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Full-Text Articles in Law

Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons Oct 2004

Case Comment On F. Hoffman-Laroche Ltd. V. Empagran S.A. In 'The Supreme Court 2003 Term: Leading Cases. Iii Federal Statutes And Regulations: E. Foreign Trade Antitrust Improvement Act', Daniel Lyons

Daniel Lyons

No abstract provided.


Dept. Of Labor Increases Union Financial Reporting Requirements, Daniel Lyons Feb 2004

Dept. Of Labor Increases Union Financial Reporting Requirements, Daniel Lyons

Daniel Lyons

No abstract provided.


Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu Jan 2004

Fairness Versus Efficiency In Environmental Law, Shi-Ling Hsu

Shi-Ling Hsu

Like many other areas of law, the development of environmental law has been strongly influenced by notions of fairness. This should not be surprising, since environmental law has been developed by lawyers, who are self-selected to be fairness-oriented and trained to think in terms of fairness. While large environmental gains have been achieved in the thirty-year history of environmental law, progress seems to have reached a plateau. Partisanship has poisoned the debate on how best to proceed in making further environmental progress. I attribute the failings and the current stalemate in environmental law to our obsession with fairness. Fairness-thinking has …


The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster Dec 2003

The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster

Mark Fenster

Much of what we recognize as contemporary administrative law emerged during the 1920s and 1930s, a period when a group of legal academics attempted to aid Progressive Era and New Deal regulatory efforts by crafting a legitimating system for the federal administrative state. Their system assigned competent, expert institutions—most notably administrative agencies and the judiciary—well-defined roles: Agencies would utilize their vast, specialized knowledge and abilities to correct market failures, while courts would provide a limited but crucial oversight of agency operations. This Article focuses both on this first generation of administrative law scholarship, which included most prominently Felix Frankfurter and …