Putting the Public Back in the Public Trust Doctrine: A Reinterpretation to Advance Native Hawaiian Water Rights

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Abstract: The public trust doctrine guarantees that the government will hold natural resources in trust and protect them for the common good. The doctrine has played a key role in…

A Good Death: End-of-Life Lawyering Through a Relational Autonomy Lens

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Abstract: Death is difficult—even for lawyers who counsel clients on end-of-life planning. The predominant approach to counseling clients about death relies too heavily on traditional notions of personal autonomy and…
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Surprises in the Skies: Resolving the Circuit Split on How Courts Should Determine Whether an “Accident” is “Unexpected or Unusual” Under the Montreal Convention

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Abstract: Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes liability onto air carriers for certain injuries and damages from “accidents” incurred by passengers during…

Following the Science: Judicial Review of Climate Science

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Abstract: Climate change is the greatest existential crisis of our time. Yet, to date, Congress has failed to enact the broad-sweeping policies required to reduce greenhouse gas emissions at the…
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A Loophole in the Fourth Amendment: The Government’s Unregulated Purchase of Intimate Health Data

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Abstract: Companies use everyday applications and personal devices to collect deeply personal information about a user’s body and health. While this “intimate health data” includes seemingly innocuous information about fitness activities…
Suzzallo Library

When Patent Litigators Become Neurosurgeons

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Abstract: Patent law is where the law meets the most cutting-edge and innovative technology of its time. Usually, subject matter experts, with the help of lawyers, are the ones applying…
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