Law Commons^™

Chevron Legacy: Young V. Community Nutrition Institute Compounds The Confusion , Jonathon Bloomberg

Cornell Law Review

No abstract provided.

An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold

Law and Contemporary Problems

No abstract provided.

Foreword: Economists On The Bench, Jerome M. Culp

Law and Contemporary Problems

No abstract provided.

Interest Groups, Antitrust, And State Regulation: Parker V. Brown In The Economic Theory Of Legislation, William H. Page

Duke Law Journal

The Parker doctrine requires that state regulatory arrangements seeking exemption from federal antitrust law be clearly articulated by the state "as sovereign." Professor Page argues that the clear-articulation requirement is justified because it reinforces representative political processes. He rejects Professor Wiley's capture preemption approach and the Supreme Court's analysis in Fisher v. City of Berkeley, arguing that both misconceive the nature of governmental relationships with interest groups. Professor Page concludes that the essentially collective nature of economic regulation supports adherence to the clear-articulation requirement as the measure of political legitimacy.

“Transfers By Check”: The 90-Day Rule Of Preference Recovery Under Section 547(B) Of The Bankruptcy Code, Lisa R. Reid

Duke Law Journal

No abstract provided.

The Dormant Commerce Clause And The Constitutional Balance Of Federalism, Martin H. Redish, Shane V. Nugent

Duke Law Journal

Through the passage of time, the dormant commerce clause doctrine has acquired a patina of legitimacy; the doctrine frequently is used by the judiciary to overturn state regulation of commerce. Professor Martin Redish and Shane Nugent argue that time alone cannot legitimize such actions by the courts, and that the Constitution provides no textual basis for the exercise of this authority. Moreover, they contend that the doctrine actually undermines the carefully structured federal balance embodied in the text. They further argue that nontextual rationales are flawed, and that jurisprudence based on the text of the Constitution can deal adequately with …

Separate Identity, Tax Treaty Interpretation, And Unilateral Treaty Override: An Analysis Of Revenue Rulings 84-152 And 84-153, Deborah G. Rosenthal

Cornell International Law Journal

No abstract provided.

Islamic Law, International Relations, And Human Rights: Challenge And Response, Abdullahi Ahmed An-Na'im

Cornell International Law Journal

No abstract provided.

Conflicts Of Jurisdiction: Antitrust And Industrial Policy, Janusz A. Ordover

Law and Contemporary Problems

No abstract provided.

Conflicts Of Jurisdiction In Antitrust Law: A Comment On Ordover And Atwood, Diane P. Wood

Law and Contemporary Problems

No abstract provided.

Flowcharting The First Amendment , Fred C. Zacharias

Cornell Law Review

No abstract provided.

Redefining “Common Carrier”: The Fcc’S Attempt At Deregulation By Redefinition, Phil Nichols

Duke Law Journal

No abstract provided.

A Reply To Judge Starr’S Observations, Abner J. Mikva

Duke Law Journal

No abstract provided.

Observations About The Use Of Legislative History, Kenneth W. Starr

Duke Law Journal

No abstract provided.

Introductory Remarks, Marshall J. Breger

Duke Law Journal

No abstract provided.

Substance Process And Outcome In Constitutional Theory , David Lyons

Cornell Law Review

No abstract provided.

Substance, Process And Outcome In Constitutional Theory, David B. Lyons

Faculty Scholarship

Scholarship in philosophy proceeds at a slower pace than in the law. As Tom Lehrer, the poet laureate of a recent generation, might have said, the law biz travels on a faster track. Or so it seems to a philosopher who has recently been treading the tracks of constitutional lawyers.

And so it is with apprehension that I take as my text a book that was published as long ago as 1980. As the title of this lecture might suggest to someone with so long a memory, the book is John Hart Ely's Democracy and Distrust.' That work provoked an …

Bankruptcy In The Administrative State, Theodore Eisenberg

Law and Contemporary Problems

No abstract provided.

Consumer Bankruptcy Abuse, Raymond T. Nimmer

Law and Contemporary Problems

No abstract provided.

Secured Credit And Bankruptcy: A Call For The Federalization Of Personal Property Security Law, David M. Phillips

Law and Contemporary Problems

No abstract provided.

Governmental Functions And Constitutional Doctrine The Historical Constitution , Russell K. Osgood

Cornell Law Review

No abstract provided.

Rejected Cambodian Refugees: Prior Persecutors Or Victims Of An Illegal Screening Process, Deborah G. Bowers

Cornell International Law Journal

No abstract provided.

The Expanding Circle Of Exactions: From Dedication To Linkage, Donald L. Connors, Michael E. High

Law and Contemporary Problems

No abstract provided.