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Legislation Commons

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Legal Writing and Research

Selected Works

Legislative history

Articles 1 - 2 of 2

Full-Text Articles in Legislation

The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater Oct 2011

The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.


Introduction To Special Issue: Determining Legislative Intent In State Courts, Selected Methods And Sources, Linda Kawaguchi Dec 2010

Introduction To Special Issue: Determining Legislative Intent In State Courts, Selected Methods And Sources, Linda Kawaguchi

Linda Kawaguchi

Judges and legislators alike have expressed a desire for more certainty on how and when legislative history should be used, both in the interpretation of statutes and to ascertain intent. This is an evolving area of the law, and states appear to be taking the lead in experimenting with methods to provide clarity to what has traditionally been a murky issue. These changes will have an impact on researchers in the future. The articles included in this issue were selected to demonstrate a range of approaches in the areas of legislative process, the history of courts and legislatures addressing the …