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    Managing the Groundwater Governance Gap

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    You have probably heard that we are running out of groundwater. Headline after headline tells us that the United States is running dry. Wells in the arid southwest are going deeper, chasing after an ever-decreasing amount of water. Cracks in the Earth are the scars of our obsession with groundwater, over-pumped and over-relied upon for…

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    No, Really, Civil Procedure Matters: Look at the State and Local Climate Cases

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                Civil procedure has the reputation of being—how do I put this delicately?—the least interesting of the first year required law school courses. I cannot tell you how many times students have told me, “I heard civpro was going to be boring.” And that doesn’t count what students don’t say to my face. To be…

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    Good Lawyering: Oral Arguments in Baltimore

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                When I teach, I make frequent use of the Supreme Court’s oral argument audios. I find them a nice supplement to the cases themselves, a way for students to understand the stakes and challenges the lawyers confronted. And they can make the Justices come alive in ways their writing sometimes cannot: Justice Kagan’s temperate…

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    Justice Kagan and Judicial Conversationalism

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    Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg achieved national folk-hero status for their writing styles. Most palpably so when in dissent, the Justices’ opinions unleashed acerbic wit in support of their respective principles. Their stylistic idiosyncrasies earned the Justices pop culture cachet and, I can attest, the eternal gratitude of 1Ls attempting to…