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Articles 1 - 30 of 119
Full-Text Articles in Law
Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber
Disarmed By Time: The Second Amendment And The Failure Of Originalism, Daniel A. Farber
Daniel A Farber
No abstract provided.
Uncertainty As A Basis For Standing, Daniel A. Farber
Uncertainty As A Basis For Standing, Daniel A. Farber
Daniel A Farber
No abstract provided.
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel A. Farber
Expressive Commerce In Cyberspace: Public Goods, Network Effects, And Free Speech, Daniel A. Farber
Daniel A Farber
No abstract provided.
When The Court Has A Party, How Many Friends Show Up - A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
When The Court Has A Party, How Many Friends Show Up - A Note On The Statistical Distribution Of Amicus Brief Filings, Daniel A. Farber
Daniel A Farber
This article examines the statistical distribution of amicus brief filings. The previous research on the distribution of amicus brief filings had examined the patterns of citation frequency in order to test three models. The current study tests these models in the context of amicus brief filings. The two primary results of the current study are presented. First, a power law distribution does provide improved fit over linear regression. Second, amicus brief filings are unrelated to the number of federal appellate citations received by an opinion.
Judicial Review And Its Alternatives: An American Tale, Daniel A. Farber
Judicial Review And Its Alternatives: An American Tale, Daniel A. Farber
Daniel A Farber
No abstract provided.
Content Regulation And The First Amendment: A Revisionist View, Daniel A. Farber
Content Regulation And The First Amendment: A Revisionist View, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
The Trouble With Tarble's: An Excerpt From An Alternative Casebook, Daniel A. Farber
Daniel A Farber
Presents the judgment, concurring and dissenting opinion of the judges in the case Ex Parte Printz. Discussion on the Brady Act; Facts and decision in the case of Printz; Concurring opinion Justice Scalia; Dissenting opinion of Justice Stevens and other justices.
The Case Against Brilliance, Daniel A. Farber
Is There A Text In This Class - The Conflict Between Textualism And Antitrust, Daniel A. Farber, Brett H. Mcdonnell
Is There A Text In This Class - The Conflict Between Textualism And Antitrust, Daniel A. Farber, Brett H. Mcdonnell
Daniel A Farber
No abstract provided.
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
The Supreme Court, The Law Of Nations, And Citations Of Foreign Law: The Lessons Of History, Daniel A. Farber
Daniel A Farber
The article attempts to examine the U.S. Supreme Court's (SC) reliance on foreign law in light of historic American attitudes toward the law of nations and other forms of foreign authority. First, it provides additional background on the current SC's reliance on foreign law. Second, it looks at the historical record, explaining how foreign law influenced the thinking of the framers of the Constitution and of the anti-slavery Republicans. Third, it surveys the history of SC's use of foreign law in constitutional decisions. Fourth, it assesses some of the arguments against SC use of foreign law in light of the …
Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber
Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
Legal Pragmatism And The Constitution, Daniel A. Farber
Legal Pragmatism And The Constitution, Daniel A. Farber
Daniel A Farber
No abstract provided.
Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber
Introduction: Practical Reason And The Scholarship Of Philip P. Frickey, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Rule Of Law And The Law Of Precedents, Daniel A. Farber
The Rule Of Law And The Law Of Precedents, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Dead Hand Of The Architect, Daniel A. Farber
The Dead Hand Of The Architect, Daniel A. Farber
Daniel A Farber
No abstract provided.
Earthquakes And Tremors In Statutory Interpretation: An Empirical Study Of The Dynamics Of Interpretation, Daniel A. Farber
Earthquakes And Tremors In Statutory Interpretation: An Empirical Study Of The Dynamics Of Interpretation, Daniel A. Farber
Daniel A Farber
No abstract provided.
The Importance Of Being Final, Daniel A. Farber
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Backward-Looking Laws And Equal Protection: The Case Of Black Reparations, Daniel A. Farber
Daniel A Farber
No abstract provided.
Disaster Law And Inequality, Daniel A. Farber
Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber
Daniel A Farber
Environmental law is examined in light of the slippage between regulatory standards and the actual conduct of regulated parties. Two forms of slippage are identified: negative, which describes the situation where something that is legally mandated to happen fails to happen; and affirmative, which describes the situation where required standards are renegotiated rather than ignored. This concept of slippage is explored in terms of how it might inform discussions of legal doctrine, environmental policy, and environmental pedagogy. Slippage is good in the context that it can ameliorate the sometimes impractical demands found in statues, and bad in the context that …
Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber
Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber
Daniel A Farber
Presents comments on an article about environmental goods. Background of incommensurability and federal environmental law; What the environmental law seems to incorporate; Overview of the incommensurability and individual choice.
Climate Adaptation And Federalism: Mapping The Issues, Daniel A. Farber
Climate Adaptation And Federalism: Mapping The Issues, Daniel A. Farber
Daniel A Farber
No abstract provided.
Commercial Speech And First Amendment Theory, Daniel A. Farber
Commercial Speech And First Amendment Theory, Daniel A. Farber
Daniel A Farber
A series of US Supreme Court cases are considered that have held that commercial advertising is sometimes protected from government regulation by the first amendment of the Constitution. It is concluded that advertising has two components: (1) a contractual component, which can be freely regulated by the government, & (2) an informational component, which cannot be regulated because it is a form of free speech. AA
Democracy And Disgust: Reflections On Public Choice, Daniel A. Farber
Democracy And Disgust: Reflections On Public Choice, Daniel A. Farber
Daniel A Farber
No abstract provided.
Basic Compensation For Victims Of Climate Change, Daniel A. Farber
Basic Compensation For Victims Of Climate Change, Daniel A. Farber
Daniel A Farber
Prof. Daniel Farber argues that compensation for harm caused by climate change is a moral imperative, and he surveys various mechanisms that have been used in other circumstances to compensate large numbers of victims for environmental and other harms. In response, Professor Feinberg cautions that significant hurdles remain before any realistic compensation system could be considered, but suggests that the most effective approach may be evolving parallel tracks of civil litigation and government action to address climate harm. Peter Lehner and William Dornbos argue that using common-law doctrines to find greenhouse gas (GHG) emitters liable for harm is a more …
Constitutional Cadenzas, Daniel A. Farber
Risk Regulation In Perspective: Reserve Mining Revisited, Daniel A. Farber
Risk Regulation In Perspective: Reserve Mining Revisited, Daniel A. Farber
Daniel A Farber
The Reserve Mining v. EPA case involved the disposal of iron ore mine tailings containing asbestos in Lake Superior over an extended period. The case litigation is described, and the decision forcing the Reserve Mining Co to spend over $200 million to eliminate asbestos from the drinking water of Duluth, MN, is assessed in light of uncertain risk assessment. It is concluded that the court decision was the prudent one on the basis of both cost/benefit and feasibility analysis. Cost/benefit analysis focuses on the possible number of lives saved vs. the total cost of control, while feasibility analysis stresses factors …
Justice Harlan And The First Amendment, Daniel A. Farber, John E. Nowak
Justice Harlan And The First Amendment, Daniel A. Farber, John E. Nowak
Daniel A Farber
No abstract provided.
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber
Daniel A Farber
No abstract provided.
National Security, The Right To Travel, And The Court, Daniel A. Farber
National Security, The Right To Travel, And The Court, Daniel A. Farber
Daniel A Farber
No abstract provided.