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Articles 1 - 5 of 5
Full-Text Articles in Law
A Proposal For An Outrageous, Albeit Effective, Strategy To Prevent Groundwater Pollution, George Cameron Coggins
A Proposal For An Outrageous, Albeit Effective, Strategy To Prevent Groundwater Pollution, George Cameron Coggins
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
14 pages.
A Preface To Constitutional Theory, David B. Lyons
A Preface To Constitutional Theory, David B. Lyons
Faculty Scholarship
We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.
The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine
Articles
proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.