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Ronald Dworkin’S Justice For Hedgehogs And Partnership Conception Of Democracy (With A Comment To Jeremy Waldron’S 'A Majority In The Lifeboat'), Imer Flores 2010 Georgetown Law Center

Ronald Dworkin’S Justice For Hedgehogs And Partnership Conception Of Democracy (With A Comment To Jeremy Waldron’S 'A Majority In The Lifeboat'), Imer Flores

Georgetown Law Faculty Publications and Other Works

In this article the author focuses mainly in the last part of Ronald Dworkin´s Justice for Hedgehogs and in his argument for a partnership conception of democracy. For that purpose, first, he recalls some of the main features that Dworkin had advanced in previous but intrinsically related works, about political morality, equality and democracy; second, he reassess the arguments for a partnership conception of democracy; third, he reconsiders the resistance produced by Jeremy Waldron in his “A Majority in the Lifeboat” and the response provided by Dworkin, but since it may appear insufficient, he intends to present an alternative ...


Failing The Bay: Clean Water Act Enforcement In Maryland Falling Short, Robert L. Glicksman, Yee Huang 2010 George Washington University Law School

Failing The Bay: Clean Water Act Enforcement In Maryland Falling Short, Robert L. Glicksman, Yee Huang

GW Law Faculty Publications & Other Works

The Maryland Department of the Environment (MDE) is responsible for enforcing Clean Water Act (CWA) requirements in Maryland. This report evaluates MDE's enforcement of the CWA and draws three significant conclusions: (1) MDE is drastically underfunded; (2) MDE has not designed its enforcement program to effectively deter dischargers from violating CWA and state water quality laws; and (3) MDE fails to take advantage of citizen suits to supplement its own enforcement actions and to maximize its limited resources.

Between 2000 and 2009, MDE's enforcement budget declined in real terms by 25 percent, which coincides with a doubling of ...


Obama And The American Civil Religion From The Political Left, David Fontana 2010 George Washington University Law School

Obama And The American Civil Religion From The Political Left, David Fontana

GW Law Faculty Publications & Other Works

Fred Gedicks has written an interesting paper on the future of civil religion in the United States. As Gedicks describes it, the American civil religion, as defined most notably by Robert Bellah several decades ago, argues that there is and should be a core series of basic principles at the heart of American nationalism, principles supportive of the American democratic order and derived from principles associated with the major religious traditions practiced by American citizens. Gedicks paints a dreary picture of the future of the American civil religion, arguing that civil religion is a theoretically undesirable concept and a practically ...


Traditional Versus Economic Analysis: Evidence From Cardozo And Posner Torts Opinions, Lawrence A. Cunningham 2010 George Washington University Law School

Traditional Versus Economic Analysis: Evidence From Cardozo And Posner Torts Opinions, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. It evaluates prominent opinions of two judicial exemplars of the contending conceptions, the traditionalist Benjamin Cardozo and the economist Richard Posner, in torts, the field where economic analysis has greatest impact. Comparative critique of their opinions appearing in current torts casebooks, where they are the most ubiquitous judges, provides evidence that traditional legal analysis is a more capacious and persuasive basis of justification than contemporary economic analysis of law.


Military Lawyers, Private Contractors, And The Problem Of International Law Compliance, Laura T. Dickinson 2010 George Washington University Law School

Military Lawyers, Private Contractors, And The Problem Of International Law Compliance, Laura T. Dickinson

GW Law Faculty Publications & Other Works

It is by now no secret that the United States government depends on private contractors to guard military facilities, escort convoys, conduct interrogations, train soldiers, and provide logistical support. And though private military contractors have been implicated in multiple instances of human rights violations, corruption, and waste, they are likely to become a permanent part of the military landscape. The key question, therefore, is not, should there be contractors but rather, how can we make it more likely that contractors will respect core human rights norms? And on this question, it will not be sufficient merely to focus on the ...


What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr 2010 George Washington University Law School

What Do The Studies Of Judicial Review Of Agency Actions Mean?, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

In this essay, I discuss the meaning of ten empirical studies of judicial review of agency actions that have been published over the last twenty years. The most robust findings are: a court’s choice among the six deference doctrines courts now use has no effect on the outcome of cases; the ideological preferences of judges and Justices explain about 30% of their votes; members of politically mixed panels indulge their ideological preferences about half as often as do members of politically homogenous panels; and, the D.C. Circuit is consistently less deferential than other circuits. I conclude by endorsing ...


The Past, Present, And Future Of Energy Regulation, Richard J. Pierce Jr 2010 George Washington University Law School

The Past, Present, And Future Of Energy Regulation, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This essay is a contribution to a symposium at University of Utah. It begins with a summary of the history of energy regulation from 1960 until 2011. It then makes three arguments. First, the essay argues that the US should abandon pursuit of the goal of energy independence and pursue exclusively the goal of global warming mitigation. Second, it argues that the US should replace its present reliance on expensive and ineffective subsidies and mandates to mitigate global warming with a single mechanism to attain that goal – a large carbon tax. Third, the essay recognizes that, while a carbon tax ...


Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton 2010 George Washington University Law School

Equitable Utilization Of The Atmosphere: A Rights-Based Approach To Climate Change, Dinah L. Shelton

GW Law Faculty Publications & Other Works

This paper advocates for a rights-based approach to climate change. I argue that the government of a state may, and arguably, has the duty to assert and defend the rights of its inhabitants, rather than remaining passive and ultimately defending itself for alleged rights-violating acts and omissions. The premise underlying this approach is that governments exist for the purpose of protecting the sovereign rights of the state and the human rights of their inhabitants, past and future. First, the paper examines the rights of permanent sovereignty over natural rights. Second, it considers interstate cases on trans-frontier pollution, including the landmark ...


Comparative Originalism, David Fontana 2010 George Washington University Law School

Comparative Originalism, David Fontana

GW Law Faculty Publications & Other Works

Jamal Greene has written an important paper examining originalism in other countries. This short response argues that comparing the United States with Canada and Australia (the countries Professor Greene mostly examines) involves comparing quite different countries, because the Canadian and Australian constitutions reorganized preexisting institutions, whereas the United States had more of a nation-creating, revolutionary constitution. Other countries that arose out of more revolutionary events, such as certain post-colonial African and Latin American nations, have also tended to feature originalist arguments. When the nation predates the creation of a constitution, key cultural and political understandings also predate the constitution, thereby ...


We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera 2010 University of California, Hastings College of the Law

We've Been Waiting A Long Time - The Struggle To Pass The Filipino Veterans Equity Act And A Bittersweet Ending To A Sixty-Three-Year Battle, Paul Daniel Rivera

Hastings Race and Poverty Law Journal

No abstract provided.


Unveiling The Mystery, History, And Problems Associated With The Jurisdictional Limitations Of Bankruptcy Courts Over Personal Injury Tort And Wrongful Death Claims, Ishaq Kundawala 2010 Shepard Broad Law Center

Unveiling The Mystery, History, And Problems Associated With The Jurisdictional Limitations Of Bankruptcy Courts Over Personal Injury Tort And Wrongful Death Claims, Ishaq Kundawala

McGeorge Law Review

No abstract provided.


What Can We Learn From The 2010 Bp Oil Spill: Five Important Corporate Law And Life Lessons, Joseph Karl Grant 2010 Capital University Law School

What Can We Learn From The 2010 Bp Oil Spill: Five Important Corporate Law And Life Lessons, Joseph Karl Grant

McGeorge Law Review

No abstract provided.


Challenges And Opportunities Of Importing And Exporting Experiential Education To China, The, Eleanor W. Myers, Jianmin Chen 2010 Temple University, Beasley School of Law

Challenges And Opportunities Of Importing And Exporting Experiential Education To China, The, Eleanor W. Myers, Jianmin Chen

McGeorge Law Review

No abstract provided.


Barber V. Thomas: The Supreme Court's Interpretation Of The Federal Good Time Credits Statute Is Undermining Sentencing Reform, Max Hellman 2010 University of the Pacific, McGeorge School of Law

Barber V. Thomas: The Supreme Court's Interpretation Of The Federal Good Time Credits Statute Is Undermining Sentencing Reform, Max Hellman

McGeorge Law Review

No abstract provided.


Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real 2010 Creighton University School of Law

Unconscious Influences On Judicial Decision-Making: The Illusion Of Objectivity, John F. Irwin, Daniel L. Real

McGeorge Law Review

No abstract provided.


(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin 2010 Schulich School of Law

(Re)Constructing Judicial Ethics In Canada, Richard F. Devlin

McGeorge Law Review

No abstract provided.


Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel 2010 Cornell University

Behavioral Psychology Of Judicial Corruption: A Response To Judge Irwin And Daniel Real, The, W. Bradley Wendel

McGeorge Law Review

No abstract provided.


Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh 2010 Indiana University Maurer School of Law

Judicial Selection, Judicial Disqualification, And The Role Of Money In Judicial Campaigns, Charles Gardner Geyh

McGeorge Law Review

No abstract provided.


California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan 2010 University of the Pacific, McGeorge School of Law

California Judicial Council's Commission For Impartial Courts, Ronald B. Robie, Richard Fybel, Mary-Beth Moylan

McGeorge Law Review

No abstract provided.


Torture, American Style: A Recipe For Civil Tort Immunity, Matthew J. Jowanna 2010 University of the Pacific

Torture, American Style: A Recipe For Civil Tort Immunity, Matthew J. Jowanna

McGeorge Law Review

No abstract provided.


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