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Full-Text Articles in Law
An Introduction To Social Choice, Maxwell L. Stearns
An Introduction To Social Choice, Maxwell L. Stearns
Faculty Scholarship
Social choice studies the differing implications of the concept of rationality (or transitivity) for individuals versus groups under specified conditions and the significance of these differences in various institutional decision making contexts. This introductory chapter on social choice for the Elgar Handbook on Public Choice (Elgar Publishing Company, Dan Farber and Anne O’Connell, editors), introduces the basic framework of social choice, considers the implications of social choice for various legal and policy contexts, and provides a framework for evaluating a range of normative proposals grounded in social choice for reforming lawmaking institutions. After a brief introduction, part II introduces the …
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
From Lujan To Laidlaw: A Preliminary Model Of Environmental Standing, Maxwell L. Stearns
Faculty Scholarship
In the short span of eight years, the Supreme Court has issued two seemingly opposite answers to the question of whether Congress has free reign to provide private citizens with standing to redress violations of federal environmental law, when those violations have not produced any discernible harm to the claimants. In his prior scholarship, Professor Maxwell Stearns has developed a model of standing based upon the theory of social choice, which focuses primarily upon constitutional standing rules. The recent doctrinal transformation from Lujan v. Defenders of Wildlife, to Friends of the Earth v. Laidlaw Environmental Services, Inc., has provided a …
Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns
Standing Back From The Forest: Justiciability And Social Choice, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
Standing And Social Choice: Historical Evidence, Maxwell L. Stearns
Standing And Social Choice: Historical Evidence, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.
The Misguided Renaissance Of Social Choice, Maxwell L. Stearns
The Misguided Renaissance Of Social Choice, Maxwell L. Stearns
Faculty Scholarship
No abstract provided.