Climate Justice Denied: Ninth Circuit Dismisses Juliana v. United States

The environmental climate change case that has attracted the most attention, Juliana v. United States has come to an unceremonious end and all Americans should be concerned. On May 1, 2024, the Ninth Circuit Court of Appeals ordered, “The district court is instructed to dismiss the case forthwith for lack of Article III standing, without leave to amend.

Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade … Read the rest

Law Democratized: A Blueprint for Solving the Access to Justice Crisis

Few social issues are more significant than unequal access to justice. Any nation that aspires to the highest level of democracy must make the civil justice system accessible not just to the affluent, but those of modest means.

Professor Renee Knake Jefferson‘s excellent new book “Law Democratized: A Blueprint for Solving the Justice Crisis” explains exactly where we are, where we need to go, and how we can get there.

An updated version of my review is available at The … Read the rest

Purposes and consequences: A conversation with Justice Stephen Breyer

Purposes and consequences: A conversation with Justice Stephen Breyer

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With the publication of his latest book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, retired Justice Stephen Breyer talks with Ibrain Hernández about the moments that have marked his career, as well as his perspective on the role of judges in a constitutional democracy and his focus on purpose and consequences when interpreting the law. Their conversation has been edited for length and clarity.

Ibrain Hernández is a law student at Center for Economic Research and Teaching, … Read the rest

Justice Sandra Day O’Connor protected us from the extremes

Justice Sandra Day O’Connor protected us from the extremes

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This tribute is part of a series on the life and work of the late Justice Sandra Day O’Connor. Marci A. Hamilton is Professor of Practice in Political Science and Fox Pavilion Leadership Senior Non-Resident Fellow in the Program for Research on Religion, University of Pennsylvania.

We could use a Justice Sandra Day O’Connor on the United States Supreme Court right now.  Her judgment and common sense protected the country from the extremes that have polarized this striving democracy.  That polarization … Read the rest