Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, 2015 University of the District of Columbia
Lawn Signs: A Fourth Amendment For Constitutional Curmudgeons, Stephen E. Henderson, Andrew G. Ferguson
Stephen E Henderson
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), 2015 University of Oklahoma College of Law
Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson
Stephen E Henderson
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, 2015 Chicago-Kent College of Law
Comparison Excluding Commitments: Incommensurability, Adjudication, And The Unnoticed Example Of Trade Disputes, Sungjoon Cho, Richard Warner
Sungjoon Cho
Can Dna Be Speech?, 2015 Charleston School of Law
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, 2015 Chapman University School of Law
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, 2015 Chapman University School of Law
Deeds And The Determinacy Norm: Insights From Brandt And Other Cases On An Undesignated, Yet Ever-Present, Interpretive Method, Donald J. Kochan
Donald J. Kochan
Preliminary Warnings On 'Constitutional' Idolatry, 2015 Academia Sinica
Preliminary Warnings On 'Constitutional' Idolatry, Brian Christopher Jones
Brian Christopher Jones
Although contemporary societies covet the notion of a written constitution, the UK still stands as one of the few jurisdictions not in possession such a single document. Yet recently there has been renewed discussion regarding whether the UK should draft its own constitution (or at least entrench some form of constitutional law). A recent House of Commons committee report thoroughly analysed this prospect, and many scholars and practitioners consider such a result inevitable. This piece argues that such a document should not be drafted, but if it is, it should surely not be called a "Constitution". Difficulties arise because over …
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, 2015 American Immigration Council (formerly)
Mandatory Immigration Detention For U.S. Crimes: The Noncitizen Presumption Of Dangerousness, Mark Noferi
Mark L Noferi
Regulation And Regulatory Processes, 2015 University of Pennsylvania
Regulation And Regulatory Processes, Cary Coglianese, Robert Kagan
Robert Kagan
Regulation of business activity is nearly as old as law itself. In the last century, though, the use of regulation by modern governments has grown markedly in both volume and significance, to the point where nearly every facet of today’s economy is subject to some form of regulation. When successful, regulation can deliver important benefits to society; however, regulation can also impose undue costs on the economy and, when designed or implemented poorly, fail to meet public needs at all. Given the importance of sound regulation to society, its study by scholars of law and social science is also of …
Roe V. Wade: The Case That Changed Democracy, 2015 Indiana Tech Law School
Roe V. Wade: The Case That Changed Democracy, Adam Lamparello
Adam Lamparello
No abstract provided.
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, 2015 University of Pennsylvania Carey Law School
Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse
All Faculty Scholarship
This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …
Public Trust Doctrine Implications Of Electricity Production, 2015 University of Delaware
Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone
Michigan Journal of Environmental & Administrative Law
The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each state’s electricity planning …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Parallels In Public And Private Environmental Governance, 2015 The Wharton School, University of Pennsylvania
Parallels In Public And Private Environmental Governance, Sarah E. Light, Eric W. Orts
Michigan Journal of Environmental & Administrative Law
Private actors, including business firms and non-governmental organizations, play an essential role in addressing today’s most serious environmental challenges. Yet scholars have not fully recognized the parallels between public environmental law and the standard-setting and enforcement functions of private environmental governance. “Instrument choice” in environmental law scholarship is generally understood to refer to government actors choosing among options from the public law “toolkit,” which includes prescriptive rules, the creation of property rights, the leveraging of markets, and informational regulation. Each of these major public law tools, however, has a parallel in private environmental governance. This Article first provides a descriptive …
Foreword: Private And Public Revisited Once Again, 2015 University of Maryland Francis King Carey School of Law
Foreword: Private And Public Revisited Once Again, Mark A. Graber
Maryland Law Review
No abstract provided.
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, 2015 University of Maryland Francis King Carey School of Law
Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.
Maryland Law Review
No abstract provided.
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, 2015 University of Pittsburgh School of Law
Comments On Proposed Treasury Regulations Defining Terms Relating To Marital Status, Anthony C. Infanti, The American Bar Association
Articles
These comments respond to proposed Treasury Regulations defining terms relating to marital status in the Internal Revenue Code following the Supreme Court's decision in the Windsor and Obergefell cases. The comments applaud the Internal Revenue Service for reading gendered terms relating to marital status in a gender-neutral fashion. For a number of reasons, however, the comments recommend that the final regulations omit the proposed rule for determining an individual’s marital status and, in its place, codify the current deference to local law in determining marital status for federal tax purposes. Most importantly, the comments further recommend that the final regulations …
Water, Water, Everywhere: Surface Water Liability, 2015 Washington and Lee University School of Law
Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley
Michigan Journal of Environmental & Administrative Law
By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming decades. …
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, 2015 Singapore Management University
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Rights Without Remedies, 2015 Indiana Tech Law School
Rights Without Remedies, Adam Lamparello
Adam Lamparello
The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …