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Full-Text Articles in Law
"Meet The New Boss": The New Judicial Center, Mark V. Tushnet
"Meet The New Boss": The New Judicial Center, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
A document entitled ‘Guidelines on Constitutional Litigation’ published in 1988 by the Reagan era Department of Justice is the springboard for Professor Tushnet's discussion of the Supreme Court's "new center. " The Guidelines urged Department of Justice litigators to foster a nearly exclusive reliance on original understanding in constitutional interpretation and to resort to legislative history only as a last resort. The Guidelines also advised Department of Justice litigators to seek substantive legal changes including more restrictive standing requirements, an end to the creation of unenumerated individual rights, greater constitutional protection of property rights, and greater limits on congressional power. …
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Human Nature, The Laws Of Nature, And The Nature Of Environmental Law, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The essay is divided into three parts. Part I considers the ways in which the need for environmental law derives from the tendency of human nature to cause adverse environmental consequences and the ways in which the laws of nature make it more difficult to prevent those consequences absent the imposition of external legal rules. Part II describes how our nation's lawmaking institutions are similarly challenged by the laws of nature. This includes a discussion of how the kinds of laws necessary to bridge the gap between human nature and the laws of nature are systematically difficult for our lawmaking …