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Full-Text Articles in Law

I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso Dec 2013

I’M Shocked, Shocked To Find That Politics Is Going On In Here, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.


The Indeterminacy Critique And The Trespass Fallacy, Shine Tu Jan 2013

The Indeterminacy Critique And The Trespass Fallacy, Shine Tu

Law Faculty Scholarship

No abstract provided.


Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck Jan 2013

Does Regulation Chill Democratic Deliberation? The Case Of Gmos, Alison Peck

Law Faculty Scholarship

Breakthroughs in science and technology pose a challenge to the U.S. legal system: either regulate under pre-existing laws using a business-as-usual approach, or pass new laws to deal with new relationships and conflicts created by these breakthroughs. How does the legal process determine when to regulate and when to legislate? Does that process adequately ensure deliberative democratic debate and implementation of democratic consensus? Does it adequately protect urgent interests in the meantime? Currently, this determination is ongoing with regard to new scientific developments such as climate change science, and new technological developments such as hydraulic fracturing of unconventional natural gas …