Jack Lienke
@jacklienke.bsky.social
Associate Professor, UConn Law
Pinned
Jack Lienke
@jacklienke.bsky.social
· Sep 9
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...
www.yalelawjournal.org
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-...
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-...
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...
www.yalelawjournal.org
September 9, 2025 at 4:04 PM
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-...
Reposted by Jack Lienke
"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."
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
papers.ssrn.com
May 22, 2025 at 2:44 PM
"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."
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....
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
papers.ssrn.com
April 22, 2025 at 3:47 PM
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....
Reposted by Jack Lienke
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)
April 22, 2025 at 2:00 PM
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)
Reposted by Jack Lienke
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.
Associate Counsel, Strategic Legal Advocacy
Earthjustice is looking for an early-career attorney to join the Strategic Legal Advocacy team as an Associate Counsel.
earthjustice.org
March 21, 2025 at 5:36 PM
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.
Reposted by Jack Lienke
MANY CONGRATULATIONS to @madisoncondon.bsky.social for winning (one of) the ALI Early Career Scholars Medal!!!
www.ali.org/news/article...
www.ali.org/news/article...
Early Career Scholars Medal Winners Announced
www.ali.org
March 11, 2025 at 4:12 PM
MANY CONGRATULATIONS to @madisoncondon.bsky.social for winning (one of) the ALI Early Career Scholars Medal!!!
www.ali.org/news/article...
www.ali.org/news/article...
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....
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
papers.ssrn.com
March 2, 2025 at 1:27 PM
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....
Thinking about this one and getting a stomach ache
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
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.
harvardlawreview.org
February 4, 2025 at 1:46 PM
Thinking about this one and getting a stomach ache
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
Remember when the political news was mostly boring for a few years? That was nice.
November 14, 2024 at 8:45 PM
Remember when the political news was mostly boring for a few years? That was nice.
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...
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.
www.nytimes.com
October 17, 2024 at 12:20 PM
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...
Reposted by Jack Lienke
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:
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:
Should You Trust Zillow’s Climate Risk Data?
It’s flawed, but not worthless. Here’s how you should think about it.
heatmap.news
October 15, 2024 at 1:48 AM
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:
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:
Hard look review, post-Ohio v. EPA:
October 14, 2024 at 7:35 PM
Hard look review, post-Ohio v. EPA:
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....
August 29, 2024 at 6:49 PM
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....
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.
June 28, 2024 at 9:43 PM
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.
Reposted by Jack Lienke
⚖️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)
(got it from bloomberg; opinion doesn't seem to be on the web yet)
October 18, 2023 at 8:49 PM
⚖️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)
(got it from bloomberg; opinion doesn't seem to be on the web yet)