Pragmatism or Textualism
Vol. 138 No. 3
Introduction For more than forty years, I have served as a federal judge — about fourteen years on a court of appeals, and twenty-eight years as...
Commentaries
Sweeping Section Three Under the Rug: A Comment on Trump v. Anderson
Vol. 138 No. 3
Introduction “Great cases,” the saying goes, “like hard cases make bad law.” The aphorism, from Justice Holmes’s dissent in the Northern Securities case, came...
Transnational Racial (In)Justice in Liberal Democratic Empire
Vol. 134 No. 7
On June 17, 2020, Philonise Floyd addressed the United Nations Human Rights Council, the United Nations’ paramount human rights body, demanding justice for the...
The (Indigenous) Case for Shareholder Primacy and its Role in Climate Justice
Vol. 134 No. 6
In 1970, Milton Friedman published his now-infamous essay, arguing that the purpose of a corporation is to produce value for its investors. Articulating what...
Root and Branch: Climate Catastrophe, Racial Crises, and the History and Future of Climate Justice
Vol. 134 No. 6
After all, radical simply means “grasping things at the root.” — Angela Davis Introduction The disproportionate burdens of climate change borne by the Global...
Rethinking Retirement Savings
Vol. 134 No. 6
At the end of 2020, Americans held a collective $35 trillion in their retirement accounts. To put this in perspective, $35 trillion is larger...
Rights of Nature, Rights of Animals
Vol. 134 No. 5
The fields of animal law and environmental law have an uneasy relationship. At a basic level, they are intertwined by the fundamental observation that...
Desmond’s Law: Early Impressions of Connecticut’s Court Advocate Program for Animal Cruelty Cases
Vol. 134 No. 5
In March 2012, police found the body of a dog in a trash bag in the woods of Madison, Connecticut. The dog was Desmond....
Palliative Animal Law: The War on Animal Cruelty
Vol. 134 No. 5
In 2019 President Donald Trump signed into law the Preventing Animal Cruelty and Torture (PACT) Act. Although every state already permitted felony animal cruelty...
Resisting the Theory/Practice Divide: Why the “Theory School” is Ambitious About Practice
Vol. 132 No. 7
Debates about how to educate law students have long rotated around a familiar axis — the theory/practice divide. Commentators and bar associations routinely rebuke...