For much of the past eighty years, courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal-era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” a fixed and legalistic boundary between federal and state regulators. Rossi explores how three recent Supreme Court decisions limit dual sovereignty’s role as the organizing federalism principle under energy statutes. These recent decisions do not approach federal–state jurisdiction as an either/or proposition, but instead recognize it is concurrent for many energy transactions. Concurrent jurisdiction opens up a brave new path of possibilities for energy federalism but also has been a target of criticism, including in Justice Scalia’s last published dissent. Rossi defends concurrent jurisdiction as consistent with the language, history, structure, and primary purposes of energy statutes.
is a tax haven, and why are they bad?—before finally commenting on the prescriptions Zucman offers for battling unreported wealth. Read More
decommissioning across U.S. jurisdictions, before finally discussing common pitfalls of current decommissioning law and suggesting how these pitfalls are best avoided.
The Texas Law Review is proud and excited to announce the Editorial Board for Volume 96. The members of Volume 95 are happy to pass the torch to such a fantastic group of people. View the Volume 96 Editorial board Masthead.
The Texas Law Review, the Robert S. Strauss Center for International Security and Law at the University of Texas at Austin, and the Lieber Institute for Law & Land Warfare at the United States Military Academy are hosting a symposium on the soon-to-be-released Tallinn Manual 2.0. Visit www.tallinnmanualsymposium.com for more information and registration.
The Texas Law Review is proud to announce its volume 95 membership! Congratulations to all our new members, and welcome to TLR! The Masthead is now available for download.
The Texas Law Review is proud to announce its volume 94 membership! Congratulations to all our new members, and welcome to TLR! The Masthead is now available for download.