Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Judges (3)
- Legal History (3)
- Arts and Humanities (2)
- Administrative Law (1)
- American Studies (1)
-
- Constitutional Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Economic Theory (1)
- Economics (1)
- Environmental Law (1)
- History (1)
- Intellectual Property Law (1)
- Legal Studies (1)
- Legal Theory (1)
- Other Law (1)
- Public Law and Legal Theory (1)
- Rhetoric (1)
- Rhetoric and Composition (1)
- Social and Behavioral Sciences (1)
- United States History (1)
- Water Law (1)
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Law
Interpretation And Construction In Altering Rules, Gregory Klass
Interpretation And Construction In Altering Rules, Gregory Klass
Georgetown Law Faculty Publications and Other Works
This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …
Constitution Day 2012: The American Judiciary, Robert Berry
Constitution Day 2012: The American Judiciary, Robert Berry
Librarian Publications
Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.
The Once And Future Challengesof American Federalism:The Tug Of War Within, Erin Ryan
The Once And Future Challengesof American Federalism:The Tug Of War Within, Erin Ryan
Scholarly Publications
This essay is drawn from a lecture for the “Ways of Federalism” conference (University of the Basque Country, October 19, 2011) and a new book, "Federalism and the Tug of War Within" (Oxford, 2012) (http://ssrn.com/abstract=1991612), which explores how constitutional interpreters struggle to reconcile the core tensions within American federalism. The essay reviews the current challenges of the American federal system through the theoretical lens developed in the book, focusing on the role of state-federal bargaining within the U.S. federal system. It appears as a chapter in a book of selected conference proceedings, The Ways of Federalism in Western Countries and …
The Judicial Assault On The Clean Water Act, Mark Squillace
The Judicial Assault On The Clean Water Act, Mark Squillace
Publications
No abstract provided.
Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass
Meaning, Purpose, And Cause In The Law Of Deception, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Laws designed to affect the flow of information take many forms: rules against misrepresentation, disclosure requirements, secrecy requirements, rules governing the formatting or packaging of information, and interpretive rules designed to give people new reasons to share information. Together these and similar rules constitute the law of deception: laws that aim to prevent or cure deception. One encounters similar problems of design, function and justification throughout the law of deception. Yet very little has been written about the category as a whole. This article begins to sketch a general theory. It identifies three regulatory approaches. Interpretive laws, such as common …