Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (1)
- Agencies (1)
- Alien Tort (1)
- CSR (1)
- Clean Water Act (1)
-
- Coal bed methane (1)
- Concurrence (1)
- Constitutional Interpretation (1)
- Corporate social responsibility (1)
- Corporations (1)
- Courts (1)
- Dissent (1)
- Eminent domain (1)
- Environmental Law (1)
- Human rights (1)
- International Law and International Relations (1)
- International law (1)
- Jurisprudence (1)
- Kiobel (1)
- Land use (1)
- Law & Economics (1)
- Law and Economics (1)
- Marks (1)
- Nuisance (1)
- Plurality (1)
- Precedent (1)
- Property (1)
- Property, Administrative, and Natural Resources & Environmental Law (1)
- Public land use regulation (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …