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Articles 31 - 35 of 35
Full-Text Articles in Law
Institutional Design And The Lingering Legacy Of Antifederalist Separation Of Powers Ideals In The States, Jim Rossi
Vanderbilt Law School Faculty Publications
This Article applies comparative institutional analysis to separation of powers under state constitutions, with a particular focus on the nondelegation doctrine and states' acceptance of Chadha-like restrictions on legislative oversight. The Article begins by contrasting state and federal doctrine and enforcement levels in each of these separation of powers contexts. Most state courts, unlike their federal counterparts, adhere to a strong nondelegation doctrine. In addition, many states accept (de facto if not de jure) even more explicit and sweeping legislative vetoes than the federal system. The Article highlights the contrast of federal and state approaches by identifying their similarity with …
The American Criminal Jury, Nancy J. King
The American Criminal Jury, Nancy J. King
Vanderbilt Law School Faculty Publications
As juries become both less common and more expensive, some have questioned the wisdom of preserving the criminal jury in its present form. The benefits of the jury are difficult to quantify, but jury verdicts continue to earn widespread acceptance by the public and trial by jury remains a cherished right of most Americans. In any event, many basic features of the criminal jury in the United States cannot be modified without either constitutional amendment or radical reinterpretations of the Bill of Rights. Judges and legislators continue to tinker within constitutional confines, some hoping to improve the jury trial by …
Sustainable Development: A Five-Dimensional Algorithm For Environmental Law, J.B. Ruhl
Sustainable Development: A Five-Dimensional Algorithm For Environmental Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article describes sustainable development as involving five dimensions: environment, economy, equity, time, and space (or scale). I suggest that the complexity inherent in balancing these five dimensions demand algorithmic approaches like those being explored in complex adaptive systems theory.
The Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the underpinnings of federal constitutional design.
An Empirical Evaluation Of Specialized Law Reviews, Tracey E. George, Chris Guthrie
An Empirical Evaluation Of Specialized Law Reviews, Tracey E. George, Chris Guthrie
Vanderbilt Law School Faculty Publications
The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.