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Essay
The Uninsurable Future: The Climate Threat to Property Insurance, and How to Stop It
Property insurance availability is threatened by climate change.  Deregulating insurance markets is not the solution. Stopping insurers’ financial support for fossil fuels, subrogation suits against fossil fuel companies, and requiring insurers to account for mitigation, can help. But the future will be uninsurable without a transition away from fossil fuels.
03 Dec 2025
Insurance Law • Property • Environmental Law
Essay
Who Decides? The Role of Parental Rights in Abortion and Gender-Affirming-Care Decisions for Minors
This Essay argues that the legal system has allocated power over abortion and gender-affirming care decisions for minors in ways that may jeopardize rather than protect children’s well-being. The law insufficiently accounts for children’s interest in bodily autonomy and self-determination, leaving them at the mercy of politics and ideology.
03 Dec 2025
Essay
Under Political Pressure: How Courts and Congress Can Help Prosecutors Seek Justice
Bruce A. Green & Rebecca Roiphe
This Essay argues that when Justice Department officials order subordinate lawyers to consider inappropriate partisan goals in making charging decisions, prosecutors must prioritize their fiduciary obligation to seek justice on behalf of the public. It further elaborates how courts and Congress can support them in this choice.
20 Oct 2025
Essay
Pointless IP
This Essay examines the rise of originalism and textualism within the Supreme Court’s intellectual-property jurisprudence. Due to its intense dynamism, intellectual-property law exposes the failures of these methods, which detach law from social reality and human goals, and highlights the need for an alternative jurisprudence of purpose.
17 Oct 2025
Essay
Before Losing
The prospect of productively leveraging litigation loss should not insulate decisions about whether and how to litigate from scrutiny. Examining contemporary LGBTQ litigation, this Essay shows how winning through losing, which is contingent on factors advocates assess before litigating, only makes sense within a less juriscentric and more multidimensional approach....
10 Oct 2025