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State Siting of Renewable Energy – Preemptive Power Grab or Power Play?
The United States needs more—and cleaner—energy. Experts project that in the near future, the United States will need to significantly increase its electricity generation. Currently, the burning of fossil fuels remains a significant source of power generation in the United States. However, these…
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Offshore Wind in Vertically-Integrated Versus Deregulated Models: Considerations for State Policymakers
Energy law scholars and economists have long studied the theoretical differences between vertically-integrated and deregulated models of electricity regulation. Now, diverse regulatory approaches and advances in renewable electricity technology present the opportunity to go beyond the abstract…
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Environmental Law’s Missing Piece: The Right to Nature
For decades, environmental law has been trapped in a binary value system: it either treats nature instrumentally, as property to be used for human benefit, or views it as intrinsically valuable, deserving protection for its own sake. Both approaches, though ethically powerful, have struggled to…
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Finding the Major Questions Doctrine
The major questions doctrine has been invoked primarily in the rulemaking context, where it requires agencies to identify particularly clear statutory authority before promulgating rules of “major” importance. Some scholars have suggested that the doctrine is a tool that should be limited to agency…
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The Federal Death Penalty as a Sign of the Times
Scholars have been predicting the demise of the American death penalty for much of the twenty-first century. This prediction finds support in state-by-state abolition, reduced numbers of new death sentences, and continued reductions in the death row population. Despite significant movement away…
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Undue Burdens: Georgia’s Life Act and Its Disporportionate Impact on Women Experiencing Intimate Partner Violence
More than half of women in Georgia report experiencing some form of intimate partner violence (IPV) in their lifetime. Women experiencing IPV are not only at greater risk of unintended pregnancy, but those who do become pregnant often face more frequent and severe abuse, increasing their risk of…
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Subsidiarity Municipalism in Action: On Vincent v. Adams
Building on the author’s recent article Protecting Commoners’ Goods: Pluralist Coexistence Through the Common Good Constitution’s Subsidiarity Municipalism (PCG), this Essay deconstructs the recent New York appellate opinion in Vincent v. Adams. That case reverses a trial court opinion that PCG…
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Salay v. Slovakia: a Contemporary Case on Educational Discrimination against the Romani People
In February of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma student who brought an anti-discrimination case against the Slovak government for discriminatory educational placement based on race. The case focused on an unjust system that placed Roma children in classes…
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A Third Possibility: The Press Clause at the Founding
With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to…
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From Player Piano to Generative AI: Artificial Expression and the Law of Copyright
American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread…
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From Presumed Intent to Programmed Performance: Smart Contracts and the Future of Contract Law
Smart contracts—self-executing agreements operating on decentralized blockchain networks—challenge the fundamental assumptions underlying traditional contract law. This Article challenges the prevailing scholarly approach that seeks to reshape smart contracts to fit existing doctrinal frameworks…
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