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Articles 6991 - 7020 of 7455
Full-Text Articles in Entire DC Network
The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz
The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz
Articles
The Clean Air Act was the product of a spasm of extraordinary political unanimity. Its actual implementation, however, has been divisive and controversial from the start. For two decades now, politicians, members of the regulated community, environmental activists, and academics have been debating whether the Act represents a rational investment (current expenditures for air pollution control are generally estimated at something above thirty billion dollars), uses optimal or even sensible regulatory mechanisms, or has accomplished anything at all.
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Risk, Courts, And Agencies, Clayton P. Gillette, James E. Krier
Articles
Public risks are precisely the risks that have recently captured the attention of the legal community and the world at large, in no small part because they give rise to such novel problems for lawyers and such grave apprehensions among lay people. Public risks have moved the legal system to relax doctrines--regarding, for example, standards of causation and culpability, burdens of proof, sharing of liability--that were designed to deal with the private risks that once dominated the landscape. And public risks have moved lay people to intensify their demands for risk control measures. These developments suggest that public risks are …
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Justice O'Connor's Opinion In Feist Publications, Inc. V. Rural Telephone Service Co.: An Uncommon Though Characteristic Approach, Marci A. Hamilton
Articles
No abstract provided.
The First Amendment And Cognition: A Response, Cass R. Sunstein
The First Amendment And Cognition: A Response, Cass R. Sunstein
Articles
No abstract provided.
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Water Pollution And The Public Trust Doctrine, Ralph W. Johnson
Articles
Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute public …
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
An Economic Analysis Of Sex Discrimination Laws, Richard A. Posner
Articles
No abstract provided.
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
The Utilitarian Foundations Of Natural Law, Richard A. Epstein
Articles
No abstract provided.
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Interpreting Statutes In The Regulatory State, Cass R. Sunstein
Articles
Discussing the judge's role in interpreting statutes, Justice Holmes wrote that "if my fellow citizens want to go to Hell I will help them. It's my job."' Critics of the view of the courts as passive agents of the legislature claim that it understates the difficulty of interpretation, the indeterminacy of both the language and the will of the citizens, and the resulting discretion of the judge. Similarly, a vigorous debate continues over the proper role of the traditional sources of statutory interpretation - the text, the legislative history, the purpose of the enacting Congress, and the structure of the …
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Obscuring The Struggle: Sex Discrimination, Social Security, And Stone, Seidman, Sunstein & Tushnet's Constitutional Law Commentary, Mary E. Becker
Articles
No abstract provided.
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Articles
No abstract provided.
Presidential Review, Frank H. Easterbrook
The Ethics And Economics Of Enforcing Contracts Of Surrogate Motherhood, Richard A. Posner
The Ethics And Economics Of Enforcing Contracts Of Surrogate Motherhood, Richard A. Posner
Articles
No abstract provided.
Conservative Feminism, Richard A. Posner
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Race And The Police Power: 1890 To 1937, Richard A. Epstein
Articles
No abstract provided.
State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller
State Administration Of A National Sales Tax: A New Opportunity For Cooperative Federalism, John A. Miller
Articles
No abstract provided.
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
On The Costs And Benefits Of Aggressive Judicial Review Of Agency Action, Cass R. Sunstein
Articles
No abstract provided.
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
The Religion Clauses Of The First Amendment: Where Is The Supreme Court Heading?, Michael W. Mcconnell
Articles
For almost a decade observers have predicted that the Supreme Court would reconsider its approach to interpreting the religion clauses of the first amendment. For some, this was an outcome to be feared; for others, it was to be welcomed. Optimist and pessimist alike, the Court has repeatedly proven them wrong. Once again, the Court appears on the verge of change. Maybe this time it will come to pass.
If doctrinal confusion and incoherence are predictors of doctrinal change, then change is surely on the way. Consider two recent decisions. According to the Supreme Court, the Constitution permits the State …
The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt
The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt
Articles
No abstract provided.
Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt
Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt
Articles
On 10 March 1989 the United Nations Commission on Human Rights concluded its six week session in Geneva with a number of significant decisions as to country situations in which human rights violations have occurred, including the establishment of a Special Rapporteur on Romania. The Commission also continued monitoring disappearances, torture, executions, religious intolerance, and mercenaries; approved a draft Convention on the Rights of the Child after nine years of discussion; promptly transmitted to the General Assembly a draft Second Optional Protocol to the International Covenant on Civil and Political Rights for the abolition of the death penalty; reaffirmed the …
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld
Articles
Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …
The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer
The Crisis Of Private Law Is Not An Ideal Situation, Kenneth M. Casebeer
Articles
No abstract provided.
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Zero-Based Racial Politics: An Evaluation Of Three Best-Case Arguments On Behalf Of The Nonwhite Underclass Commentary, Richard Delgado
Articles
No abstract provided.
Introduction To Federal Administrative Law Part I: The Exercise Of Administrative Power And Judicial Review, An, William L. Andreen
Introduction To Federal Administrative Law Part I: The Exercise Of Administrative Power And Judicial Review, An, William L. Andreen
Articles
No abstract provided.
The Political Economy Of Barry Commoner, James E. Krier
The Political Economy Of Barry Commoner, James E. Krier
Articles
The centerpiece of what follows is an article by Barry Commoner that appeared in The New Yorker magazine in 1987.' The article, although an essentially popular work, is for several reasons worth the attention of a community professionally interested in law and the environment. First, it distills and supplements views that Commoner has advanced with much prominence throughout the life-twenty years to date-of the environmental movement in the United States. Thus it provides an opportunity for the present generation's students of environmental law, many of whom seem to know nothing of Commoner and his ideas, to become familiar with a …
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Are Twelve Heads Better Than One?, Phoebe C. Ellsworth
Articles
Few advocates of the jury system would argue that the average juror is as competent a tribunal as the averagejudge. Whatever competence the jury has is a function of two of its attributes: its number and its interaction. The fact that a jury must be composed of at least six people,' with different backgrounds, experiences, and perspectives, provides some protection against decisions based on an idiosyncratic view of the facts. Not only must the jury include at least six people, but they must be chosen in a manner that conforms to the ideal of the jury as representative of community …
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
Articles
(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987)
Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
Opinion Of The Supreme People's Court On Questions Concerning The Implementation Of The General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng
Articles
The General Principles of Civil Law of the People's Republic of China ("General Principles") came into force on January 1, 1987. We now issue the following Opinion concerning issues encountered when implementing the General Principles
The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.
The Lesson Of The Owl And The Crows: The Role Of Deception In The Evolution Of The Environmental Statutes, William H. Rodgers, Jr.
Articles
In this world of strategies and counterstrategies, the advantages of the good fake are not to be overlooked. Fakery is an indelible part of the landscape in settings where we readily accept the gaming metaphor—sporting events are the obvious examples. But I wish to emphasize how fakery and deception can play an important role in legal interactions as well, particularly in the writing of the environmental statutes. Environmental lawyers often are fond of borrowing examples from natural history to illustrate propositions of law. There is more to this practice than habit, it seems to me, because the natural laws of …
Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks
Statutory Damage Caps Are An Incomplete Reform: A Proposal For Attorney Fee Shifting In Tort Actions, Gregory A. Hicks
Articles
The premise of this article is that the currently unsettled status of noneconomic damage awards offers an opportunity to reexamine the function of such awards, and to move tort law in the direction of more stable and rational remedies, something that could not be achieved either under recently adopted damage cap statutes or through the reinstatement of unrestricted compensation of noneconomic losses.
This article has two parts. In the first part, the ambiguous role of noneconomic damages, that is, their function as makeweight compensation for noncompensable litigation expenses and as compensation for real intangible injuries, is described. This ambiguity has …
The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.
The Lesson Of The Red Squirrel: Consensus And Betrayal In The Environmental Statutes, William H. Rodgers, Jr.
Articles
The subjects of legislation and legislative change are undergoing a revival of sorts in United States' law schools. The academic community has offered a variety of theoretical visions on the nature of legislation—purposive and rational, irrational and political, the accidental outcome of competing interests, the imperfect product of high philosophy; the legislative process—formal and ritualistic, markets and auctions, plots and cabals, or publicregarding negotiations; and the individual legislators themselves—ritual players, auctioneers, maximizers of political gain, profiteers, and philosopher kings in shiny suits.
This author's personal approach to legal affairs of this sort is to draw on the laws of biology …