Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen
Sam Kalen Mr.
The Supreme Court’s recent decision in AEP v. Connecticut, as well as a prominent Seventh Circuit case last year, reflect an emerging effort to test the federal judiciary’s willingness to expand the federal common law to include claims for interstate pollution. There is an assumption, including by the Supreme Court, that a federal common law for public nuisance exists, and that the pressing question is whether to expand that common law. Building on existing scholarship and a more thorough review of the cases than has occurred in the past, this article attempts to prompt a searching dialogue about the jurisprudential …
Why Roe V. Wade Is Wrong, Richard Maloy