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Articles 7051 - 7080 of 7455
Full-Text Articles in Entire DC Network
In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of Environmental Policy, William L. Andreen
In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of Environmental Policy, William L. Andreen
Articles
The NEPA process does not end with the preparation of satisfactory impact statements NEPA requires more than just the preparation of paperwork even excellent paperwork It requires an action agency to come to terms with what was learned in an EIS to balance competing policy interests and to make a decision that to the fullest extent possible furthers the goal of environmental protection The courts however have declined to supervise that balancing process The executive branch through the US EPA and the Council on Environmental Quality on the other hand possess the authority to oversee the substantive implementation of NEPA …
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine
Articles
In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.
State-Interest Analysis In Fourteenth-Amendment "Privacy" Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider
State-Interest Analysis In Fourteenth-Amendment "Privacy" Law: An Essay On The Constitutionalization Of Social Issues, Carl E. Schneider
Articles
Asked to resolve a social issue, Americans today turn readily to rights and to the Constitution that is understood to embody them. Many "vice" issues have long been thought particularly apt for a rights analysis. A constitutional resolution of vice issues is therefore inevitably a possibility, and its wisdom is inevitably a question. In this essay, I want to address that question by investigating an area of the law that has been recently constitutionalized family law. Family law is an example worth studying because rights thinking has won a considerable prominence in it: The Constitution has been used to transform …
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Becket At The Bar--The Conflicting Obligations Of The Solicitor General, Eric Schnapper
Articles
This Article suggests that the Solicitor General has five quite distinct responsibilities: to provide the Supreme Court with accurate and balanced information, to help to shape the Court's docket, to assure that the government's presentations maintain a high level of professionalism, to frame government positions which strike an appropriate balance between justice and advocacy, and to identify the interests and policies of the government client whom he represents. These responsibilities at times place the Solicitor General under conflicting obligations, not merely conflicts between his or her duties to the Court and to the administration, but conflicts in the Solicitor General's …
Company Turnaround Strategies: A Context For Marketing, James Wrynn, Timothy O'Mahony
Company Turnaround Strategies: A Context For Marketing, James Wrynn, Timothy O'Mahony
Articles
This article considers the literature on corporate turnaround. It examines the nature of decline as well as the causes and the various indicators of decline. Following this Hofer’s now well-established framework of analysis for the development of a turnaround strategy is described. This analysis falls into two stages: firstly, an assessment of current operational and strategic health of a firm and secondly, a consideration of turnaround options which may incorporate strategic and/or operational change. This model is then assessed in the context of a number of Irish firms in a turnaround situation. Important issues in turnaround strategy, such as management …
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Proprietary Rights And The Norms Of Science In Biotechnology Research, Rebecca S. Eisenberg
Articles
As basic research in biotechnology yields increasing commercial applications, scientists and their research sponsors have become more eager to protect the commercial value of research discoveries through intellectual property law. Some scientists fear that these commercial incentives will weaken or even undermine the norms that have traditionally governed scientific research. In this Article, Professor Eisenberg examines the interaction of proprietary rights in inventions with these traditional scientific norms. Trade secrecy, she argues, is an undesirable strategy for protection of basic research discoveries because it impedes dissemination of new knowledge to the scientific community. She finds that patent law is in …
Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson
Articles
No abstract provided.
The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky
The Deductibility Of State And Local Taxes: Income Measurement, Tax Expenditures And Partial, Functional Deductibility, Edward A. Zelinsky
Articles
No abstract provided.
How To Argue About Health Care, Don Herzog
How To Argue About Health Care, Don Herzog
Articles
Despite the aggressive title of this article, my goals are modest. I begin by explaining briefly what should at any rate be obvious: that health care policies inescapably raise moral and political difficulties, difficulties that no technical fix could resolve. I move on to puzzle over the connections between some of the more abstract issues of moral and political theory and medical policy: here I urge that we develop a more sustained taste for exploring the moral conflicts embedded in our current practices. Finally, I suggest a strategy for making nitty-gritty facts-from the concrete world of third-party payment, expensive technology, …
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Beyond The Rule Of Law: Civic Virtue And Constitutional Structure, Richard A. Epstein
Articles
No abstract provided.
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner
Articles
This article discusses the history of the forced share, the justifications for it, and the uneven fit between the rule and the objectives, then proposes a new approach that would meet the objectives.
Loss Distribution, Forum Shopping, And Bankruptcy: A Reply To Warren, Douglas G. Baird
Loss Distribution, Forum Shopping, And Bankruptcy: A Reply To Warren, Douglas G. Baird
Articles
No abstract provided.
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Justice And Contract In Consent Judgments, Frank H. Easterbrook
Articles
No abstract provided.
Legal Liability For Medical Innovation, Richard A. Epstein
Legal Liability For Medical Innovation, Richard A. Epstein
Articles
No abstract provided.
The Regulation Of The Market In Adoptions, Richard A. Posner
The Regulation Of The Market In Adoptions, Richard A. Posner
Articles
No abstract provided.
Self-Interest And The Constitution, Richard A. Epstein
The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie
The Constitution In The Supreme Court: The Preferred-Position Debate, 1941-1946, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
The Constitution In The Supreme Court: The New Deal, 1931-1940, David P. Currie
Articles
No abstract provided.
The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie
The Constitution In The Supreme Court: The Second World War, 1941-1946, David P. Currie
Articles
No abstract provided.
Taxation Of Business Intangible Capital, George Mundstock
Taxation Of Business Intangible Capital, George Mundstock
Articles
No abstract provided.
Constitutionalism After The New Deal, Cass R. Sunstein
Constitutionalism After The New Deal, Cass R. Sunstein
Articles
In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Judicial Review Of Administrative Action In A Conservative Era, Cass R. Sunstein, Alan B. Morrison, Kenneth W. Starr, Richard K. Willard
Articles
No abstract provided.
Lochner's Misunderstood Legacy, Cass R. Sunstein
Lochner's Legacy, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein
Articles
No abstract provided.
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
From Billy Budd To Buchenwald (Reviewing Weisberg, Richard H., The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction (1984)), Richard A. Posner
Articles
No abstract provided.
The Risks Of Risk/Utility, Richard A. Epstein
Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator
Commentaries (Symposium: The Federal Courts; The Next 100 Years), Paul M. Bator
Articles
No abstract provided.
Promissory Estoppel Damages, Mary E. Becker
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
The Separation Of Powers Doctrine And The Regulatory Agencies After Bowsher V. Synar, Daniel J. Gifford
Articles
Bowsher v. Synar is the latest in a series of recent cases in which the Supreme Court has elaborated upon and applied the separation of powers doctrine. The Court has cast many of these decisions in wooden, overly conceptual terms, exposing the Court to criticism that it has imposed an elaborately refined organizational framework upon the federal government going vastly beyond the pragmatic intention of the Framers. Despite the inadequacy of the Court's reasoning, however, this Article contends that, overall, the Court's recent decisions possess an underlying merit: They contain the foundation upon which a new and coherent understanding of …