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Full-Text Articles in Law
Constitutive Law And Environmental Policy, Holly Doremus
Constitutive Law And Environmental Policy, Holly Doremus
Holly Doremus
No abstract provided.
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus
Holly Doremus
The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …
Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen Subrin, Stephen B. Burbank
Litigation And Democracy: Restoring A Realistic Prospect Of Trial, Stephen Subrin, Stephen B. Burbank
Stephen N. Subrin
In this essay we review some of the evidence confirming, and some of the reasons underlying, the phenomenon of the vanishing trial in federal civil cases and examine some of the costs of that phenomenon for democratic values, including in particular democratic values represented by the right to a jury trial under the Seventh Amendment. We discuss the Supreme Court’s recent pleading decisions in Twombly and Iqbal as examples of procedural attacks on democracy in four dimensions: (1) they put the right to jury trial in jeopardy; (2) they undercut the effectiveness of congressional statutes designed to compensate citizens for …