Volume 66, Number 2
(March 2013)
Cultivating a Green Political Landscape: Lessons for Climate Change Policy from the Defeat of California’s Proposition 23
Mar. 28, 2013—Around the same time as federal climate change legislation died in the U.S. Senate, California voters overwhelmingly rejected a ballot initiative to repeal the state’s climate change regulatory system. The opposition to Proposition 23 was so successful in part because no major business interests within the state were willing to support the Proposition. That support...
Unpacking the Force of Law
Mar. 28, 2013—In 2011, in Mayo Foundation for Medical Education and Research v. United States, the Supreme Court held that general authority Treasury regulations adopted using notice-and-comment rulemaking carry the force of law and thus are eligible for Chevron deference. In the wake of Mayo, courts and scholars are now struggling with its implications for whether temporary...
The Nature and Purpose of Evidence Theory
Mar. 28, 2013—The past few decades have seen an explosion in theoretical and empirical scholarship exploring the law of evidence. From a variety of disciplines and distinct methodological perspectives, this work has illuminated important issues regarding types of evidence, legal rules and doctrine, the reasoning processes of judges and juries, the structure of proof, and the normative...