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University of Connecticut paper “An Introduction to Climate Change Liability Litigation and a View to the Future”

An article by Michael Gerrard and Joseph Macdougald on the advancement of climate change litigation. It explores two approaches to climate change litigation; the first is to use the federal regulatory apparatus and the second is to use the tort system. The article explores key questions in climate change litigation such as, who is responsible […]

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Kerr paper “A Justice’s Surprise That Has Stood Its Ground: The Enduring Value of the Commercial Speech Doctrine’s Powellian Balance

A paper by scholar Robert Kerr on corporate free speech and the role various entities, including fossil fuel companies, have played in establishing the legal basis for it. One of the most important concepts of modern commercial speech related to advertising, characterized as the “Powellian balance,” resulted in a compromise between those who thought commercial […]

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ExxonMobil Kasky Brief

In 2003, ExxonMobil and fellow corporate “amici” filed a brief in support of Nike in a free speech case before the Supreme Court called Nike v. Kasky. The case centered around media reports about Nike using sweatshop labor and Nike’s assertions that its labor practices were fair and equitable. A California man named Mark Kasky […]

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