Issue Archives

As the impacts of climate change become increasingly severe and perceptible, corporations that continue to disregard the risks created by the Earth’s shifting climate stand to suffer significant financial harm. Particular sectors, such as the oil and gas industry, are especially susceptible to the effects of climate change and are already experiencing losses in value due to extreme weather events, disrupted operations, and environmen­tal regulations....

Faced with potentially staggering human and economic costs, governments around the world are beginning to plan and implement adaptive measures designed to stem the effects of climate change. Some of these adaptations will likely benefit certain property owners and communities at the expense of others. For example, seawalls intended to save valuable parcels of land from sea-level rise could wind up forcing seawater onto neighboring parcels that...

The constitutionally mandated decennial enumeration of the U.S. population is indispensable to the equitable distribution of political and economic resources. As we approach the 2020 Census, however, several factors converge that both undermine how we count change in commu­nities of color and conflict with shifting demographics and power dynamics, making accurate accounting especially urgent. Among these, perhaps most notable is the threatened...

Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presi­dential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional original­ists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it...