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Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure Oct 2017

Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure

Marquette Benefits and Social Welfare Law Review

I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and regulatory environment at …


The Prosecution Of Climate Change Dissent Oct 2017

The Prosecution Of Climate Change Dissent

Marquette Benefits and Social Welfare Law Review

A May 2015 op-ed in the Washington Post by Sen. Sheldon Whitehouse (D. RI) accused the fossil fuel industry of funding a campaign to mislead Americans about the environmental harm caused by carbon pollution. The Attorney Generals of New York and Massachusetts began investigating Exxon Mobil. We look at these two investigations through the lenses of the federal mail and wire fraud statutes (at issue in the racketeering case against big tobacco), and the First Amendment.

We analyze the difficulty of prosecuting someone under the federal mail and wire fraud statutes for expressing an opinion, and discuss why scientific statements …