Issues

Judiciary

Publications

By / 3.20.2017

The bullseye of President Trump’s budget cuts is now clear. Unless Congress asserts itself, the budget of the EPA will be slashed thirty-one percent, more than any other agency. The budgets of the National Oceanographic and Atmospheric Administration and climate change programs within NASA will be similarly decimated. These cuts should not come as a […]

By / 3.15.2016

As Americans choose a new president in 2016, populist anger dominates the campaign. To hear Donald Trump or Senator Bernie Sanders tell it, America is either a global doormat or a sham democracy controlled by the “one percent.” These dark narratives are caricatures, but they do stem from a real dilemma: America is stuck in […]

By / 9.24.2015

Every once in a while, personal injury lawyers come up with new ways to sue that can be real head scratchers. Courts usually weed out these theories, but they get through on occasion. This happened last year in Alabama, where the Alabama Supreme Court held that a company can be subject to liability, not for […]

Press

By / 7.11.2018

President Trump’s nomination of Judge Brett Kavanaugh to fill the seat on the Supreme Court vacated by Justice Anthony Kennedy have left many to wonder: What will replacing an often swing vote with a more conservative one mean for health care? There are many pending cases in lower courts that, if they make it a […]

By / 6.20.2018

Two weeks ago, the U.S. Department of Justice (DOJ) filed a legal brief in support of a Texas lawsuit that would kill one of the most popular provisions of the Affordable Care Act (ACA): the one that ensures people with past medical problems can get affordable health insurance. It’s the latest twist in the Trump administration’s unrelenting […]

By / 6.14.2018

The United States Conference of Mayors met in Boston last week, and a key topic was climate change. Mayors have been looking for ways to exert leadership on this issue, but one idea that should be tossed to the waste bin is suing America’s energy producers over so-called “climate change injuries.” These lawsuits, started by […]

Blog

By / 5.22.2018

The George Mason University’s Law & Economic Center hosted its Twelfth Annual Judicial Symposium on Civil Justice Issues on Monday, May 11, 2018. The program included many pressing topics of liability, including innovator liability against branded pharmaceutical companies, climate change tort cases against energy producers, litigation financing, and the implications of the U.S. Supreme Court’s […]

By / 3.23.2018

Yesterday’s science day in a federal courtroom in San Francisco underscores the problem with the recent spate of climate change tort suits.  These lawsuits, which we recently wrote about in The Hill, seek to impose massive liability against fossil fuel producers for selling energy products, including home heating fuel and gasoline for cars, that many scientists […]

By / 3.1.2018

Environmental activists are once again greeting a Republican administration’s resistance to setting carbon dioxide emission limits with lawsuits. In January, Mayor DeBlasio in New York City followed seven California cities that filed lawsuits over climate change last summer. These lawsuits, though, miss the point and their target. They are not suing the Trump administration. They […]