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Full-Text Articles in Law

Asymmetric Empirical Similarity, Joshua C. Teitelbaum Mar 2014

Asymmetric Empirical Similarity, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in the judicial hierarchy). The empirical analysis suggests that the model is a plausible model for the time series of U.S. maritime salvage cases. Moreover, the results evince that prior cases decided by inferior courts have less influence than prior cases decided by superior courts.


Questioning Cultural Commons, Lawrence B. Solum Jan 2010

Questioning Cultural Commons, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

In Constructing Commons in the Cultural Environment, Michael J. Madison, Brett M. Frischmann, and Katherine J. Strandburg offer an innovative and attractive vision of the future of cultural and scientific knowledge through the construction of “cultural commons,” which they define as “environments for developing and distributing cultural and scientific knowledge through institutions that support pooling and sharing that knowledge in a managed way.” The kind of “commons” they have in mind is modeled on the complex arrangement of social norms that allocate lobstering rights among fishermen in Maine and extends to arrangements such as patent pools, open-source software development (e ...


The Problem With Particularized Injury: The Disjuncture Between Broad-Based Environmental Harm And Standing Jurisprudence, Hope M. Babcock Jan 2009

The Problem With Particularized Injury: The Disjuncture Between Broad-Based Environmental Harm And Standing Jurisprudence, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Several recent events harmonically converged into the topic for this article. The first was a posting on Georgetown Law’s environmental law professors’ listserv by Professor John Bonine, which raised a number of questions about whether and how standing doctrine might be rethought in light of the Supreme Court’s opinion in Massachusetts v. EPA. That opinion relaxed the states’ standing burden because of the unique sovereign interests, finding that federalism bargaining earned states “special solicitude” when it came to meeting the Court’s standing requirements.

The second was a complaint filed by a consortium of regional environmental organizations, Chesapeake ...


Dual Regulation, Collaborative Management, Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock Jan 2008

Dual Regulation, Collaborative Management, Or Layered Federalism: Can Cooperative Federalism Models From Other Laws Save Our Public Lands?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

To realize the goals of conservation biology and ecosystem management, the institutions that govern these systems must be able to work together harmoniously, across political boundary lines and into a biologically uncertain future. The rigidity of the current public lands model creates substantial barriers to the achievement of these goals.

This article's working premise is that unless the current governance structure for the management of public lands changes, the political conflicts over their use and management will continue to blight their future, just as it has marred their past. Further, failing to adapt the management of public lands to ...


The National Environmental Policy Act In The Urban Environment: Oxymoron Or A Useful Tool To Combat The Destruction Of Neighborhoods And Urban Sprawl?, Hope M. Babcock Jan 2008

The National Environmental Policy Act In The Urban Environment: Oxymoron Or A Useful Tool To Combat The Destruction Of Neighborhoods And Urban Sprawl?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

To some, applying the National Environmental Policy Act (NEPA) to decisions affecting land use in an urban or built environment is an oxymoron. Cities have historically not been seen “as natural entities but as foreign impositions upon the native landscape,” places where the physical environment is already largely destroyed or reduced to insignificant remnants. Moreover, detecting the required federal presence to trigger NEPA may initially seem difficult when decisions affecting urban resources appear to be principally made by local or state agencies.

At the Institute for Public Representation (IPR) at the Georgetown University Law Center, the author has learned that ...


Administering The Clean Water Act: Do Regulators Have "Bigger Fish To Fry" When It Comes To Addressing The Practice Of Chumming On The Chesapeake Bay?, Hope M. Babcock Jan 2007

Administering The Clean Water Act: Do Regulators Have "Bigger Fish To Fry" When It Comes To Addressing The Practice Of Chumming On The Chesapeake Bay?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The Chesapeake Bay is one of the country's most productive estuaries. However, for decades the health of the Bay has been declining due in large part to nutrification. Excessive nutrients encourage algal blooms, which lower dissolved oxygen and increase turbidity in the Bay's waters. More than 40% of the Bay's main stern is now dead largely as a result of this problem. The practice of chumming, the discarding of baitfish, usually menhaden, over the sides of fishing boats to attract game fish like striped bass, is contributing to the Bay's nutrification problem because the decomposing chum ...


Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock Jan 2007

Chumming On The Chesapeake Bay And Complexity Theory: Why The Precautionary Principle, Not Cost-Benefit Analysis, Makes More Sense As A Regulatory Approach, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Estuaries like the Chesapeake Bay ("Bay") and Puget Sound are in grave trouble. They each suffer from poor water quality, loss of habitat, and declining biodiversity, and efforts to restore their health are straining both public and private resources. While accomplishments are often recorded in the fight against these ills, it is clear these accomplishments "are not yet equal to the scale of the problems." The focus of this article is on the nation's largest estuary, the Bay. Despite the investment of billions of dollars to improve water quality, the Bay continues to suffer from severe environmental degradation that ...