Law Commons^™

Preface, William H. Rodgers Jr.

Chapters in Books

In the 2006-07 term, the U.S. Supreme Court gave us a flood of new thought on the topic of environmental law.

Too bad.

[Addresses cases interpreting the Clean Water Act, the Superfund law, the Clean Air Act, and the Endangered Species Act. In the Summer 2008 Pocket Part for Volume 1.]

Reining In Rambo: Prosecuting Crimes Committed By American Military Contractors In Iraq, Christopher D. Belen

Penn State International Law Review (1982 - 2011)

No abstract provided.

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review (1982 - 2011)

No abstract provided.

"Pollute First, Control Later" No More: Combating Environmental Degradation In China Through An Approach Based In Public Interest Litigation And Public Participation, Christine J. Lee

Washington International Law Journal

As China continues to face severe environmental degradation as a side effect of torrid economic growth and rise in population, the Chinese government has promulgated numerous environmental laws over the past few decades to address this critical issue. The efficacy of these laws, however, has been highly questionable. Although the laws themselves—modeled substantially on United States and European environmental laws—are relatively complete and comprehensive, difficulties in implementation and particularly enforcement have led to the continued deterioration of China’s environment. These failures in implementation and enforcement of environmental laws emerge from numerous factors, most notably from the decentralized structure of China’s …

The End Of The Viarsa Saga And The Legality Of Australia's Vessel Forefeiture Penalty For Illegal Fishing In Its Exclusive Economic Zone, Laurence Blakely

Washington International Law Journal

The world’s fish stocks are suffering from over-utilization. The earth’s oceans are subject to exploitation by all nation states and very little preservation. Because of the nature of the international legal regime of the Law of the Sea, enforcement of what conservation and management measures exist is challenging. Boundaries, ephemeral on land, are even more so on water, making rights allocation and management particularly difficult. Nevertheless, as fish stocks continue to decrease and it becomes clearer that oceans require more effective management, coastal states have begun to undertake more significant enforcement procedures corresponding to their rights in their exclusive economic …

The Need For Effective Licensure Laws For Mid-Level Health Care Providers In Countries Facing Chronic Physician Shortages: A Case Study Of The Marshall Islands' Health Assistants, Jeffrey P. Lane

Washington International Law Journal

Facing a global physician shortage and high international emigration rates, developing countries are increasingly looking to mid-level health care providers to provide critical primary health care services. Mid-level providers have more training than nurses but less than full physicians and are typically authorized to prescribe medications and perform simple medical procedures. As the demand for health care providers continues to grow, mid-level providers are increasingly being asked to provide a broader array of clinical services. In response to this growing need, mid-level providers are increasingly practicing outside of their licensed scope of practice, which may both compromise patient safety and …

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

Under The Guise Of 'Treaty Rights:' The Nez Perce Tribe Of Idaho, Steelhead, And Gillnetting, Josh Stellmon

Public Land & Resources Law Review

No abstract provided.

Special Offer! - Civilization And Assimilation (Houses Not Included), Summer Nelson

Public Land & Resources Law Review

No abstract provided.

Montana's Constitutional Right To A Clean And Healthful Environment: Can A Value Ever Be Assigned To This Right? Shammel V. Canyon Resources Corp., Kyle Nelson

Public Land & Resources Law Review

No abstract provided.

Interpreting The Basin Closure Law In Montana: The Permissibility Of "Prestream Capture" -- Montana Trout Unlimited V. Montana Department Of Natural Resources And Conservation, Matthew Hibbs

Public Land & Resources Law Review

No abstract provided.

Protecting Egg Donors And Human Embryos—The Failure Of The South Korean Bioethics And Biosafety Act, Mukta Jhalani

Washington International Law Journal

Human embryonic stem cells have the potential to treat many physical and neurological disorders due to their unique ability to transform into any type of human cell. The process of deriving stem cells from human embryos, however, raises important ethical and regulatory issues. Embryonic stem cell research requires a steady source of human eggs to create embryos that are destroyed during stem cell extraction. International declarations and guidelines protect the two most vulnerable participants of embryonic stem cell research: women who donate eggs for research purposes and human embryos that are destroyed in the research. In 2005, South Korea passed …

Korean Divorce Law On Claims For Property Division: Dividing Retirement Allowance In Divorce, Faye Y. Park

Washington International Law Journal

As South Koreans divorce closer to the retirement age, the issue of whether retirement allowance should be divided upon divorce has become more prevalent. The applicable law in the division of the retirement allowance in a divorce is Article 839-2 of the Civil Code. This article provides that property realized through the cooperation of both spouses shall be divided in divorce by agreement. The Korean courts have historically undervalued the contribution of spouses who provide housework by giving them less property in the division of acquired marital property. Retirement allowances pose problems because a spouse can contribute in acquiring them …

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Introduction To Recalling Vico's Lament: The Role Of Prudence And Rhetoric In Law And Legal Education, Francis J. Mootz Iii

Chicago-Kent Law Review

No abstract provided.

Vichian Moral Philosophy: Prudence As Jurisprudence, Donald Phillip Verene

Chicago-Kent Law Review

Vico discerned in Descartes' method for conducting right reasoning in the sciences a new and completely modern conception of human knowledge. This conception excludes those fields of study that the ancients believed to be the basis of civil wisdom, namely, eloquence or rhetoric and jurisprudence or law. Vico reminds us that what philosophy was for the Greeks, jurisprudence was for the Romans. In accordance with the Digest, Vico held that Roman law is civil wisdom itself: all that is necessary for proper human conduct is specified in the law. The law itself must be reasonable and just. The law, …

Law And Politics As Play, Lief H. Carter

Chicago-Kent Law Review

Liberal theory fails to cope effectively with the common human tendency, under certain conditions, to brutalize other humans. Liberal theory does not adequately accommodate the reality that humans contest concepts of rights, justice, and truth. The necessarily contextual, contested, and contingent character of substantive liberal principles necessarily prevents them, qua principles, from effectively inhibiting human brutality. Liberal theory also does not take adequate account of the passionate and non-rational character of the human animal. Giambattista Vico's remarkably prescient and comprehensive eighteenth century vision of the human condition anticipates these two barriers to achieving liberalism's pacific political and social vision. Vico …

Labor Provisions In Trade Agreements: From The Naalc To Now, Frank H. Bieszczat

Chicago-Kent Law Review

Globalization holds the promise of bringing employment and wealth to historically underdeveloped areas. Much of the enthusiasm, though, has been dampened by concerns of low wages and poor working conditions. These concerns have resulted in the inclusion of labor provisions in American free trade agreements, including the inclusion of the North American Agreement on Labor Cooperation (NAALC) as a side agreement to NAFTA. This note argues the labor provisions found in these trade agreements fail to achieve the United States' stated goal of using free trade agreements as vehicles to improve labor conditions globally. Too much responsibility is placed on …

On The (Legal) Study Methods Of Our Time: Vico Redux, Marianne Constable

Chicago-Kent Law Review

This essay draws on the form and spirit of Vico's On the Study Methods of Our Time to comment on intellectual and institutional approaches to U.S. legal studies today. It compares rhetoric to the many disciplines—philosophy, economics, sociology, political science, anthropology, poetry, and history—that take law as their subject matter. It argues that law is only partly understood by those who characterize it as command or as morality, as coercive system or as system of rules. It is only partly understood by those who reject law-on-the-books in favor of the empirical study of social behavior. It argues instead that attending …

From Borden To Billing: Identifying A Uniform Approach To Implied Antitrust Immunity From The Supreme Court's Precedents, Jacob L. Kahn

Chicago-Kent Law Review

The doctrine of implied antitrust immunity allows courts to reconcile two inconsistent congressional decrees: (1) that unrestrained competition—the primary goal of the antitrust laws—will produce the most efficient results in any marketplace; and (2) that artificial restraints on competition—as achieved through federal regulation—are necessary to ensure the proper functioning of certain industries. Thus, even when Congress has not expressly exempted a defendant's conduct from the antitrust laws, the fact that the conduct occurred in a regulated industry may sometimes be enough to justify an implied exemption. Due to the importance of the antitrust laws, however, the Supreme Court traditionally has …

Vico's Principle Of Sensus Communis And Forensic Eloquence, Thora Ilin Bayer

Chicago-Kent Law Review

As professor of Latin eloquence at the University of Naples, Vico instructed young students in the principles of rhetoric joined with the principles of Roman jurisprudence. Vico understood the art of rhetoric as based in the art of topics and the art of memory. The places of memory reside in the sensus communis, which is the treasure-house of the images and meanings that underlie the life of all nations. Vico, like Shaftesbury, defines sensus communis as "communal sense," the shared sensibilities that exist among a given people, and ultimately among the whole human race. These common sensibilities are the …

Sublime Jurisprudence: On The Ethical Education Of The Legal Imagination In Our Time, Richard K. Sherwin

Chicago-Kent Law Review

The broad dissemination of digital communication technologies is raising disturbing questions about the nature of truth as representation. This epistemological crisis shares an uncanny affinity with the crisis of representation that lay at the heart of the baroque era during the seventeenth century in Europe. The resolution of that crisis, through the work of Descartes and others, came on the heels of a philosophical shift from the image to the sign. However, as Vico presciently realized 300 years ago, Descartes' semiotic model, together with the totalizing rational method that accompanies it, are ill-suited to civic flourishing. Today, signifiers shorn of …

Vico's "Ingenious Method" And Legal Education, Francis J. Mootz Iii

Chicago-Kent Law Review

Recent calls to reform legal education have culminated in the 2007 Carnegie Report, which is attracting substantial attention and promises to have tremendous influence on American law schools. In this article I survey these calls for reform and argue that they should be put into a broader historical, philosophical and ethical perspective. Three hundred years ago the Italian humanist, Giambattista Vico, delivered his famous oration that serves as the focal point for this symposium, On the Study Methods of Our Time. This oration lamented the rise of Cartesian critical philosophy at the expense of the cultivation of imagination, prudence, …

A Comment On The Relationship Between Judicial Salary And Judicial Quality, Stephen G. Marks

Faculty Scholarship

Professor Scott Baker was kind enough to present his empirical research on the relationship between judicial salary and judicial quality to the Law and Economics Workshop run by Professor Keith Hylton and me last fall and I am honored to be able to comment on it today. It is part of a growing body of literature in law that tries to shed light on important issues through statistical analysis. Baker's paper, even before its publication, generated a significant amount of buzz.

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth

Publications

No abstract provided.

The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Problems With The Reporter's Privilege, Eliason D. Eliason

American University Law Review

No abstract provided.

On The Origin Of Rules (With Apologies To Darwin): A Comment On Antonin Scalia's "The Rule Of Law As A Law Of Rules", David A. Strauss

University of Chicago Law Review

No abstract provided.

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"A Screaming Start: The UN and Human Rights." The Economist. April 24, 2008.