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Full-Text Articles in Legal History
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 …
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Zygmunt J.B. Plater
In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political …