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Articles 631 - 660 of 2667
Full-Text Articles in Law
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
Faculty Articles and Other Publications
Part I of this article will provide a brief introduction to section 404 of the Clean Water Act. Part II will examine the Tulloch rule. Part III will examine the district court's opinion. Finally, part IV will demonstrate that section 404(a) is ambiguous regarding whether incidental fallback from dredging may in some circumstances constitute disposal under the statute and, accordingly, that under the Chevron doctrine the district court erred in failing to defer to the agencies' Tulloch rule.
Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro
Analyzing Government Regulation, Joseph P. Tomain, Sidney A. Shapiro
Faculty Articles and Other Publications
Pervasive government regulation, together with its general unpopularity, poses important questions for our polity: Can sense be made out of the seeming chaos of government programs? What are the costs and benefits of government regulation? Is the regulatory state effective in mitigating the economic and social problems that it addresses? Although administrative law scholars recognize these issues, most respond with process reforms, such as greater executive oversight or new methods of statutory interpretation, rather than by articulating substantive answers concerning what should be the substantive goals and norms of the regulatory state. Moreover, law school curricula usually ignore these systemic …
Textualism's Selective Canons Of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, And Deference To Executive Agencies, Bradford Mank
Faculty Articles and Other Publications
This Article demonstrates that textualist Judges, most notably Justices Scalia, Thomas, and, to a lesser extent, Kennedy, have applied some canons too aggressively, and slighted others. Textualist Judges have overused clear-statement rules that narrow statutory meaning, especially as a means to promote federalism and states' rights. On the other hand, textualists have neglected canons that promote individual liberty or executive authority Because canons must be applied on a case-by-case basis and different canons can conflict, it is impossible to formulate one rule for how they should be applied. Nevertheless, the common textualist approach of selectively favoring some canons at the …
Attorneys' And Judges' Needs For Continuing Legal Education On Mental Disability Law: Findings From A Survey, Douglas Mossman Md, Marshall B. Kapp Jd, Mph
Attorneys' And Judges' Needs For Continuing Legal Education On Mental Disability Law: Findings From A Survey, Douglas Mossman Md, Marshall B. Kapp Jd, Mph
Faculty Articles and Other Publications
Attorneys leave law school with limited knowledge and skills
concerning the issues that arise in mental disability law. Yet
psychiatrists and psychologists are appearing with increasing
frequency as witnesses in the nation's courts, and more attorneys
and judges can therefore expect to have to deal with testimony from
mental health professionals. To our knowledge, this article is the
first published assessment of practicing attorneys' and judges'
needs for continuing legal education (CLE) on mental disability
issues.
The 267 Dayton-area attorneys and 41 southwestern Ohio judges
who responded to our mailed survey said that one-seventh of their
cases raise issues related …
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
Faculty Articles and Other Publications
Within the context-even, the challenge-presented by the first chapter of Seymour Wishman's book, Confessions of a Criminal Lawyer, we symposiasts have been invited to say something about the teaching of courses which in law school go under the titles, "Legal Ethics," "Professional Ethics," or "Professional Responsibility." This last is the
title of a two-credit course that I teach, in what I take to be a fairly traditional form, over the span of a semester at the University of Cincinnati. In this essay, I want to talk about the teaching of such a course; not about how I manage to teach …
Bringing The "Real World" To Advance Legal Research, Timothy L. Coggins
Bringing The "Real World" To Advance Legal Research, Timothy L. Coggins
Law Faculty Publications
Nearly all U.S. law schools include an Advanced Legal Research course as an elective course for second and third-year students. The justification for the course is obvious, and proponents of advanced courses have succeeded easily in convincing law school curriculum committees to approve chem. Most Advanced Legal Research courses also use "real-world figures" (guest speakers) ro supplement and enhance the instruction provided by the professors of the courses.3 The experiences and current positions of rhe "real-world" speakers are diverse, including librarians, attorneys, publisher/vendor representatives, and government officials. This article discusses the reasons for using real-world figures in Advanced Legal Research …
Why Quine Is Not A Postmodernist, Brian Leiter
Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner
Parol Evidence Rule, The Plain Meaning Rule, And The Principles Of Contractual Interpretation, Eric A. Posner
Articles
No abstract provided.
The Problematics Of Moral And Legal Theory, Richard A. Posner
The Problematics Of Moral And Legal Theory, Richard A. Posner
Articles
In these Holmes Lectures, delivered a century after the publication of Oliver Wendell Holmes's great essay The Path of the Law, Judge Posner argues for an essentially Holmesian conception of the proper relations among modern normative moral philosophy ("academic moralism"), morality, and law. Academic moralism, he argues, lacks either the intellectual cogency or the emotional power to change people's beliefs or behavior; the power to do so resides in "moral entrepreneurs," which academic moralists emphatically are not. Academic moralism's lack of cogency disqualifies it to guide judicial decisionmaking even - in fact, especially - in cases involving controversial moral issues, …
Why Plain Meaning?, David A. Strauss
How Law Constructs Preferences, Cass R. Sunstein
The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell
The Right To Die And The Jurisprudence Of Tradition, Michael W. Mcconnell
Articles
No abstract provided.
Narrative And Naratology In Classroom And Courtroom, Richard A. Posner
Narrative And Naratology In Classroom And Courtroom, Richard A. Posner
Articles
No abstract provided.
The Art Of Law And Economics: An Autobiographical Essay, William M. Landes
The Art Of Law And Economics: An Autobiographical Essay, William M. Landes
Articles
No abstract provided.
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Is Tobacco A Drug? - Administrative Agencies As Common Law Courts Regulations, Cass R. Sunstein
Articles
Professor Cass Sunstein argues that the FDA has the authority to regulate tobacco products. He considers the text of the Federal Food, Drug, and Cosmetic Act, which supports the FDA assertion, and the context of its enactment, which argues against the FDA. He resolves the tension between text and context in favor of FDA jurisdiction by turning to the emerging role of administrative agencies. In modem government, he contends, administrative agencies have become America's common law courts, with the power to adapt statutory regimes to new facts and new values when the underlying statute is ambiguous. Professor Sunstein's Article, like …
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
The Future Of Law And Economics: Looking Forward, Douglas G. Baird
Articles
No abstract provided.
Employment Law: Courts And Contracts, Richard A. Epstein
Employment Law: Courts And Contracts, Richard A. Epstein
Articles
No abstract provided.
Introduction - The Legitimacy Of Constitutional Courts: Notes On Theory And Practice Feature: Questioning Constitutional Justice: Introduction, Cass R. Sunstein
Introduction - The Legitimacy Of Constitutional Courts: Notes On Theory And Practice Feature: Questioning Constitutional Justice: Introduction, Cass R. Sunstein
Articles
No abstract provided.
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
The First Amendment In The Supreme Court: The Future Lies Ahead, Joel Gora
Faculty Scholarship
No abstract provided.
Commentary [Symposium: Politicians On Judges: Fair Criticism Or Intimidation], Susan Herman
Commentary [Symposium: Politicians On Judges: Fair Criticism Or Intimidation], Susan Herman
Faculty Scholarship
No abstract provided.
Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik
Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik
Faculty Scholarship
No abstract provided.
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Strategies For Preserving The Bankruptcy Trustee's Avoidance Power Against States After Seminole Tribe, Edward J. Janger
Faculty Scholarship
No abstract provided.
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson
Arriving At Reasonable Alternative Design: The Reporters' Travelogue, Aaron Twerski, J. A. Henderson
Faculty Scholarship
No abstract provided.
Housing Abandonment And New York City's Response, David Reiss
Housing Abandonment And New York City's Response, David Reiss
Faculty Scholarship
No abstract provided.
The Autonomy Of Law In Law And Economics, Cass R. Sunstein
The Autonomy Of Law In Law And Economics, Cass R. Sunstein
Articles
No abstract provided.
Comment: Accounting For Norms, Richard H. Mcadams
Standards, Rules, And Social Norms, Eric A. Posner
The Rise And Fall Of Administrative Law, Richard A. Posner
The Rise And Fall Of Administrative Law, Richard A. Posner
Articles
No abstract provided.
Adversary Inferences, Frank H. Easterbrook
The Modern Uses Of Ancient Law, Richard A. Epstein