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Full-Text Articles in Law
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Law and Contemporary Problems
Gustanski and Wright talk about conservation easements and the public-private interface. The ease of application across varied lands coupled with the financial and tax-associated benefits of conservation easements have driven the popularity of their use in conserving private lands across the US. Conservation easements typically require sizeable public funding resources, which are provided through either direct public expenditures via diverse public programs established to promote the conservation of land or through tax benefits.
Sometimes The Silence Can Be Like The Thunder: Access To Pharmaceutical Data At The Fda, Peter Lurie, Allison Zieve
Sometimes The Silence Can Be Like The Thunder: Access To Pharmaceutical Data At The Fda, Peter Lurie, Allison Zieve
Law and Contemporary Problems
Those committed to the free exchange of scientific information have long complained about various restrictions on access to the FDA's pharmaceutical data and the resultant restrictions on open discourse. A review of open-government procedures and litigation at the FDA demonstrates that the need for transparency at the agency extend well beyond the reach of any clinical trial registry.
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People’S Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Law and Contemporary Problems
Shapiro and Steinzor apply the agency theory to the question of how much secrecy is too much. They use the theory to evaluate the impact of burgeoning secrecy in the likelihood that the executive branch officials will engage in faithful and forceful implementation of statutory materials, particularly in the arenas of protecting public health, safety, and natural resources.
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Watching The Watchers: Enemy Combatants In The Internment Shadow, Jerry Kang
Law and Contemporary Problems
In the past, the government has avoided accountability for the atrocity of allowing the internment of Japanese Americans during WWII. Kang examines whether the federal judiciary is again shying away from its responsibilities of holding the other branches accountable for their actions as they conduct their war on terror.
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Accounting For Science: The Independence Of Public Research In The New, Subterranean Administrative Law, Donald T. Hornstein
Law and Contemporary Problems
The White House Office of Management and Budget (OMB) is putting the final touches on a system designed to account for the science used by federal agencies in their administrative missions. There are reasons for concern that OMB's new programs could be used to skew the system by which regulatory science is generated in the first place.
The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh
The Purposes And Accountability Of The Corporation In Contemporary Society: Corporate Governance At A Crossroads, Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, James P. Walsh
Law and Contemporary Problems
Little attention has been paid to how the governance structures of public corporations adapt to structural changes in the social, political, economic and legal environments in which they operate. Bradley et al chronicle the recent changes in the conduct of business enterprise and establish the necessary conditions for a system of corporate governance capable of accommodating these changes.
Comment, Roy A. Schotland
Comment, Roy A. Schotland
Law and Contemporary Problems
The greatest current threat to judicial independence is the increasing politicization of judicial elections. They are becoming nastier, noisier and costlier.
Comment: Judicial Accountability And Discipline, Wendell L. Griffen
Comment: Judicial Accountability And Discipline, Wendell L. Griffen
Law and Contemporary Problems
The judicial disciplinary process and the specter of politically motivated misconduct allegations against state judges poses an important challenge to judicial independence.
Comment, Thomas R. Phillips
Comment, Thomas R. Phillips
Law and Contemporary Problems
With the proper role of judging so unsettled, it is hardly surprising that Americans also do not agree on what training, experience or temperament will produce the best judge.
Judicial Discipline And Judicial Independence, Steven Lubet
Judicial Discipline And Judicial Independence, Steven Lubet
Law and Contemporary Problems
The question of judicial accountability and independence arises primarily in the context of state courts. When it comes to accountability, it is state judges who must be concerned about threates to their independence.
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Law and Contemporary Problems
Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.
Comment: Judicial Selection And Decisional Independence, Harold See
Comment: Judicial Selection And Decisional Independence, Harold See
Law and Contemporary Problems
To protect the decisional independence of judges without disturbing the proper balance of control on the exercise of judicial power, substantive reforms to the selection processes should include adjustments in judicial term length, responsible campaign finance reform and efforts to assure public understanding of the role of the judiciary in the government structure of the US.