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Articles 1 - 26 of 26
Full-Text Articles in Law
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.
Washington and Lee Law Review
No abstract provided.
Cost-Benefit Default Principles, Cass R. Sunstein
Cost-Benefit Default Principles, Cass R. Sunstein
Michigan Law Review
Courts should be reluctant to apply the literal terms of a statute to mandate pointless expenditures of effort. . .. Unless Congress has been extraordinarily rigid, there is likely a basis for an implication of de minimis authority to provide exemption when the burdens of regulation yield a gain of trivial or no value. It seems bizarre that a statute intended to improve human health would .. . lock the agency into looking at only one half of a substance's health effects in determining the maximum level for that substance. [I]t is only where there is "clear congressional intent to …
Pinocchio In Littleton, William A. Kell
Pinocchio In Littleton, William A. Kell
University of Michigan Journal of Law Reform
In this Article, Professor Kell proposes a substantial change in policy direction in the wake of school shootings and other tragedies involving young people's abilities to make mature decisions. First, the Article questions the current state of the law which exclusively deems young people to be mature based on "birthdays and bad acts, " rather than on any concept of demonstrated or earned levels of responsibility. Next, an alternative legal framework is envisioned recognizing young people as increasingly competent citizens who must develop psychosocial maturity, including learning how to judge and utilize advice from others such as parents and peers, …
Where Is My Body? Stanley Fish's Long Goodbye To Law, Richard Delgado
Where Is My Body? Stanley Fish's Long Goodbye To Law, Richard Delgado
Michigan Law Review
Stanley Fish, author of Doing What Comes Naturally, Is There a Text in This Class?, There's No Such Thing as Free Speech, and It's a Good Thing, Too, and other paradigm-shifting books, and who recently left law teaching for a position in university administration, has written one last volume giving his colleagues in the profession he left behind something to think about. In his previous work, Fish, who taught English and law at Duke University, addressed central legal issues such as meaning, communication, and textual interpretation, challenging such received wisdoms as that every text has a single, determinate meaning, or …
Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez
Respiratory Care Board, Paul T. Greco, Jessica A. Neyman, Collette C. Galvez
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth
Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth
Board Of Psychology, Jessica A. Neyman, Mary J. Rocco, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy, Jenny K. Li, Charlotte Wilder
Board Of Pharmacy, Jenny K. Li, Charlotte Wilder
California Regulatory Law Reporter
No abstract provided.
The Value Vacuum: Self-Enforcing Regimes And The Dilution Of The Normative Feedback Loop, Claire R. Kelly
The Value Vacuum: Self-Enforcing Regimes And The Dilution Of The Normative Feedback Loop, Claire R. Kelly
Michigan Journal of International Law
This article proposes a modified constructivist theory, which links liberalism and constructivism through the normative feedback loop. Part I briefly explains traditional international relations theories such as realism, institutionalism, liberalism and constructivism. A modified constructivist perspective espouses the presence of two constants: (i) assertion of national preferences by constituents for whom the state acts as an agent in international relations, and (ii) social construction of state identities through interaction with other states in the international arena.
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
Michigan Journal of Gender & Law
This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …
The Rule Of Law In China, Eric W. Orts
The Rule Of Law In China, Eric W. Orts
Vanderbilt Journal of Transnational Law
This Article explores contemporary meanings of the rule of law with a focus on its meaning in Chinese history and tradition, as well as Chinese legal institutions. Part II considers the concept of law in China, from early understandings in Confucianism and Legalism to more recent treatments in Chinese Communism. It also reviews efforts that the People's Republic of China has made in recent decades to strengthen its legal institutions. Part III begins with a discussion of the Western jurisprudential idea of the rule of law and suggests a distinction between two basic understandings: (1) rule by law as an …
A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory
A Drug By Any Other Name Is Still A Drug: Why The Florida Judiciary Should Start Treating Dui As Any Other Drug Offense, Gail Sasnett-Stauffer, E. John Gregory
University of Florida Journal of Law & Public Policy
No abstract provided.
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
Board Of Behavioral Sciences, Stacy Baker, Tasha Soroosh, Collette C. Galvez
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Dental Board Of California, Collette C. Galvez, Peter Sansom
Dental Board Of California, Collette C. Galvez, Peter Sansom
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth
Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources, Mary Jane Angelo
Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources, Mary Jane Angelo
University of Florida Journal of Law & Public Policy
No abstract provided.
A Look Back—One Lawyer's View, W. Dexter Douglass
A Look Back—One Lawyer's View, W. Dexter Douglass
University of Florida Journal of Law & Public Policy
No abstract provided.
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
Sovereign Immunity: Should The Sovereign Control The Purse?, Thomas P. Schlosser
American Indian Law Review
No abstract provided.
The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson
The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson
University of Richmond Law Review
The Roman Emperor Trajan is justly celebrated as an author of several modern civil rights, such as the right to confront one's accusers. But he is most aptly remembered as the ruler who proved that fiduciary government was possible. Following the example of Trajan's reign could improve greatly the standards of American public law.
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Michigan Journal of International Law
In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Michigan Journal of International Law
In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …
Afterword, Mark A. Chinen
Afterword, Mark A. Chinen
Michigan Journal of International Law
The author prefaces the afterword in the following manner: “Professors Goldsmith and Posner have given an insightful reply to my Article. It has been a pleasure to engage in a discussion of these issues with respected colleagues via this exchange of writings, and I am grateful to the Journal for providing the opportunity to do so. Most of the positions I have taken are already adequately discussed in the body of the Article, and this afterword is not intended to summarize all of the arguments made there. However, I wanted to address some of the points Professors Goldsmith and Posner …