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Articles 1 - 12 of 12

Full-Text Articles in Law

The Georgia Supreme Court And Local Government Law: Two Sheets To The Wind, R. Perry Sentell Jr. Dec 1999

The Georgia Supreme Court And Local Government Law: Two Sheets To The Wind, R. Perry Sentell Jr.

Georgia State University Law Review

No abstract provided.


Is The Clean Air Act Unconstitutional?, Cass R. Sunstein Nov 1999

Is The Clean Air Act Unconstitutional?, Cass R. Sunstein

Michigan Law Review

This Article deals with two linked questions. The first involves the future of the Clean Air Act. The particular concern is how the Environmental Protection Agency ("EPA") might be encouraged, with help from reviewing courts, to issue better ambient air quality standards, and in the process to shift from some of the anachronisms of 1970s environmentalism to a more fruitful approach to environmental protection. The second question involves the role of the nondelegation doctrine in American public law, a doctrine that shows unmistakable signs of revival. I will suggest that improved performance by EPA and agencies in general, operating in …


Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret Jul 1999

Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret

University of Michigan Journal of Law Reform

Courts are struggling with how to develop legal doctrine in challenges to the new managed care environment. In this Article, we examine how courts have responded in the past to new industries or radical transformations of existing industries. We analyze two historical antecedents, the emergence of railroads in the nineteenth century and mass production in the twentieth century, to explore how courts might react to the current transformation of the health care industry.

In doing so, we offer a model of how courts confront issues of developing legal doctrine, especially regarding liability, associated with nascent or dramatically transformed industries. Our …


The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly Jul 1999

The Charter Of Rights And Freedoms And The Rebalancing Of Liberal Constitutionalism In Canada, 1982-1997, James B. Kelly

Osgoode Hall Law Journal

This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisions by the Supreme Court of Canada between 1982 and 1997. The author argues that the emerging approach to Charter review by the Supreme Court of Canada has led to a rebalancing of liberal constitutionalism and to a reconciliation between Charter rights and federalism. This stands in stark contrast to the highly activist approach to Charter review detected in studies by Morton, Russell, and Withey and, to a lesser extent, by Morton, Russell, and Riddell. Several factors illustrate the rebalancing of liberal constitutionalism in Canada. …


The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood Jun 1999

The Origins Of Judicial Review Revisited, Or How The Marshall Court Made More Out Of Less, Gordon S. Wood

Washington and Lee Law Review

No abstract provided.


The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson Jun 1999

The Origins Of Judicial Review: A Historian's Explanation, Charles F. Hobson

Washington and Lee Law Review

No abstract provided.


How Not To Imitate John Marshall, Lewis H. Larue Jun 1999

How Not To Imitate John Marshall, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer Jun 1999

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Washington and Lee Law Review

No abstract provided.


Religion Clause Anti-Theories, Thomas C. Berg Jun 1999

Religion Clause Anti-Theories, Thomas C. Berg

Notre Dame Law Review

No abstract provided.


Pre-Election Judicial Review Of Initiatives And Referendums, James D. Gordon Iii, David B. Magleby Jun 1999

Pre-Election Judicial Review Of Initiatives And Referendums, James D. Gordon Iii, David B. Magleby

Notre Dame Law Review

No abstract provided.


The Constitutional Limits Of Judicial Review: A Structural Interpretive Approach, Jack Wade Nowlin Jan 1999

The Constitutional Limits Of Judicial Review: A Structural Interpretive Approach, Jack Wade Nowlin

Oklahoma Law Review

No abstract provided.


A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay Jan 1999

A District Attorney's Decision Whether To Seek The Death Penalty: Toward An Improved Process, Jonathan Demay

Fordham Urban Law Journal

The most important variable affecting whether a defendant will be subject to the death penalty is often the particular ideology of the district attorney of a respective county. More subtle forms of arbitrariness, such as bias based upon race, gender and class, also pervade the process. Arguing that the dangers inherent in the present situation justify the imposition of controls over the exercise of prosecutorial discretion in the decision whether to seek the death penalty, Part I presents the nature and scope of prosecutorial discretion judicial review of that discretion and the influence that individual prosecutors can have in the …