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Full-Text Articles in Law
Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney
Walling Out: Rules And Standards In The Beach Access Context, Timothy M. Mulvaney
Faculty Scholarship
The overwhelming majority of U.S. states facially allocate exclusionary rights and access privileges to beaches by categorically deciding whom to wall in and whom to wall out. In the conventional terms of the longstanding debate surrounding the design of legal directives, such “rules” are considered substantively determinant ex ante and, in application, analogically transparent across similarly situated cases. Only a small number of jurisdictions have adopted “standards” in the beach access context, which—again, on the conventional account—sacrifice both determinacy and transparency for the ability to accommodate ex post the complexities of individual cases. This Article contends that beach access policy …
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Symmetry’S Mandate: Constraining The Politicization Of American Administrative Law, Daniel E. Walters
Faculty Scholarship
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over the meaning of statutes—disputes the critics take to be purely legal and almost always resolvable using lawyerly tools of statutory construction. In this Article, I take these critiques, and the relatively formalist assumptions behind them, seriously and show that the critics have not acknowledged or advocated the full reform vision implied by their theoretical premises. Specifically, critics have extended their critique of judicial …
The Emerging Legal Architecture For Social Justice, Luz E. Herrera, Louise G. Trubek
The Emerging Legal Architecture For Social Justice, Luz E. Herrera, Louise G. Trubek
Faculty Scholarship
Lawyers advocating for social change are now front and center in newspapers and social media. This article discusses how a new breed of progressive lawyers envision social justice law practice today. These “critical lawyers” are diverse in background, gender, ethnicity and race. They see law as a complex, contradictory tool rather than a necessary and sufficient route to justice. Their practices differ from the traditional non-profit public interest firms of the earlier generation that assumed justice would result if law and lawyers were accessible. To highlight the differences, the article discusses the law practices of Beyond Legal Aid, Law for …