Law Commons^™

Adjudication As Representation, Christopher J. Peters

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This Article sets forth an interpretive theory of adjudicative lawmaking according to which, under certain conditions, such lawmaking ensures constructive participation through interest representation and thus is not inherently nondemocratic. The author contends that the idea of ‘judicial activism,‘ courts deciding issues better left to political processes or substituting the personal ‘values‘ of judges for law, is based on the incorrect assumptions that courts are unconstrained and nonrepresentative. Instead, when adjudication operates in an archetypal way, it produces law in a manner similar to the parliamentary legislation process. Courts making law are constrained by the process of participatory decisionmaking--the production …

Reforming The Federal Criminal Code: A Top Ten List, Paul H. Robinson

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No abstract provided.

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

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No abstract provided.

Public Choice And The Future Of Public-Choice-Influenced Scholarship, David A. Skeel Jr.

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No abstract provided.

An Economic Analysis Of Trade Measures To Protect The Global Environment, Howard F. Chang

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In this article, Professor Howard Chang addresses the role of trade restrictions in supporting policies to protect the global environment and proposes a more liberal treatment of these environmental trade measures than that adopted by dispute-settlement panels of the General Agreement on Tariffs and Trade (GATT). The GATT Secretariat has recommended that countries like the United States rely on "carrots" rather than "sticks" in order to induce the participation of other countries in multilateral environmental agreements. Professor Chang defends the use of sticks on the ground that they encourage more restrained exploitation of the environment pending a multilateral agreement. First, …

Congressional Control Over Agency Rulemaking: The Nutrition Labeling And Education Act's Hammer Provisions, Elizabeth Magill

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On November 8, 1990, President Bush signed into law the Nutrition Labeling and Education Act of 1990 (NLEA). The law embodied an aggressive agenda, dictating a comprehensive overhaul of food labels. The law clarified and enhanced the Food and Drug Administration's (FDA's) authority to require nutrition labels on foods, and established circumstances under which health claims could be made about the nutritional composition or value of foods. Culminating two years of activity on Capitol Hill, the consideration and passage of the bill coincided with a major initiative at the FDA to overhaul food labeling requirements.

The provision of the NLEA …

Afterword: Labor Law Reform: Waiting For Congress?, Martin H. Malin

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No abstract provided.

The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.

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No abstract provided.

Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager

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No abstract provided.

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

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No abstract provided.

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

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No abstract provided.

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler

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No abstract provided.

An Economic Approach To The Determination Of Injury Under United States Antidumping And Countervailing Duty Law, Michael S. Knoll

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No abstract provided.

Duties To Offset Competitive Advantages, Richard B. Dagen, Michael S. Knoll

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No abstract provided.

Discrimination, Jobs, And Politics, Anita L. Allen

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No abstract provided.

Developments In Law - Toxic Waste Litigation, Howard F. Chang

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No abstract provided.

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

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This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.

Ask And Ye Shall Receive: The Legislative Response To The Northeast Rail Crisis, Henry H. Perritt Jr.

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No abstract provided.

Procedural Rulemaking Under The Judicial Councils Reform And Judicial Conduct And Disability Act Of 1980, Stephen B. Burbank

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No abstract provided.

Wealth Transfers As The Original And Primary Concern Of Antitrust: The Efficiency Interpretation Challenged, Robert H. Lande

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Chicago School antitrust policy rests upon the premise that the sole purpose of antitrust is to promote economic efficiency. This article shows that this foundation is flawed. The fundamental purpose of antitrust is to protect consumers. To protect purchasers from paying supracompetitive prices when they buy goods or services. This is the "wealth transfer," "theft", "consumer welfare" or "purchaser protection" explanation for antitrust.

The article shows that the efficiency view originated in a detailed analysis of the legislative history of the Sherman Act undertaken by Robert Bork. Bork purported to show that Congress only cared about enhancing economic efficiency.

To …

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

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No abstract provided.

Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman

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No abstract provided.

State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick

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No abstract provided.

Job Security And Secondary Boycotts: The Reach Of Nlra 8(B)(4) And 8(E), Howard Lesnick

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No abstract provided.