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572 full-text articles. Page 1 of 12.

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 and Resources Law Review

No abstract provided.


Balancing Rights: The Modern Problem, Rev. Thomas A. Russman 2017 St. John's University School of Law

Balancing Rights: The Modern Problem, Rev. Thomas A. Russman

The Catholic Lawyer

No abstract provided.


The Problem Of Unjust Laws, Charles E. Rice 2017 St. John's University School of Law

The Problem Of Unjust Laws, Charles E. Rice

The Catholic Lawyer

No abstract provided.


Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis 2017 St. John's University School of Law

Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis

The Catholic Lawyer

No abstract provided.


Natural Law And The "Is" - "Ought" Question, Henry Veatch 2017 St. John's University School of Law

Natural Law And The "Is" - "Ought" Question, Henry Veatch

The Catholic Lawyer

No abstract provided.


Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth 2017 St. John's University School of Law

Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth

The Catholic Lawyer

No abstract provided.


Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello 2017 St. John's University School of Law

Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello

The Catholic Lawyer

No abstract provided.


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa 2017 University of New Mexico

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Clifford J. Villa

No abstract provided.


Front Matter, Natural Resources i. Journal 2017 University of New Mexico

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.


Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford 2017 Fort Lewis College

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.


Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang 2017 Tilburg University, Netherlands

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil ...


Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore 2017 University of New Mexico

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of ...


Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau 2017 University of New Mexico

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.


Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja 2017 University of New Mexico

Rules And Values In Virtual Optimization Of California Hydropower, Sonya F. P. Ziaja

Natural Resources Journal

Optimization models for California’s hydropower system are designed to be decision-support tools and aids for climate adaptation decision-making. In practice, they fall short of this goal. One potential explanation is that optimization models are not more successful because they are built on, and depend on, a misrepresentation of law and politics. The legal reality of California’s hydropower system is a web of networked jurisdictions of multiple federal and state agencies, with varying levels of coordination, long periods of legally obligated stability with rigid rules, and prone to conflict, but with multiple procedures for conflict resolution. Barriers to climate ...


Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar 2017 University of New Mexico

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar

Natural Resources Journal

Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state ...


Introduction, Natural Resources vii Journal 2017 University of New Mexico

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.


The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul 2017 University of New Mexico

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as ...


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