Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Law

Revitalizing Environmental Federalism, Daniel C. Esty Dec 1996

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …


The Concept Of Law Revisited, Leslie Green May 1996

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition


David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham May 1996

David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham

Michigan Law Review

A Review of David L. Shapiro, Federalism: A Dialogue


Reading The Legal Process, Anthony J. Sebok May 1996

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law


Libertarianism With A Twist, Heidi Li Feldman May 1996

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World


Overcoming Posner, Gerard V. Bradley May 1996

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law


Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey Mar 1996

Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey

Vanderbilt Law Review

Everyone has his own, personal view about what role the United States Supreme Court should play in American political life. Conservatives of the Robert Bork variety prefer that supreme court justices treat congressional enactments with great deference and respect.' Liberals of the Laurence Tribe persuasion like judges to take an active role in ensuring certain individual rights, such as the right to abortion, while giving Congress latitude to regulate in the sphere of economic rights. Libertarians of the Bernard Siegan orientation strenuously deny the difference between economic liberties and other sorts of human rights and would have judges actively protect …


Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo Jan 1996

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.


Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin Jan 1996

Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin

Michigan Journal of Gender & Law

This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …


A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose Jan 1996

A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jan 1996

Table Of Contents

Richmond Public Interest Law Review

The American Presidency in the Twenty-First Century


Editorial Notes, Robert D. Gehringer Jan 1996

Editorial Notes, Robert D. Gehringer

Richmond Public Interest Law Review

The Editorial Board notes the remarkable evolution of the American Presidency during the twentieth century.


The Human Genome Project And The End Of Insurance, Roberta M. Berry Jan 1996

The Human Genome Project And The End Of Insurance, Roberta M. Berry

University of Florida Journal of Law & Public Policy

No abstract provided.


The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites Jan 1996

The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites

University of Florida Journal of Law & Public Policy

No abstract provided.


Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico Jan 1996

Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico

University of Florida Journal of Law & Public Policy

No abstract provided.


Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates Jan 1996

Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates

University of Florida Journal of Law & Public Policy

No abstract provided.


Pariality, Passion, And Prejudice: The Necessity Of Postverdict Judicial Review (Honda Motor Co. V. Oberg, 114 S. Ct. 2331 (1994)), Troy Kubes Jan 1996

Pariality, Passion, And Prejudice: The Necessity Of Postverdict Judicial Review (Honda Motor Co. V. Oberg, 114 S. Ct. 2331 (1994)), Troy Kubes

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: Taxation Of Contraband And Expansion Of The Double Jeopardy Clause (Department Of Revenue Of Montana V. Kurth Ranch, 114 S. Ct. 1937 (1994)), Charles H. Davis Jan 1996

Constitutional Law: Taxation Of Contraband And Expansion Of The Double Jeopardy Clause (Department Of Revenue Of Montana V. Kurth Ranch, 114 S. Ct. 1937 (1994)), Charles H. Davis

University of Florida Journal of Law & Public Policy

No abstract provided.


Is This What They Mean By Sex Education? Keeping Sex Offenders Out Of The Schools, Herbert B. Kaplan Jan 1996

Is This What They Mean By Sex Education? Keeping Sex Offenders Out Of The Schools, Herbert B. Kaplan

University of Florida Journal of Law & Public Policy

No abstract provided.


Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning Jan 1996

Rational Euthanasia: Mortality, Morality, And Assisted Suicide, Charles R. Boning

University of Florida Journal of Law & Public Policy

No abstract provided.


Limits On Marketing Of Attorney Services, Veronica Wooten Brace Jan 1996

Limits On Marketing Of Attorney Services, Veronica Wooten Brace

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: The Reach Of The Commerce Power Over Noncommercial Acts (Cheffer V. Reno, 55 F.2d 1517 (11th Cir. 1995)), Nina Smith Jan 1996

Constitutional Law: The Reach Of The Commerce Power Over Noncommercial Acts (Cheffer V. Reno, 55 F.2d 1517 (11th Cir. 1995)), Nina Smith

University of Florida Journal of Law & Public Policy

No abstract provided.


Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski Jan 1996

Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski

Seattle University Law Review

Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …


Is International Law Fair?, Gerry J. Simpson Jan 1996

Is International Law Fair?, Gerry J. Simpson

Michigan Journal of International Law

Review of Fairness in International Law and Institutions by Thomas M. Franck


Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii Jan 1996

Our Hearts Were Once Young And Gay: Health Care Rationing And The Elderly, George P. Smith Ii

University of Florida Journal of Law & Public Policy

No abstract provided.


Clergy Sexual Malpractice, John H. Arnold Jan 1996

Clergy Sexual Malpractice, John H. Arnold

University of Florida Journal of Law & Public Policy

No abstract provided.


Constitutional Law: Premature Federal Adjudication Through The Plain Statement Rule (Arizona V. Evans, 115 S. Ct. 1185 (1995)), W. Craig Williams Jan 1996

Constitutional Law: Premature Federal Adjudication Through The Plain Statement Rule (Arizona V. Evans, 115 S. Ct. 1185 (1995)), W. Craig Williams

University of Florida Journal of Law & Public Policy

No abstract provided.