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The Architecture Of Law: Building Law In The Classical Tradition, Brian M. McCall 2018 University of Oklahoma

The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall

Brian M McCall

The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages.
Along with McCall’s development of the architectural image, he raises a question that becomes a ...


Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa 2018 University of New Mexico

Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa

Clifford J. Villa

A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.


Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa 2018 University of New Mexico

Es Fema El Problema? Hurricane Maria And The Slow Road To Recovery In Puerto Rico, Clifford Villa

Faculty Scholarship

A critical and sympathetic look at FEMA's work in post-Hurricane Maria Puerto Rico.


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor 2018 Alexander Blewett III School of Law at the University of Montana

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land & Resources Law Review

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...


The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman 2018 Chicago-Kent College of Law

The Light Of Nature: John Locke, Natural Rights, And The Origins Of American Religious Liberty, Steven J. Heyman

Steven J. Heyman

No abstract provided.


Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise, Mary M. Sauer 2018 University of Maine School of Law

Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise, Mary M. Sauer

Maine Law Review

Marine mammals and commercial fishermen come into direct conflict when marine mammals become entangled in commercial fishing nets. Since marine mammals must come up to the water surface in order to breathe, they will die if they cannot break free of an underwater net. This conflict is exemplified by the plight of the harbor porpoise in the Gulf of Maine. The federal regulatory framework that attempts to balance the competing interests of commercial fishermen and marine mammals is currently in flux, and its final form may determine the fate of species like the harbor porpoise. This Comment will examine the ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith 2018 University of New Mexico - Main Campus

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


A New Natural Law Reading Of The Constitution, Santiago Legarre 2018 Louisiana State University Law Center

A New Natural Law Reading Of The Constitution, Santiago Legarre

Louisiana Law Review

The article focuses on how natural law can factor into constitutional interpretation in subtle but significant ways and mentions natural law has two different levels of presence in constitutional law.


Green Justice, The Environment And The Courts, Ruth L. Kovnat 2018 University of New Mexico - Main Campus

Green Justice, The Environment And The Courts, Ruth L. Kovnat

Ruth L. Kovnat

No abstract provided.


Air Pollution, Ruth L. Kovnat 2018 University of New Mexico - Main Campus

Air Pollution, Ruth L. Kovnat

Ruth L. Kovnat

No abstract provided.


Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker 2018 Southern Methodist University

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house ...


Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman 2018 Claremont Colleges

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role ...


The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin 2018 James Madison University

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the ...


The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning, 2017 Selected Works

The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning

Thomas V. Gourlay

Recourse to natural law reasoning has long been a part of how Catholics and Christians engage in debates about issues of public and private morality with people and communities of people who do not share the Catholic/Christian faith. But with the rise of modernity, the scientific revolution, and the relative success of Charles Darwin's theory of evolution, many Catholics have begun to question traditional natural law reasoning. Some, including theorists like Germain Grisez, and John Finnis have sought to modify traditional natural law reasoning and continue to employ it within debates concerning public and private ethics, while others ...


Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin 2017 University of Maine School of Law

Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin

Maine Law Review

One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It ...


The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M. 2017 St. John's University School of Law

The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.

The Catholic Lawyer

No abstract provided.


Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart 2017 St. John's University School of Law

Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart

The Catholic Lawyer

No abstract provided.


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta 2017 Alexander Blewett III School of Law at the University of Montana

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.


Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer 2017 Texas A&M University School of Law

Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer

Texas A&M Law Review

Agriculture has relied on plant breeding to improve genetics since the first domestication of agricultural plants 10,000 years ago. More recently, Gregor Mendel and his hybridization experiments on peas led to what we know as modern genetics. The rise in recombinantDNA technology has opened up many possibilities in plant breeding, including Roundup Ready technology and crop varieties designed to resist a number of pests. At the same time, governments and the private sector have sought to institute regulations for handling the releases of new biotechnology to ensure the technologies will have limited environmental impacts and provide safe foods to ...


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman 2017 Texas A&M University School of Law

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought ...


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