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Articles 1 - 12 of 12
Full-Text Articles in Law
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
The Press And The Public Interest: An Essay On The Relationship Between Social Behavior And The Language Of First Amendment Theory, Lee C. Bollinger
Michigan Law Review
I would like to explore in this essay one aspect of the contemporary American debate over the theory of freedom of speech and press. The subject I want to address is this: whether the principle of freedom of speech and press should be viewed as protecting some personal or individual interest in speaking and writing or whether it should be seen as fostering a collective or public interest. Sometimes this issue is stated as being whether the first amendment protects a "right to speak" or a "right to hear," though in general the problem seems to be whether we should …
Geography And Law, Bernhard Grossfeld
Geography And Law, Bernhard Grossfeld
Michigan Law Review
The central questions of comparative law are still unsolved: Which legal institutions in what legal cultures can be compared with each other in a meaningful way? What can we learn from comparative law for the solution of our own problems?
This Article will discuss the relations between geography and law. I have already discussed the subject of language and law elsewhere; with regard to religion and law, I refer the reader to the extensive writings of Harold Berman.
International Law As Law In The United States, Louis Henkin
International Law As Law In The United States, Louis Henkin
Michigan Law Review
"International law is part of our law." Justice Gray's much-quoted pronouncement in The Paquete Habana was neither new nor controversial when made in 1900, since he was merely restating what had been established principle for the fathers of American jurisprudence and for their British legal ancestors. And Gray's dictum remains unquestioned today. But, after more than two hundred years in our jurisprudence, the import of that principle is still uncertain and disputed. How did, and how does, international law become part of our law? What does it mean that international law is a part of our law? What is the …
Two Ideas Of International Organization, John H. Barton
Two Ideas Of International Organization, John H. Barton
Michigan Law Review
Political theory has long sought a philosophical basis for such ideas as law, authority, and freedom - but usually within the context of the nationstate. Only rarely has political theory placed the nation-state in an international framework; and, when it has tried, it has often done poorly. Sometimes the political theory becomes purely altruistic and utopian; at other times it works to support the irresponsibility of individual governments and the breakup of international order.
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
University of Richmond Law Review
Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Seattle University Law Review
The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
UIC Law Review
No abstract provided.
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
University of Richmond Law Review
"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.