Natural Law Commons^™

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.

Great Lakes—Great Legacy?, Leonard B. Dworsky

Natural Resources Journal

No abstract provided.

The Jackson Elk Herd, James Jackson

Natural Resources Journal

No abstract provided.

Environmental Regulation Of Coal Mining, Smcra's Second Decade, Carl E. Zipper, Richard Roth

Natural Resources Journal

No abstract provided.

Rights, Communities, And Tradition, Brian Slattery

Articles & Book Chapters

This paper argues that there is a close connection between basic human rights and communal bonds. It criticizes the philosophical views of Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection.

An Adequate Eis Under Nepa: Deference To Ceq; Merely Conceptual Listing Of Mitigation Leads Us To A Merely Conceptual National Environmental Policy, Jennifer R. Bartlit

Natural Resources Journal

No abstract provided.

Water Politics: Continuity And Change, Albert E. Utton

Natural Resources Journal

No abstract provided.

The Pope As Interpreter Of Natural Law, Charles E. Rice

Journal Articles

The Church's claim to define the applications of the natural law can be understood only in the context of God's plan of creation. God created us, in the words of the Baltimore Catechism, "to know, love and serve Him in this world and to be happy with Him in the next." The world is not a product of chance. Rather it was created by a loving God whose existence and attributes we can demonstrate and who has ordered his creation in accord with his design. God, the Creator, has a plan for the world. A "universal rational orderliness" is "characteristic …

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.

Revisiting The Waste Land: What The Thunder Is Saying, Walter Coppedge

Natural Resources Journal

No abstract provided.

Forging A New State-Federal Alliance In Water Management, Stephen S. Light, John R. Wodraska

Natural Resources Journal

No abstract provided.

Algorithmic Justice, Alan Wolfe

Cardozo Law Review

No abstract provided.

Police And Regulatory Power Vs. Pecuniary Interests: The Bankrupt Hazardous Waste Site Owner Faces The Music. United States V. Nicolet, Inc., 857 F.2d 202 (3d Cir.1988), Douglas L. Hayes

Natural Resources Journal

No abstract provided.

Citzen Enforcement Of Clean Water Act Violations; The Supreme Court Steers A New Course Over Muddied Waters; Gwaltney Of Smithfield, Ltd. V. Chesapeake Bay Foundation, Inc., Sergio J. Viscoli

Natural Resources Journal

No abstract provided.

In Re Rights To Use Water In The Big Horn River 753 P.2d 76 (Wyo. 1988), Peg Rogers

Natural Resources Journal

No abstract provided.

Concluding Reflections, John M. Finnis

Journal Articles

A symposium to which one person contributes three extended papers is no unmixed pleasure for readers. This third contribution of mine will interest only those curious to see my response to other symposiasts' comments on my earlier efforts (in the symposium and elsewhere). To enable this curiosity to be satisfied as costlessly as possible, I divide these concluding reflections by authors rather than themes, though with priorities suggested by themes rather than authors.

The Natural Law Of Rhythm And Equality, John W. Ragsdale Jr

Faculty Works

The quest for natural law can easily seem futile to the secularist, and the legal terrain beyond human institutions has often been abandoned to the theologians and the supernaturalists. Most contemporary legal philosophers tend to focus on law as process, on legal positivism and legal realism, on the relativity of values or on the legal masking of class, race or gender interests. This piece will not do direct battle with these philosophies, all of which may have internal integrity and legitimacy within their chosen spheres. Instead, this piece will reexplore the possibility and propriety of linking the reality of law …

Schneidewind V. Anr Pipeline 485 U.S. 293 (1988), Peter Wirth

Natural Resources Journal

No abstract provided.

Whose Nature? Practical Reason And Patriarchy, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Natural Law And Legal Reasoning, John M. Finnis

Journal Articles

Much academic theory about legal reasoning greatly exaggerates the extent to which reason can settle what is greater good or lesser evil, and minimizes the need for authoritative sources which, so far as they are clear and respect the few absolute moral rights and duties, are to be respected as the only rational basis for judicial reasoning and decision, in relation to the countless issues which do not directly involve those absolute rights and duties. A natural law theory in the classical tradition makes no pretense that natural reason can determine the one right answer to those countless questions which …

Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis

Journal Articles

The economic analysis of which Adam Smith is a principal founder is helpful in practical reasoning about problems of justice precisely insofar as it systematically calls attention to the side-effects of individual choices and actions and behavior. Still, it would be a mistake to conclude that we need only a more adequate account of the benefits and burdens up for distribution or allocation by those responsible for the common good or general fate. We need also to bear in mind what Smith did not forget and what economics does not comprehend, the requirements of commutative justice. To see this, we …

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

The Constitution's Accommodation Of Social Change, Philip A. Hamburger

Michigan Law Review

Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?

The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …

Interior Turns Off Tap For Wilderness Areas, M. Gloria Tristani

Natural Resources Journal

No abstract provided.

Using Surveys To Value Public Goods: The Contingent Valuation Method, Raymond Price

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Tribute, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Symposium Introduction: New Challenges To State Water Allocation Sovereignty, Charles T. Dumars, A. Dan Tarlock

Natural Resources Journal

No abstract provided.

Pushing State Regulatory Commissions Behind The Bright Line: Ferc Jurisdiction Pervails In Mississippi Power & (And) Light Co. V. Mississippi Ex Rel. Moore, Elizabeth Newlin Taylor

Natural Resources Journal

No abstract provided.