Jack Lienke
@jacklienke.bsky.social
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Associate Professor, UConn Law
pinned post!
Out now in the Yale Law Journal Forum: "Every Court Everywhere All at Once," in which I try to make the phrase "multiversal forum shopping" happen.
www.yalelawjournal.org/forum/every-...
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Every Court Everywhere All at Once
Rulemaking agencies have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their risk of getting sued. They do now, thanks to...
https://www.yalelawjournal.org/forum/every-court-everywhere-all-at-once
7 months ago
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reposted by
Jack Lienke
Madison Condon
6 days ago
people may have noticed that
@vsrikrish.bsky.social
and I worked ourselves into a real tizzy last month over something called "RCP 8.5." Thank you to
@progressivereform.bsky.social
for giving us space and words to explain why! TLDR: RCP8.5 is totally useful and not deceptive or misleading actually
add a skeleton here at some point
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So, either the final scene of War Games isn’t in the training data or it *is* in the training data and the LLMs are playing the role of “military AI that hasn’t yet learned tic tac toe”?
add a skeleton here at some point
about 1 month ago
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One of these things is not like the others
about 2 months ago
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i'm not using legislative history. please don't put in the newspaper that I'm using legislative history.
about 2 months ago
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Things that make you go hmmm?
about 2 months ago
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Everything is depressing except this Floyd Collins clip I made my Property students watch after we discussed Edwards v. Sims. The case is a fight over ownership of a cave. The clip is a gorgeous ode to first possession.
youtu.be/0_2WVfmNN4g?...
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SNEAK PEEK of FLOYD COLLINS, coming to Broadway this spring!
YouTube video by Lincoln Center Theater
https://youtu.be/0_2WVfmNN4g?si=dd5iUWdUOC81y-TV
about 2 months ago
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reposted by
Jack Lienke
Madison Condon
3 months ago
one defense of CBA has always been that it forces admins to be explicit about their values.... "Over the past four decades, Republican and Democratic administrations have used different estimates of the monetary value of a human life... But until now, no administration has counted it as zero."
add a skeleton here at some point
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I love that the justification for assigning zero quantitative value to health benefits is that they're uncertain. Because there's obviously no uncertainty on the compliance-cost side of the ledger. No need to worry about "false precision" there.
www.nytimes.com/2026/01/12/c...
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E.P.A. to Stop Considering Lives Saved When Setting Rules on Air Pollution
https://www.nytimes.com/2026/01/12/climate/trump-epa-air-pollution.html?unlocked_article_code=1.D1A.vjI5.s6lUdX1N66CQ&smid=nytcore-android-share
3 months ago
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Out now in the Yale Law Journal Forum: "Every Court Everywhere All at Once," in which I try to make the phrase "multiversal forum shopping" happen.
www.yalelawjournal.org/forum/every-...
loading . . .
Every Court Everywhere All at Once
Rulemaking agencies have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their risk of getting sued. They do now, thanks to...
https://www.yalelawjournal.org/forum/every-court-everywhere-all-at-once
7 months ago
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reposted by
Jack Lienke
Kati Kovacs
11 months ago
"In Ohio v. EPA, the Court faulted the agency for not adequately grappling, at the time of rulemaking, with at least some subset of the millions of alternate futures that judicial intervention could create."
@jacklienke.bsky.social
"explores its troubling implications for future rulemaking."
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Every Court Everywhere All at Once: <i>Ohio v. EPA</i> and the Litigation Multiverse
Agencies issuing rules have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their r
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5161723&dgcid=ejournal_htmlemail_u.s.%3Aadministrative%3Alaw%3Aejournal_abstractlink
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Very happy to see my article Justifying Redistributive Regulations achieve its final form in the Michigan Journal of Law Reform!
papers.ssrn.com/sol3/papers....
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Justifying Redistributive Regulations
<p><span>Conventional cost-benefit analysis asks whether a regulation’s total benefits exceed its total costs but not whether those benefits and costs are distr
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4934048
12 months ago
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reposted by
Jack Lienke
Natalie Jacewicz
12 months ago
Would like to take this Earth Day to issue final warning to all birds with feather-covered beaks. Looks weird; cut it out. You’ve been warned. (Pictured: great eared nightjar; Great Potoo)
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reposted by
Jack Lienke
Kirti Datla
about 1 year ago
In re: absolutely nothing going on in the world: The SLA team at Earthjustice is looking for an early-career attorney to join us as an Associate Counsel. DC preferred. 1-5 years of experience including any clerkships. Salary is based on experience; range is $106,400-$125,300 in DC.
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Associate Counsel, Strategic Legal Advocacy
Earthjustice is looking for an early-career attorney to join the Strategic Legal Advocacy team as an Associate Counsel.
https://earthjustice.org/job/associate-counsel-strategic-legal-advocacy
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Quite the arc
about 1 year ago
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reposted by
Jack Lienke
Leah Litman
about 1 year ago
MANY CONGRATULATIONS to
@madisoncondon.bsky.social
for winning (one of) the ALI Early Career Scholars Medal!!!
www.ali.org/news/article...
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Early Career Scholars Medal Winners Announced
https://www.ali.org/news/articles/early-career-scholars-medal-winners-announced
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I'm thrilled to share that Every Court Everywhere All at Once--my essay on last summer's weirdest admin decision, Ohio v. EPA--is now forthcoming in the Yale Law Journal Forum.
papers.ssrn.com/sol3/papers....
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Every Court Everywhere All at Once: <i>Ohio v. EPA</i> and the Litigation Multiverse
Agencies issuing rules have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their r
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5161723
about 1 year ago
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Thinking about this one and getting a stomach ache
harvardlawreview.org/print/vol-13...
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The Endgame of Administrative Law: Governmental Disobedience and the
Scholars of administrative law focus overwhelmingly on lawsuits to review federal government action while assuming that, if plaintiffs win such lawsuits, the government will do what the courts say.
https://harvardlawreview.org/print/vol-131/the-endgame-of-administrative-law/
about 1 year ago
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Remember when the political news was mostly boring for a few years? That was nice.
over 1 year ago
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I’m old enough to remember law profs and journalists struggling in 2016 to identify any precedent for SCOTUS’s emergency stay of the Clean Power Plan. Eight years later, it’s major news when the Court *doesn’t* cut the D.C. Circuit in line to block an EPA rule.
www.nytimes.com/2024/10/16/u...
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Supreme Court Allows E.P.A. to Limit Power Plant Emissions
It was a provisional victory for the Biden administration, whose climate initiatives have been stymied. A challenge to the rule at issue is still moving through a lower court.
https://www.nytimes.com/2024/10/16/us/supreme-court-epa-emissions.html
over 1 year ago
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reposted by
Jack Lienke
Robinson Meyer
over 1 year ago
Zillow users will soon see a “climate risk” rating for each home. The ratings are potentially a big deal and could shape buying decisions. But are they accurate? And if not, how should home buyers think about climate risk? I spoke with
@madisoncondon.bsky.social
and
@michaelwara.bsky.social
:
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Should You Trust Zillow’s Climate Risk Data?
It’s flawed, but not worthless. Here’s how you should think about it.
https://heatmap.news/guides/zillow-climate-risk-flooding-fire
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Hard look review, post-Ohio v. EPA:
over 1 year ago
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Delighted to share – several months late – that my article Justifying Redistributive Regulations will be published later this year in the Michigan Journal of Law Reform and that the current draft is up on
@ssrn.bsky.social
:
papers.ssrn.com/sol3/papers....
over 1 year ago
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I can’t quite believe it, but today is my last at NYU Law’s Institute for Policy Integrity. Working at Policy Integrity for the past decade (!) has been a privilege and a joy. I grew up here as a lawyer, and I’ll sorely miss the kind and talented colleagues and students who’ve taught me so much.
almost 2 years ago
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reposted by
Jack Lienke
Ann M. Lipton
over 2 years ago
⚖️CA5 just upheld NASDAQ's comply-or-explain board diversity rule and I gotta tell you the part of the opinion I find interesting is this one - bc it's gonna be important for climate change disclosure (if and when that ever happens): (got it from bloomberg; opinion doesn't seem to be on the web yet)
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