States increasingly litigate before the federal courts in lawsuits challenging national policy.
Texas Attorney General (now Governor) Greg Abbott is famous for describing his typical day …

The US Supreme Court is famously the nation's top appellate court, but Article III also makes
the Court a trial court, giving it original jurisdiction over several categories of cases. One of …

The conventional account of most US environmental regulation goes something like this:
cooperative federalism schemes accommodate state and federal interests while tapping into …

When should states have standing? In recent years, there has been an explosion in
literature on that question.'Yet, even today, there seem to be as many questions as answers …

ABSTRACT The Supreme Court interprets Article III's case-or-controversy language to
require a plaintiff to show injury in fact, causation, and redressability. A plaintiff who meets …

* Joseph H. Goldstein Faculty Scholar & Professor of Law, Penn State University.© 2021,
Jamison E. Colburn. My thanks to Tara Grove and Noah Hall for terrific comments and …

I. INTRODUCTION disgorge: Yield or give up (funds, especially when dishonestly acquired)"
they were made to disgorge all the profits made from the record"'One of the basic tenets of …

In a high-profile case last term about state standing to sue in federal court, Justice Gorsuch
deemed it “hard not to wonder why” the majority said “nothing about 'special solicitude.'” The …

Discussions of the President's motive are commonplace in public discourse and public law
scholarship. But the President's motive is usually mentioned in passing, as an issue of moral …

In response to inconsistent and ineffective direct regulation, climate change litigation has
taken off Litigation is no longer a last resort tactic for action on climate change-instead, it is …