No. 2

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...

Employers seeking to test job applicants for strength or speed while adhering to the mandates of Title VII often use gender-normed physical-ability tests. Gender-normed tests set different raw cutoffs for male and female applicants such that each class would be expected to have rough­ly equal pass rates. This practice has helped employers—especially law enforcement agencies—retain physical hiring standards while miti­gating their disparate...

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...