What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation.…

This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their…

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in…

On June 28, 2024, the U.S. Supreme Court overruled Chevron v. Natural Resources Defense Council, concluding that courts have a constitutional and statutory obligation to exercise their “…

Choice architecture as defined by Professor Mormann in Climate Choice Architecture is helpful and important, but it is also easy to overestimate its impact. It is not everything…

Black letter law is implemented in countless shades of gray, with interpretation and negotiation at virtually every step of the way. Prof. Dave Owen’s The Negotiable Implementation of…

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership…

In theoretical accounts of environmental law, traditional environmental-law education, and much of the discourse of environmental-law implementation, negotiation is absent, except in a few…

This Comment touches on some of the key concerns that Dave Owen's The Negotiable Implementation of Environmental Law raised about equity and transparency in environmental law, and…

Prof. Felix Mormann’s Climate Choice Architecture provides a comprehensive framework and a masterful summary of the state of knowledge on behavioral nudges as they are applied to…