy for those working in the private sector. This would have been the most significant expansion of the scope of

Can The President Cancel Student Debt?

(Source) Student loan forgiveness has been a popular topic in the news lately.  This should not come as a surprise considering there are over 43 million student borrowers in the United States, each with an average debt size of $39,351. As the current total student loan debt in the United States tops $1.7 trillion, President Biden has

Government Sponsored Legal Research Tool That Facilitates Nonlawyers’ Access to Caselaw

(Source) Today, under Gideon v. Wainwright, any criminal defendant who risks at least one year of jail time has free access to defense counsel. But that is not the case for civil litigants and some misdemeanor defendants, many of whom could hardly afford a lawyer and have to represent themselves. They do not have access

Crime and Profits? The Story of the Most Profitable Punishment in American History

(Source) In 2015, Volkswagen admitted to engineering and rigging devices used on their diesel vehicles to skirt compliance with emissions testing and knowingly fouled the air by producing cars that were far out of compliance with emissions standards. Volkswagen’s befouling plot released 46,000 tons of nitrogen oxides, linked to an estimated 100+ deaths from the

We’re Abandoning our Afghan Allies

(Source) For the past twenty years, the U.S. military worked in Afghanistan and relied on the assistance of Afghan allies who supported them. Time and time again, Afghans saved American lives in Afghanistan in their joint efforts to oppose the Taliban.  Now that the United States has left Afghanistan and the Taliban has taken over

The West Coast Migration: How California’s Battle with Climate Change Has Affected the Cost of Living

(Source) Boasting the fifth largest economy in the world, the Golden State is a beacon for various American industries, such as entertainment, technology, and agriculture. Yet population growth has halted. Some who reject the “California Dream” attribute the decline in growth to a so-called West Coast migration, pointing to Tesla’s recent move to Texas, along

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