Public Law and Legal Theory Commons^™

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

Ten Years Of Takings, Gregory S. Alexander

Cornell Law Faculty Publications

No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.

Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …

Judicial Review Of Petitions, Cynthia R. Farina

Cornell Law Faculty Publications

Senate bill 343, at least, is careful to say that upon denial of a petition, the denial should be deemed "agency action" for purposes of judicial review. Only at one point in the legislation does the statute speak explicitly to the standard, and that's with respect to the petition for putting an existing major rule on the schedule for analysis. The bill says that the agency's action shall be overturned by the court only on the determination that the action was arbitrary and capricious or an abuse of discretion, which is what we assumed the standard would have been for …

David Shapiro's Adversary Statement On Federalism, Patrick E. Higginbotham

Michigan Law Review

A Review of David L. Shapiro, Federalism: A Dialogue

The Concept Of Law Revisited, Leslie Green

Michigan Law Review

A Review of H.L.A. Hart, The Concept of Law Second Edition

Reading The Legal Process, Anthony J. Sebok

Michigan Law Review

A Review of Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in eh Making and Application of Law

Libertarianism With A Twist, Heidi Li Feldman

Michigan Law Review

A Review of Richard A. Epstein, Simple Rules for a Complex World

Overcoming Posner, Gerard V. Bradley

Michigan Law Review

A Review of Richard A. Posner, Overcoming Law

Public Choice, Public Opinion, And The Fuller Court, Jonathan R. Macey

Vanderbilt Law Review

Everyone has his own, personal view about what role the United States Supreme Court should play in American political life. Conservatives of the Robert Bork variety prefer that supreme court justices treat congressional enactments with great deference and respect.' Liberals of the Laurence Tribe persuasion like judges to take an active role in ensuring certain individual rights, such as the right to abortion, while giving Congress latitude to regulate in the sphere of economic rights. Libertarians of the Bernard Siegan orientation strenuously deny the difference between economic liberties and other sorts of human rights and would have judges actively protect …

Can Families Be Efficient? A Feminist Appraisal, Ann Laquer Estin

Michigan Journal of Gender & Law

This Article examines the convergence of feminist and law and economics theory on family law questions, particularly issues of marriage and divorce. Both feminist legal theory and law and economics analysis have come to occupy a significant place in the American legal academy, demonstrated by growing numbers of conferences, journals, casebooks and monographs, and electronic mail lists in each area. Not surprisingly, as the two fields have grown, they have begun to touch, to overlap, and occasionally to come into conflict. This process has been evident in the extensive literature on sex discrimination in employment and is increasingly apparent in …

Washington Defendants' New Right Of Pre-Trial Flight, Christopher T. Igielski

Seattle University Law Review

Certainly, it is only by disregarding the "victim's rights" that one can begin to fathom the Washington Supreme Court's decision in State v. Jackson. This decision reversed the conviction of a man who raped his four-year-old niece on Christmas Eve in 1979, causing her to contract gonorrhea. Following his arraignment, Jackson fled and failed to appear at his trial. After attempts to locate Jackson failed, a trial was held in absentia' and he was found guilty of rape, with sentencing suspended pending his return to custody. Jackson evaded the law for nearly thirteen years.'0 Shortly after his eventual capture …

Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz

Books

Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.

In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …

The Human Genome Project And The End Of Insurance, Roberta M. Berry

University of Florida Journal of Law & Public Policy

No abstract provided.

Genetically Engineered Plant Pesticides: Recent Developments In The Epa's Regulation Of Biotechnology, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.

Recent Congressional Consumption Tax Proposals: A Theoretical Inquiry Into Their Effects On The Declining U.S. Saving Rate, Thomas Michael Federico

University of Florida Journal of Law & Public Policy

No abstract provided.

The Franchisor As Predator: Encroachment And The Implied Covenant Of Good Faith, Marc A. Wites

University of Florida Journal of Law & Public Policy

No abstract provided.

Editorial Notes, Robert D. Gehringer

Richmond Public Interest Law Review

The Editorial Board notes the remarkable evolution of the American Presidency during the twentieth century.

On Conduits And Voices, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Some Recent Developments In Canadian Constitutional Theory With Particular Reference To Beatty And Hutchinson, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

This article provides a critique of recent books by two prominent Canadian constitutional theorists - David Beatty's Constitutional Law in Theory and Practice and Allan Hutchinson's Waiting for CORAF: A Critique of Law and Rights. Devlin begins with a brief overview of the various positions that have been staked out in writing on the Canadian Charter of Rights and Freed oms during the last decade. He identifies three broad constituencies: Charter advocates who assume that rights are an "unqualified human good" and that judicial review is an important check on majoritarian zealotry; Charter critics who emphasize the undemocratic nature of …

A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin

Articles, Book Chapters, & Popular Press

Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

Articles

The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

Table Of Contents

Richmond Public Interest Law Review

The American Presidency in the Twenty-First Century

"Takings" Jurisprudence In The U.S. Supreme Court: The Past 10 Years, Gregory S. Alexander

Cornell Law Faculty Publications

No area of American property law has been more controversial in recent years than the government regulation of uses of private property. No aspect of American constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the requirement that the government pay compensation for takings of property. The purpose of this essay is to acquaint the non-American legal scholar who is unfamiliar with the recent developments in the United States Supreme Court “takings” jurisprudence. The essay does not presuppose any background knowledge about either American constitutional or property law. Instead it attempts to familiarize …

"Originalist" Values And Constitutional Interpretation, Richard Kay

Faculty Articles and Papers

No abstract provided.

Is International Law Fair?, Gerry J. Simpson

Michigan Journal of International Law

Review of Fairness in International Law and Institutions by Thomas M. Franck

A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose

Washington and Lee Law Review

No abstract provided.

Limits On Marketing Of Attorney Services, Veronica Wooten Brace

University of Florida Journal of Law & Public Policy

No abstract provided.

Constitutional Law: The Reach Of The Commerce Power Over Noncommercial Acts (Cheffer V. Reno, 55 F.2d 1517 (11th Cir. 1995)), Nina Smith

University of Florida Journal of Law & Public Policy

No abstract provided.

Clergy Sexual Malpractice, John H. Arnold

University of Florida Journal of Law & Public Policy

No abstract provided.