Archive for the 'Notes' Category



Sucking the Air Out of Wind Energy: Nuisance Litigation and its Effect on Wind Energy Development

Global climate change is a major threat facing our country and the world. The consequences of climate change are likely to be significant and far reaching, including increasing droughts, sea-level rises and flooding in coastal areas, potentially adverse effects on agriculture, and negative effects to human health. Further, there is a general consensus in the [...]

Categories: In Print, Notes, Volume 88, Volume 88-3 | Posted: February 21, 2011


From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework

The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic deprivation, in 200 years of expounding the Supreme Court has never recognized socioeconomic rights as constitutional rights. Theories abound for this continued quiescence. Accepted reasons include lack of explicit textual support, [...]

Categories: In Print, Notes, Volume 88, Volume 88-3 | Posted: February 21, 2011


The Scope of “Plaintiffs’ Harm” in Environmental Preliminary Injunctions

Deep sea adventurer and advocate Jacques Cousteau once stated: “The happiness of the bee and the dolphin is to exist. For man it is to know that and to wonder at it.” An environmental enthusiast might consider this statement a testimonial for wildlife’s “right to exist.” Those less keen on a broad reading of [...]

Categories: In Print, Notes, Volume 88, Volume 88-2 | Posted: October 24, 2010


Kimbrough, Spears and Categorical Rejection: the Latest Additions to the Family of Federal Sentencing Policy Cases

In the past three decades, the federal sentencing system has been in a state of flux. At the core of the debate, and at issue in a great deal of modern cases, is how much discretion federal judges ought to have when sentencing defendants. The amount of discretion committed to judges depends largely on how [...]

Categories: In Print, Notes, Volume 88, Volume 88-2 | Posted: October 24, 2010


New Twists on an Old Plot: Investors Look to Avoid the Wash Sale Rule by Harvesting Tax Losses with Exchange-Traded Funds

On October 7, 2007, all seemed well on Wall Street as the Dow Jones Industrial Average (DJIA) set a “record high,” closing at 14,164. But, as expressed by Sir Isaac Newton, “what goes up must come down.” And the U.S. stock markets came plummeting down at record pace, declining by over fifty percent “for the [...]

Categories: In Print, Notes, Volume 88, Volume 88-1 | Posted: July 28, 2010


Tremendous Upside Potential: How a High-School Basketball Player Might Challenge the National Basketball Association’s Eligibility Requirements

In 1995, the Minnesota Timberwolves, a franchise in the National Basketball Association (NBA, or “the League”), selected Kevin Garnett with the fifth pick of the NBA Draft. Garnett was a prodigious basketball player who had just graduated from high school. Still playing in the NBA today, Garnett has won the Most Valuable Player award and [...]

Categories: In Print, Notes, Volume 88, Volume 88-1 | Posted: July 28, 2010