Under a haze of air pollution and growing public activism, Congress passed the Clean Air Act of 1970 (CAA). Congress included in this Act the country’s first environmental citizen suit provision. The provision had the potential to improve significantly the capacity of environmentally concerned citizens and groups to hold polluting industries accountable. The environmental citizen suit provision authorizes any citizen to bring suit against a private defendant for violating the CAA or against the relevant administrative agency for failing to perform a nondiscretionary CAA duty. This provision has served as an important model: every major environmental statute now includes a similar citizen suit provision?
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
In the twenty-first century, discrimination has become increasingly subliminal, unconscious, and structural. Yet the legal framework for addressing discrimination has ignored this shift, remaining focused on intentional discrimination and reliant on ex post enforcement.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.