Vol. 118 No. 2

Selective Enforcement
Article

FREE TRADE, FAIR TRADE, AND SELECTIVE ENFORCEMENT

Timothy Meyer*

The 2016 presidential election was one of the most divisive in re­cent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should be, but are not, “fair.” Although it[...]

citizenship
Essay

CRIMINAL PROCEDURE AND THE GOOD CITIZEN

I. Bennett Capers*

There is an aspect of criminal procedure decisions that has for too long gone unnoticed, unrecognized, and unremarked upon. Embedded in the Supreme Court’s criminal procedure jurisprudence—at times hidden in plain sight, at other times hidden below the surface—are asides about what it means to be a “good citizen.” The good citizen, for example, is willing to aid the police, willingly waives their right to silence, and welcomes police[...]


In memoriam

METAMORPHOSIS

Kenji Yoshino*

  “But always, always, / A man must wait the final day, and no man / Should ever be called happy before burial.” So warns the narrator of Ovid’s Metamorphoses, in recounting how Cadmus founded Thebes. This dark pronouncement underscores the caprice of fate, to which Cadmus himself would fall prey. Were Robert Ferguson here, […]

Administrative Law
Note

THE CO2 MONETIZATION GAP: INTEGRATING THE SOCIAL COST OF CARBON INTO NEPA

Anthony R. Raduazo*

This Note examines the disparate treatment of greenhouse gas (GHG) emissions in the regulatory cost–benefit analysis and the National Environmental Policy Act (NEPA) review contexts. In Zero Zone, Inc. v. United States Department of Energy, the Seventh Circuit upheld the use of the social cost of carbon (SCC) when agencies consider GHG emissions in their cost–benefit analyses. At the same time, courts have almost uniformly rejected[...]