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Louis J. Virelli, Constitutional Appointments, in The Mueller Investigation and Beyond (Ellen S. Podgor et al. eds., Carolina Academic Press, 2020)Clicking on the button will copy the full recommended citation.
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Jaclyn Lopez, From Bail Out to Righting the Course: The Commonsense Action the United States Must Take to Address Its Flood Crisis, 33 Tulane Envtl. L. Journal 1 (2020)Clicking on the button will copy the full recommended citation.
The threats of the climate change crisis and sea level rise to U S. infrastructure, military readiness, food security and the economy are most evident in America floodplains, where the National Flood Insurance Program (NFIP) has worsened flooding and floodplain development by providing insurance policies that obscure risk and provide discounted coverage. Meanwhile, the United States contributes significantly to global greenhouse gas emissions, which fuels the climate change crisis and worsens flooding The disconnect between subsidizing development in floodplains and the fact that the United States has made those floodplains even more vulnerable to flooding by leasing federal fossil fuels that contribute to the climate change crisis and sea level rise has cost U S taxpayers billions of dollars and put millions of people and our nation most imperiled species at increased risk.
Flooding will only get more expensive and devastating especially if the United States continues in "business as usual" fossil fuel extraction and emissions, disproportionately putting vulnerable communities at risk Congress must immediately end federal fossil fuel leases and require that federal agencies that fund authorize, or permit fossil fuel activities analyze the indirect greenhouse gas emissions impacts of those activities. Congress must also require FEvL4 to use the best available climate change and sea level rise mapping to reflect actual flood risk provide a nationwide plan for flood disclosure and risk, analyze and avoid impacts to wildlife habitat, and pursue buyouts.
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Ellen S. Podgor et al. (eds.), The Mueller Investigation and Beyond (Carolina Academic Press, 2020)Clicking on the button will copy the full recommended citation.
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Elizabeth Berenguer et al., Gut Renovations: Using Critical and Comparative Rhetoric to Remodel How the Law Addresses Privileges and Power, 23 Harv. Latinx L. Rev. 205 (2020)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli et al., Administrative Law: Cases and Materials (8th ed., 2020)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli et al., Administrative Law: Cases and Materials: Teacher’s Manual (8th ed., 2020)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Florida Real Property Law (revisions and updates) (Florida Bar Continuing Legal Education, 2020)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer, A Separation of Power Analysis of Forum Non Conveniens’ Adequate Available Forum, 94 St. John's L. Rev. 157 (2020)Clicking on the button will copy the full recommended citation.
Under Article II, Section 1 of the United States Constitution, the President has the “executive power” of the United States. Much has been written about what the Framers intended when drafting this language in the Constitution. Most recent, in Zivotofsky v. Kerry, the Supreme Court determined that the Nation must “speak with one voice” with regard to policy about the legitimacy of foreign governments vis-à-vis the United States.
This foreign policy constitutional principle has important ramifications for how courts should address forum non conveniens analyses with regard to the adequate available forum. The Supreme Court neglected to provide substantive guidance in Piper Aircraft Co. v. Reyno with respect to the adequate available forum, leaving the lower courts to fend for themselves in determining when a forum is both adequate and available. As a result, lower court decisions are deeply divided as to when and how to dismiss a case to a foreign forum that is adequate and available.
This article posits that the courts are not the branch of government best suited to make this determination. Rather, the executive, as demonstrated through a critical review of Supreme Court separation of powers cases, is uniquely positioned to opine on whether a foreign judiciary can provide an adequate available forum. By deferring to the executive with respect to questions that involve such keys issues of foreign policy, courts avoid political landmines that are best left to the executive.
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Grant Christensen and Melissa Tatum, Reading American Indian Law: Foundational Principles (Cambridge University Press, 2020)Clicking on the button will copy the full recommended citation.
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Stacey-Rae Simcox, Review of Recent Veterans Law Decisions of the Federal Circuit, 69 Am. U. L. Rev. 1343 (2020)Clicking on the button will copy the full recommended citation.
The last in-depth review of veterans law cases decided by the Federal Circuit was published by the American University Law Review in 2015. Since that time, the Federal Circuit has substantially changed procedural rules applicable to veterans cases, including authorizing the use of the class action device and clarifying the correct standard to use when challenging agency delay and inaction. In an important case with wide application to administrative law generally, the Federal Circuit addressed the issue of proper deference for agency regulations and policies. The Supreme Court granted certiorari in Kisor v. Wilkie and reaffirmed principles articulated in Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., articulating a new three-step analysis. With regard to substantive developments in the area of veterans law, the Federal Circuit reversed a prior 2008 decision and provided final and effective relief for "Blue Water" Navy Veterans who have long fought for Agent Orange-related benefits. It is a remarkable time to be a veterans advocate, and we are pleased to provide this update.