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Articles 1 - 4 of 4
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Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.
This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple with …
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Donald J. Kochan
The land one holds is generally only as good as the property rights contained in the deed.
The rights contained in the deed are only as good as the ability to get those rights enforced.
And, the enforcement is only valuable if it recognizes a determinate meaning in the deeds from
the point of conveyance. This Article pens the term “determinacy norm” to explain a collection
of rules for the interpretation of deed terms that aim to make the meaning of deed terms determinate.
I contend that, in order to satisfy the determinacy norm for deed interpretation,
courts must (and …
The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan
The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan
Donald J. Kochan
Debates have intensified in recent years about the utility of legal scholarship generally, and international law scholarship has not been immune from some specific, targeted scrutiny. Yet few fields of legal scholarship have a history like international law scholarship, where the courts and other authorities have identified scholars of international law as holding a special place of privilege and stature in the interpretation of international law. This essay examines the unique role of international law scholarship in the interpretation of international law by courts and other authorities. Furthermore, through various data compilations and the depictions of trends in more than …
Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan
Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan
Donald J. Kochan
This short essay was written for the Touro Law Review’s Associate Dean’s Symposium on “Student-Edited Law Reviews: Future Publication Platforms.” It maintains that the Associate Dean for Research has a responsibility to shape and develop the scholarly culture and intellectual life of the law school. Part of that charge should be to aid the student-edited law reviews in their contribution to that enterprise and to help those reviews evolve. In addition to their pedagogical value for the students (developing editing, reasoning, research, and writing skills), these reviews play a part in sending signals to the outside world of the scholarly …