Article

Going the Way of the Dodo: De-Extinction, Dualisms, and Reframing Conservation

Alejandro E. Camacho
De-extinction, a suite of selective breeding or biotechnological processes for reviving and releasing into the environment members or facsimiles of an extinct species, has been the subject of a recent surge of analysis in popular, scientific, and legal literature. Yet de-extinction raises more fundamental questions about the relationship between humans and nature and about the more and less useful ways that the law serves to navigate that relationship. Unfortunately, the…
Article

Legalization Conflicts and Reliance Defenses

Mary D. Fan
This Article addresses an open question of pressing practical import—whether people and businesses operating in the shadow of a legalization conflict have a reliance defense. A legalization conflict arises when conduct is decriminalized by one authority while remaining criminalized under another legal regime. For example, drugs, guns, undocumented immigrants, and giving legal advice or financial support for certain activities, may be both illegal and legal under conflicting regimes. People plan…
Article

Disrupting Education Federalism

Kimberly Jenkins Robinson
The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be structured to achieve the nation’s education goals. One of the nation’s unfulfilled and yet essential education goals is to ensure that all students receive equal access to an excellent education. A variety of scholars and, most recently, the federal Equity and Excellence Commission have offered proposals…
Commentary

A Taxonomy of Discretion: Refining the Legality Debate About Obama’s Executive Actions on Immigration

Michael Kagan
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations that the president is refusing to faithfully execute the law. Because backers of executive action have focused on precedents from previous administrations, their arguments imply that there is nothing substantively new about President Obama’s actions. As a result, the legal debate about the scope of the…
Note

Strict Liability for Individuals? The Impact of 3-D Printing on Products Liability Law

Nicole D. Berkowitz
Although a relatively new technology, three-dimensional (“3-D”) printing has been pronounced an invention with “the potential to revolutionize the way we make almost everything.” As personal 3-D printing becomes more prevalent, the possibilities are truly endless, limited only by the users’ creativity. While this seemingly infinite potential is quite exciting, it also raises new legal questions: If individuals can 3-D print products, should they be held strictly liable for defective…
Note

Knowing an “Educational Institution” When You See One: Applying the Commerciality Approach to Tax Exemptions for Universities Under § 501(C)(3)

Eric Rubin
Throughout American history, colleges and universities have had a constant presence in the nation. Education has consequently played a paramount role in the growth and development of the country, which the government has been determined to foster. Under Internal Revenue Code § 501(c)(3), the government provides tax exemptions for non-profit organizations, including “educational institutions,” such as colleges. Yet, the size and scope of these institutions has changed dramatically since the…