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Full-Text Articles in Law
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Technical Capacity, Policymaking And Food Standards: An Overview Of Indian Experience, Nupur Chowdhury, Sanjay Kumar
Nupur Chowdhury
The SPS Agreement in the WTO gives legal validity to the CODEX standards. Since the developed countries have been at the forefront of setting the food standards in the CODEX, the developing countries have been increasingly engaged in the CODEX, and also in the WTO, with an objective to increase their exports of the agricultural and food products. But such objective and desire have often been stymied by the lack of institutions which can sustain the intense technical negotiations at the CODEX. If these participations are not qualitatively satisfactory, the very objective of such participations is not fulfilled. But since …
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank
Faculty Articles and Other Publications
In Massachusetts v. EPA, 127 S. Ct. 1438 (2007), the Supreme Court held that carbon dioxide (CO²) and other greenhouse gases (GHGs) are air pollutants within the meaning of the Clean Air Act (CAA). Although its decision on the merits is important, the Court's conclusion that Massachusetts had standing to file suit because states are entitled to more lenient standing criteria may have a greater impact in the long-term on legal doctrine. In Massachusetts, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent …
The Managerial Turn In Environmental Policy, Cary Coglianese
The Managerial Turn In Environmental Policy, Cary Coglianese
All Faculty Scholarship
No abstract provided.
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …