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Full-Text Articles in Law
Mr. Justice Douglas, Michael I. Sovern
Mr. Justice Douglas, Michael I. Sovern
Faculty Scholarship
The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.
And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …
Rules, Adjudications, And Other Sources Of Law In An Executive Department: Reflections On The Interior Department's Administration Of The Mining Law, Peter L. Strauss
Rules, Adjudications, And Other Sources Of Law In An Executive Department: Reflections On The Interior Department's Administration Of The Mining Law, Peter L. Strauss
Faculty Scholarship
Professor Strauss presents in this article a detailed case study of policymaking by the Department of the Interior in its administration of mining law. The antiquated nature of the General Mining Law of 1872, essentially unchanged since its enactment, has placed a great responsibility for "writing" the law of mining claims upon the Department, highlighting the problems that exist with the Department's internal allocation of its policymaking function.
The focus of this piece is a study of those problems and an examination of possible remedies. Professor Strauss criticizes, in particular, the inaccessibility of Department "law" and the Department's excessive reliance …
Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss
Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss
Faculty Scholarship
Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …