Natural Law Commons^™

Federal Agency Management Plans Are Ongoing Actions Under Endangered Species Act's Section 7: Pacific Rivers Council V. Thomas And Northwest Forest Resources Council, Cheryl Bada

Natural Resources Journal

No abstract provided.

Arsenic And Old Lace: The Epa Should Not Have Approved A Water Quality Standard For Arsenic That Is Below Natural Background Levels In City Of Albuquerque V. Browner, Cyndi Mojtabal

Natural Resources Journal

No abstract provided.

The Evolution Of Water Rights, Anthony Scott, Georgina Coustalin

Natural Resources Journal

No abstract provided.

State And Tribal Water Quality Standards Under The Clean Water Act: A Case Study, Denise D. Fort

Natural Resources Journal

No abstract provided.

The Unfunded Mandates Reform Act Of 1995: Where Will The New Federalism Take Environmental Policy, Denise D. Fort

Natural Resources Journal

No abstract provided.

Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green

Articles

The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …

America's Water: Federal Roles And Responsibilities, Denise D. Fort

Natural Resources Journal

No abstract provided.

Which Right Is Right: The Pueblo Water Rights Doctrine Meets Prior Appropriation, Pierre Levy

Natural Resources Journal

No abstract provided.

Natural Law Theory: Contemporary Essays, Gerard V. Bradley

Journal Articles

Natural Law Theory: Contemporary Essays. Edited by Robert P. George. Oxford University Press. 371 pages. $39.95.

This book's editor, Princeton legal philosopher Robert George, has assembled essays by leading natural law thinkers and their most formidable commentators and critics. The essays, according to George, "convey an idea of the diversity of contemporary natural law theories...'liberal' and 'conservative'.... Some theories fit comfortably into the tradition of Aristotle and Aquinas, others are related to that tradition remotely, if at all."

The Case Of Natural Obligations, David V. Snyder

Articles by Maurer Faculty

No abstract provided.

The Meaning Of Terrorism--Jurisprudential And Definitional Clarifications, Louis R. Beres

Vanderbilt Journal of Transnational Law

This Article examines contemporary definitions of terrorism and determines that they are inadequate. The author describes five specific types of problems with current definitions and offers an appropriate scholarly remedy. This Article concludes, inter alia, that the United States should reject narrow, geopolitical definitions of terrorism. Instead, it should articulate and apply a single unambiguous standard that incorporates the requirements of just cause and just means. Absent evidence of these two elements, the insurgent use of force should be regarded as terrorism. This clearer and more objective definition will enable the United States to approach and address adversarial uses of …

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert E. Rodes

Journal Articles

In these two lively, elegant, and lucid books, Mary Ann Glendon points to an increasing bloody-mindedness in our society, and argues persuasively that law and lawyers are in great part to blame for it. It seems that we are constantly pelting each other with non-negotiable demands backed by the threat of litigation, and that our legal profession has become too venal or too lacking in moral fiber to tell us to lighten up. The first part of the argument is presented in Rights Talk, the second in A Nation Under Lawyers. Both parts are presented with passion, charity, and a …

Some Problems With Public Reason In John Rawls's Political Liberalism, Kent Greenawalt

Faculty Scholarship

Political Liberalism is a major addition to the political theory of John Rawls. In many respects, it develops or alters views expressed in his famous A Theory of Justice. For changes that appeared in various articles Rawls published after the earlier book, Political Liberalism tends to offer nuances of difference. The most original chapter is about public reason, and my comments are directed to that subject, which has now become a centerpiece of Rawls's theory. I draw in Rawls's other views only as they bear on public reason.

My aim is to present some problems I see with his …

Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas

Cardozo Law Review

Where is the site of law's emergence? What opens the field of ethicity? Where does the law come from? Is there a ground of emergence of ethics and of obligation, rather is there a being obligated that arises before any obligation, a duty bound that precedes any particular duty? Our inquiry will attempt to trace the "question of law"-of law's origins and of its value, of law's validity and of its force. Does the law come from the burial ground of the primordial Father? Or from the places of the double murder of the Son and the Daughter? Or, finally, …