Law Commons^™

Federal Environmental Requirements, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Property Rights In Land: New Statutory Approaches, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Some Observations On The American Law Institute's Model Land Development Code, Fred P. Bosselman, George M. Raymond, Richard A. Persico

All Faculty Scholarship

No abstract provided.

Open Advisory Committees And The Political Process: The Federal Advisory Committee Act After Two Years (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

All Faculty Scholarship

No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson

All Faculty Scholarship

All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …