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Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr. Aug 2007

Challenges In Law Making In Mass Societies, Geoffrey C. Hazard Jr.

Louisiana Law Review

No abstract provided.


The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur Jul 2007

The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur

Indiana Journal of Global Legal Studies

This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is no longer just a new version of the administrative decision; it is now used as a means in a broad process of breaking up the permeability of public administration. New modes of contracting are a response to increasing fragmentation of interests in industry and in society as a whole. This evolution has also given rise to the concept of the …


Prescribed By Law/Une Règle De Droit, Robert Leckey Jul 2007

Prescribed By Law/Une Règle De Droit, Robert Leckey

Osgoode Hall Law Journal

In Multani, the Supreme Court of Canada's kirpan case, judges disagree over the proper approach to reviewing administrative action under the Canadian Charter of Rights and Freedoms. The concurring judges questioned the leading judgment, Slaight Communications, on the basis that it is inconsistent with the French text of section I. This disagreement stimulates reflections on language and culture in Canadian constitutional and administrative law. A reading of both language versions of section 1, Slaight, and the critical scholarship 'reveals a linguistic dualism in which scholars read one version of the Charter and of the judgment and write about them in …


Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur May 2007

Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur

Vanderbilt Law Review

Consider the following situation: In late 2004, towards the end of President George W. Bush's first term, the National Highway Transportation Safety Administration ("NHTSA"), pursuant to its congressionally delegated authority, promulgates a rule that would relax inspection and testing regimes for automobile manufacturers- thereby saving those firms substantial amounts of money-if the manufacturers independently deployed cutting-edge vehicle safety technology. The research and development of this technology will require significant up-front expenditures, and automobile manufacturers must decide whether to invest the funds necessary to bring the technology to market. However, the cost-benefit analysis is not so straightforward. The predicament, as the …


A Bridge Too Far?: The Need For A Hard Look At South Carolina's New Coastal Island Regulations, John P. Harper Iii Apr 2007

A Bridge Too Far?: The Need For A Hard Look At South Carolina's New Coastal Island Regulations, John P. Harper Iii

South Carolina Law Review

No abstract provided.


Layman V. State: The South Carolina Supreme Court's Response To Retroactive Legislation And The Establishment Of A New Principle On Statutorily Created Employment And Retirement Contracts, Christina E. Lollar Apr 2007

Layman V. State: The South Carolina Supreme Court's Response To Retroactive Legislation And The Establishment Of A New Principle On Statutorily Created Employment And Retirement Contracts, Christina E. Lollar

South Carolina Law Review

No abstract provided.


Public Health Law As Administrative Law: Example Lessons, Edward P. Richards Jan 2007

Public Health Law As Administrative Law: Example Lessons, Edward P. Richards

Journal of Health Care Law and Policy

No abstract provided.


Beyond Compensation: Using Torts To Promote Public Health, Elizabeth A. Weeks Jan 2007

Beyond Compensation: Using Torts To Promote Public Health, Elizabeth A. Weeks

Journal of Health Care Law and Policy

No abstract provided.


International Delegations And Administrative Law, Kristina Daugirdas Jan 2007

International Delegations And Administrative Law, Kristina Daugirdas

Maryland Law Review

No abstract provided.


Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford Jan 2007

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.