Unconstitutional Courses

By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in “runaway” federal judges. And nearly every time Congress makes a “jurisdiction-stripping” threat, it comes to nothing. But if Congress’s threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress’s noisy calls have obscured another potent threat to the…

Trademark Law and the Social Construction of Trust: Creating the Legal Framework for Online Identity

Beth Simone Noveck
Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The…

The Geography of Climate Change Litigation: Implications for Transnational Regulatory Governance

Hari M. Osofsky
This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The…

Administrative Law Reform in the United States: Possible Lessons for Japan

The Editors

Remarks by Professor Jody Freeman to Japanese American Law Society


Statutory Reform of the Administrative Process: The American Experience and the Role of the Bar

Ronald M. Levin
In 2004, the Japanese government was completing a restructuring of its judicial review system and was looking forward to a follow-up round of legislative activity to reform its administrative procedures. I was asked to speak to the Japan American Society for Legal Studies about the American experience with administrative law reform at the congressional level. In particular, I was asked to discuss the role that administrative lawyers have played in…