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Public Law and Legal Theory

1996

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Articles 1 - 30 of 46

Full-Text Articles in Law

Ten Years Of Takings, Gregory S. Alexander Dec 1996

Ten Years Of Takings, Gregory S. Alexander

Cornell Law Faculty Publications

No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.

Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …


Revitalizing Environmental Federalism, Daniel C. Esty Dec 1996

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …


Judicial Review Of Petitions, Cynthia R. Farina Jul 1996

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …


David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham May 1996

David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham

Michigan Law Review

A Review of David L. Shapiro, Federalism: A Dialogue


Reading The Legal Process, Anthony J. Sebok May 1996

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law


The Concept Of Law Revisited, Leslie Green May 1996

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition


Libertarianism With A Twist, Heidi Li Feldman May 1996

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World


Overcoming Posner, Gerard V. Bradley May 1996

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law


Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey Mar 1996

Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey

Vanderbilt Law Review

Everyone has his own, personal view about what role the United States Supreme Court should play in American political life. Conservatives of the Robert Bork variety prefer that supreme court justices treat congressional enactments with great deference and respect.' Liberals of the Laurence Tribe persuasion like judges to take an active role in ensuring certain individual rights, such as the right to abortion, while giving Congress latitude to regulate in the sphere of economic rights. Libertarians of the Bernard Siegan orientation strenuously deny the difference between economic liberties and other sorts of human rights and would have judges actively protect …


"Originalist" Values And Constitutional Interpretation, Richard Kay Jan 1996

"Originalist" Values And Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

No abstract provided.


On Conduits And Voices, Thomas Morawetz Jan 1996

On Conduits And Voices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.


Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin Jan 1996

Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin

Michigan Journal of Gender & Law

This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …


Women's Rights And Political Economy, Tamara Lothian Jan 1996

Women's Rights And Political Economy, Tamara Lothian

Tamara Lothian

No abstract provided.


How Charitable Organizations Influence Federal Tax Policy: "Rent-Seeking" Charities Or Virtuous Politicians?, Nancy J. Knauer Jan 1996

How Charitable Organizations Influence Federal Tax Policy: "Rent-Seeking" Charities Or Virtuous Politicians?, Nancy J. Knauer

Nancy J. Knauer

Tax-exempt charitable organizations exert considerable influence over Congress, the Department of the Treasury, and the Internal Revenue Service in matters dealing with exemption from federal income tax and the tax deductibility of charitable contributions. This Article uses both public choice and public interest analysis to help identify various features of the charitable community and explain how exempt organizations weild political influence despite the restrictions placed on their activities under the tax code. Arguing that the influence of charitable organizations over tax policy can be explained from either a public choice or public interest vantage point, the Article concluds that the …


Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit Jan 1996

Feminism For Men: Legal Ideology And The Construction Of Maleness, Nancy Levit

Nancy Levit

It may seem a little odd to suggest that feminist theory has overlooked men. Yet, in several important respects, apart from the role of culprit, men have been largely omitted from feminism. Feminist legal theorists have paid mild attention to the "Can men be feminists?" question but this issue is usually relegated to footnotes. The negative effect gender role stereotypes have on men is typically subsidiary to the main focus of feminist legal literature, which has concentrated on documenting the patterns of subordination of women and on questions of feminist ideology.

The primary purpose of this article is to suggest …


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo Jan 1996

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.


"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander Jan 1996

"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander

Cornell Law Faculty Publications

No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …


Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller Jan 1996

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …


Assessing Evidence, Richard D. Friedman Jan 1996

Assessing Evidence, Richard D. Friedman

Reviews

David A. Schum's Evidential Foundations of Probabilistic Reasoning, 2 C.G.G. Aitken's Statistics and the Evaluation of Evidence for Forensic Scientists,3 and Bernard Robertson and G.A. Vignaux's Interpreting Evidence: Evaluating Forensic Science in the Courtroom4 all have something to tell us about how to use and evaluate evidence. Although the books are addressed to different primary audiences5 and their authors come from a variety of disciplines and from distant points of the English-speaking world,6 all three help draw the connection between underlying theory and presentation in the courtroom. Though Schum uses numerous examples from litigation and discusses the legal literature of …


A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose Jan 1996

A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose

Washington and Lee Law Review

No abstract provided.


Table Of Contents Jan 1996

Table Of Contents

Richmond Public Interest Law Review

The American Presidency in the Twenty-First Century


Editorial Notes, Robert D. Gehringer Jan 1996

Editorial Notes, Robert D. Gehringer

Richmond Public Interest Law Review

The Editorial Board notes the remarkable evolution of the American Presidency during the twentieth century.


The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts Jan 1996

The Priority Paradigm: Private Choices And The Limits Of Equality, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


On The Genealogy Of Moral Hazard, Tom Baker Jan 1996

On The Genealogy Of Moral Hazard, Tom Baker

All Faculty Scholarship

No abstract provided.


Is International Law Fair?, Gerry J. Simpson Jan 1996

Is International Law Fair?, Gerry J. Simpson

Michigan Journal of International Law

Review of Fairness in International Law and Institutions by Thomas M. Franck


The Human Genome Project And The End Of Insurance, Roberta M. Berry Jan 1996

The Human Genome Project And The End Of Insurance, Roberta M. Berry

University of Florida Journal of Law & Public Policy

No abstract provided.


The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites Jan 1996

The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites

University of Florida Journal of Law & Public Policy

No abstract provided.


Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico Jan 1996

Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico

University of Florida Journal of Law & Public Policy

No abstract provided.


Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates Jan 1996

Copyright Law: Parody And The "Heart" Of The Fair Use Privilege (Campbell V. Acuff-Rose Music, Inc., 114 S. Ct. 1164 (1994)), Nathania Bates

University of Florida Journal of Law & Public Policy

No abstract provided.