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Full-Text Articles in Legal History
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater
Zygmunt J.B. Plater
The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law …
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Law And The Fourth Estate: Endangered Nature, The Press, And The Dicey Game Of Democratic Governance, Zygmunt J.B. Plater
Zygmunt J.B. Plater
Building upon the story line of a current book project on the Tellico Dam case, this Essay explores a challenging reality of modern public interest lawyering – the critical role of public perceptions and of the Press’s role in shaping them. Most public interest attorneys come to realize that their lawyering must move simultaneously on two different tracks that determine outcomes – law and public opinion. This double task can be difficult and sometimes impossible. Both tracks require the organization and presentation of facts, but the two contexts can be quite different. A legal case requires proof of each technical …