New draft up! I dig into administrative law’s role in democracy, highlight the Hawai`i Supreme Court as a leader in this respect, and begin to conceptualize a “Public Voice Doctrine” counterbalance to the Major Questions Doctrine. Early stage, feedback welcome! papers.ssrn.com/sol3/papers....

Excited to see my piece on Admin/Envtl regulation and the Roberts Court published alongside articles by a group of inspiring scholars in the Minnesota Law Review's newest issue. Go check their articles out, and maybe mine too!
minnesotalawreview.org

Another Admin—Enviro law opinion out of SCOTUS, highlighting the questions I attempt to tackle in “The Bogeyman of Environmental Regulation.” Application of neutral statutory/admin law principles once again trending in the anti-environmental regulation direction.
ssrn.com/abstract=494...

An aggressive move by the Administration to block state climate suits. I’ve been anticipating this and think there are some ways to push back on preemption arguments via, among other reasons, the major questions doctrine.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....

Thank you for the shout out!

Questions for my academic colleagues: As I prep my first online-only course, I am considering my final exam. I ordinarily hold a closed-book, multiple choice & essay exam. Is closed-book realistic for online exams, and to avoid an AI-written essay am I stuck with MC only?

So proud of my brilliant and hardworking staff attorneys, both badass Lawtinas, who won asylum for our client in Imm Ct today! Case involved gender based violence. Our client is now free to marry the person she loves and exercise control over her body. Classic & hopefully enduring American story.

I am thrilled to participate in Fordham Environmental Law Review’s Symposium “Recent SCOTUS Jurisprudence and Its Impact on Environmental Law.” I will offer remarks on two matters dear to my heart: Democracy, and Marine Aquaculture--yes they are related! papers.ssrn.com/sol3/papers....

Richardson students having an amazing opportunity to interact with our State Supreme Court Justices

Huzzah! Ending the year with a joyful event: my first print article since joining @uhawaiilaw.bsky.social has been published in hard copy by Villanova Law Review. Grateful to the wonderful student editors for their hard work wrapping this project up.
www.villanovalawreview.com/article/1278...

i wish you all a happy start to the third least productive work week of the calendar year, defeated only by december 23 and december 30. may your email auto-replies be bountiful and your friendly reminders sparse

Hello new friends on this site! With so much appreciation for the generous feedback so far, reposting my draft (as of October) article “The Bogeyman of Environmental Regulation: Federalism, Preemption, and the Imperial Roberts Court”. Feedback welcome
ssrn.com/abstract=494...

With many thanks for the generous feedback I’ve received from folks, my revised article “‘Major Questions’ About Preemption” is now up at SSRN: ssrn.com/abstract=464...

Posing a question to the world: for folks teaching Admin Law this spring, if Chevron is overruled, do you plan on nevertheless teaching what it had been? I’m thinking yes, as still important for students to understand, even if just to grasp the changes coming along

Excited to present my working paper “‘Major Questions’ About Preemption: Farewell to Federal Supremacy?” in the upcoming AALS Natural Resources and Energy Law session!  The draft is available at SSRN:  papers.ssrn.com/sol3/papers....