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Corporate Sustainability Disclosures in American Case Law: Purposeful or Mere “Puffery”?

Julie Rose

March 27th 2020

Recent years have shown an uptick in lawsuits involving sustainability disclosures, or lack thereof, by companies. In the United States, litigation involving sustainability disclosures has primarily arisen in two statutory contexts: securities fraud (federal law) and consumer protection or consumer fraud (state and federal law). Essentially, these cases involve allegations ...

The Federal Government Has an Implied Moral Constitutional Duty to Protect Individuals from Harm Due to Climate Change: Throwing Spaghetti against the Wall to See What Sticks

Julie Rose

March 27th 2020

The continuing failure of the federal government to respond to the growing threat of climate change, despite affirmative duties to do so, creates a governance vacuum that the Constitution might help fill, if such a responsibility could be found within the document. This Article explores textual and non-textual constitutional support ...

Can You Hear the Rivers Sing? Legal Personhood, Ontology, and the Nitty-Gritty of Governance

Julie Rose

March 27th 2020

In 2017, multiple claims and declarations from around the legal world appeared to signal a tipping point in the global acceptance of a new and evolving legal status for nature. Whether it was litigation in the United States, India, and Colombia, or legislation emanating from New Zealand and Australia, the ...

The Faux Scholarship Foundation of the Regulatory Rollback Movement

Julie Rose

March 27th 2020

With the full participation and consent of Congress, President Trump has embarked upon a radical project to freeze and roll back federal regulations that protect public health, safety, the environment, and the economy. The principal justification for this project, publicly announced by both Congress and President Trump, is the claim ...

Whose Lands? Which Public? The Shape of Public-Lands Law and Trump’s National Monument Proclamations

Julie Rose

March 27th 2020

President Trump issued a proclamation in December 2017 purporting to remove two million acres in southern Utah from national monument status, radically shrinking the Grand-Staircase Escalante National Monument and splitting the Bears Ears National Monument into two residual protected areas. Whether the President has the power to revise or revoke ...

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