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Articles 91 - 113 of 113

Full-Text Articles in Law

Borders And The Environment, Andrew P. Morriss, Roger E. Meiners Jul 2015

Borders And The Environment, Andrew P. Morriss, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Homesteading Rock: A Defense Of Free Access Under The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak Jul 2015

Homesteading Rock: A Defense Of Free Access Under The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Andrew P. Morriss

No abstract provided.


The Market For Legal Education & Freedom Of Association: Why The Solomon Amendment Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss Jul 2015

The Market For Legal Education & Freedom Of Association: Why The Solomon Amendment Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss Jul 2015

Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Andrew P. Morriss

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical …


Litigating To Regulate: Massachusetts V. Environmental Protection Agency, Andrew P. Morriss Jul 2015

Litigating To Regulate: Massachusetts V. Environmental Protection Agency, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Introduction, Symposium Lsu J. Energy L. & Resources, Roger Meiners, Andrew P. Morriss Jul 2015

Introduction, Symposium Lsu J. Energy L. & Resources, Roger Meiners, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


The Fable Of The Codes: The Efficiency Of The Common Law, Legal Origins, And Codification Movements, Nuno Garoupa, Andrew P. Morriss Jul 2015

The Fable Of The Codes: The Efficiency Of The Common Law, Legal Origins, And Codification Movements, Nuno Garoupa, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Specialized Labor And Employment Law Institutions In New Zealand And The United States, Andrew P. Morriss Jul 2015

Specialized Labor And Employment Law Institutions In New Zealand And The United States, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


This State Will Soon Have Plenty Of Laws - Lessons From One Hundred Years Of Codification In Montana, Andrew P. Morriss Jul 2015

This State Will Soon Have Plenty Of Laws - Lessons From One Hundred Years Of Codification In Montana, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Private Actors & Structural Balance: Militia & The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss Jul 2015

Private Actors & Structural Balance: Militia & The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss

Andrew P. Morriss

Private Actors & Structural Balance: Militia & the Free Rider Problem in Private Provision of Law


Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss Jul 2015

Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss

Andrew P. Morriss

Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …


Codification And Right Answers, Andrew P. Morriss Jul 2015

Codification And Right Answers, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Hayek & (And) Cowboys: Customary Law In The American West, Andrew P. Morriss Jul 2015

Hayek & (And) Cowboys: Customary Law In The American West, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Opting For Change Or Continuity? Thinking About 'Reforming' The Judicial Article Of Montana's Constitution, Andrew P. Morriss Jul 2015

Opting For Change Or Continuity? Thinking About 'Reforming' The Judicial Article Of Montana's Constitution, Andrew P. Morriss

Andrew P. Morriss

Opting for Change or Continuity


Hardrock Homesteads: Free Access And The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak Jul 2015

Hardrock Homesteads: Free Access And The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Andrew P. Morriss

No abstract provided.


Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson Jul 2015

Principles For Water, Andrew P. Morriss, Bruce Yandle, Terry L. Anderson

Andrew P. Morriss

No abstract provided.


Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss Jul 2015

Legal Arguments In The Opinions Of Montana Territorial Chief Justice Decius S. Wade, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss Jul 2015

Exploding Myths: An Empirical And Economic Reassessment Of The Rise Of Employment At-Will, Andrew P. Morriss

Andrew P. Morriss

No abstract provided.


Green Jobs Myths, Andrew P. Morriss, William T. Bogart, Andrew Dorchak, Roger E. Meiners Jul 2015

Green Jobs Myths, Andrew P. Morriss, William T. Bogart, Andrew Dorchak, Roger E. Meiners

Andrew P. Morriss

No abstract provided.


Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup Jul 2015

Quartering Species: The Living Constitution, The Third Amendment, And The Endangered Species Act, Andrew P. Morriss, Richard L. Stroup

Andrew P. Morriss

The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.


Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson Jul 2015

Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson

Andrew P. Morriss

Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school …


Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss Jul 2015

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Andrew P. Morriss

In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …


Introduction To The Montana Field Code, Andrew P. Morriss Jul 2015

Introduction To The Montana Field Code, Andrew P. Morriss

Andrew P. Morriss

Introduction to the Montana Field Code