Public Law and Legal Theory Commons^™

Deterrence: The Legitimate Function Of The Public Tort, Thomas C. Galligan, Jr.

Washington and Lee Law Review

No abstract provided.

Cost-Benefit Default Principles, Cass R. Sunstein

Michigan Law Review

Courts should be reluctant to apply the literal terms of a statute to mandate pointless expenditures of effort. . .. Unless Congress has been extraordinarily rigid, there is likely a basis for an implication of de minimis authority to provide exemption when the burdens of regulation yield a gain of trivial or no value. It seems bizarre that a statute intended to improve human health would .. . lock the agency into looking at only one half of a substance's health effects in determining the maximum level for that substance. [I]t is only where there is "clear congressional intent to …

Where Is My Body? Stanley Fish's Long Goodbye To Law, Richard Delgado

Michigan Law Review

Stanley Fish, author of Doing What Comes Naturally, Is There a Text in This Class?, There's No Such Thing as Free Speech, and It's a Good Thing, Too, and other paradigm-shifting books, and who recently left law teaching for a position in university administration, has written one last volume giving his colleagues in the profession he left behind something to think about. In his previous work, Fish, who taught English and law at Duke University, addressed central legal issues such as meaning, communication, and textual interpretation, challenging such received wisdoms as that every text has a single, determinate meaning, or …

Pinocchio In Littleton, William A. Kell

University of Michigan Journal of Law Reform

In this Article, Professor Kell proposes a substantial change in policy direction in the wake of school shootings and other tragedies involving young people's abilities to make mature decisions. First, the Article questions the current state of the law which exclusively deems young people to be mature based on "birthdays and bad acts, " rather than on any concept of demonstrated or earned levels of responsibility. Next, an alternative legal framework is envisioned recognizing young people as increasingly competent citizens who must develop psychosocial maturity, including learning how to judge and utilize advice from others such as parents and peers, …

Department Of Managed Health Care, Amy Kay Boatright, Kelly Ann Debie, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Understanding The "Understanding": Federalism Constraints On Human Rights Implementation, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

Board Of Registered Nursing, Kasey E. Jones, Charlotte Wilder, Rusty Nichols, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Optometry, Tatiana Rodriguez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Board Of Podiatric Medicine, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens

Michigan Journal of Gender & Law

This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …

The Value Vacuum: Self-Enforcing Regimes And The Dilution Of The Normative Feedback Loop, Claire R. Kelly

Michigan Journal of International Law

This article proposes a modified constructivist theory, which links liberalism and constructivism through the normative feedback loop. Part I briefly explains traditional international relations theories such as realism, institutionalism, liberalism and constructivism. A modified constructivist perspective espouses the presence of two constants: (i) assertion of national preferences by constituents for whom the state acts as an agent in international relations, and (ii) social construction of state identities through interaction with other states in the international arena.

Dental Board Of California, Collette C. Galvez, Peter Sansom

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Michelle J. Hubbard, Mary J. Rocco, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Pentadbiran Fatwa Di Negeri Selangor : Kajian Terhadap Enakmen Pentadbiran Perundangan Islam Selangor 1989, Mazni Abdul Wahab

Student Works (2000-2009)

The administration of fatwa in Selangor that has started well before Merdeka, has undergone phenomenal change. Specific legal provisions have largely underscored various aspects of the administration of fatwa including the appointment and power of Mufti, the establishment of Syariah Consultative Committee and the organisation of the administration of fatwa. This study in general attempts to clarify how fatwa has been administered - refering to the law and regulations that are applicable in the state of Selangor. This includes the process of gazetting the fatwa and to what extent the gazetted fatwa are binding to the Muslim community in the …

Board Of Pharmacy, Jenny K. Li, Charlotte Wilder

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Amy Kay Boatright, Kelly Ann Debie, Ashley F. Hall-Hicklin, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

It's Conflict All The Way Down, Michael Fischl

Faculty Articles and Papers

No abstract provided.

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Michigan Journal of International Law

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.

Law As Culture, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

This Essay is an attempt to theorize the relationship of law to culture and culture to law beyond the intuitive, commonplace sense that law partakes of culture - by reflecting it as well as by reacting against it - and that culture refracts law. It proposes a theory of law as culture that, in detailing the mutually constitutive nature of the relationship, distinguishes itself from the way law and culture have been conceived by realist and critical legal scholars, as well as by social norms writers. The Essay concludes by speculating about one possible method by which this theorizing might …

Precontractual Reliance, Lucian A. Bebchuk, Omri Ben-Shahar

Articles

During contractual negotiations, parties often make reliance expenditures that would increase the surplus should a contract be made. This paper analyzes decisions to invest in precontractual reliance under alternative legal regimes. Investments in reliance will be socially suboptimal in the absence of any precontractual liability-and will be socially excessive under strict liability for all reliance expenditures. Given the results for these polar cases, we focus on exploring how "intermediate"-liability rules could be best designed to induce efficient reliance decisions. One of our results indicates that the case for liability is shown to be stronger when a party retracts from terms …

Judicial Review Of Member-State Regulation Of Trade Within A Federal Or Quasi-Federal System: Protectionism And Balancing, Da Capo, Donald H. Regan

Articles

The topic of this Essay is not one Terry Sandalow has worked on, but he got me started on it by organizing, with Eric Stein, the Bellagio Conference on comparative constitutional economic integration in the United States and the European Community. For that, and for thirty-three years during which he has been an unfailingly stimulating and supportive colleague, Dean, and friend, I am deeply grateful.

The Dynamic Analytics Of Property Law, Michael A. Heller

Articles

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam

Articles

In recent years, the constitutional law of foreign relations has come under intense academic scrutiny, and with it the traditionally accepted constitutional balance between the federal government and the States. In the course of this renewed debate, revisionist scholars have challenged the previously dominant view that States have no place in foreign affairs.

Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998).

Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we …

Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner

Michigan Journal of International Law

In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …

Afterword, Mark A. Chinen

Michigan Journal of International Law

The author prefaces the afterword in the following manner: “Professors Goldsmith and Posner have given an insightful reply to my Article. It has been a pleasure to engage in a discussion of these issues with respected colleagues via this exchange of writings, and I am grateful to the Journal for providing the opportunity to do so. Most of the positions I have taken are already adequately discussed in the body of the Article, and this afterword is not intended to summarize all of the arguments made there. However, I wanted to address some of the points Professors Goldsmith and Posner …

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

University of Richmond Law Review

The Roman Emperor Trajan is justly celebrated as an author of several modern civil rights, such as the right to confront one's accusers. But he is most aptly remembered as the ruler who proved that fiduciary government was possible. Following the example of Trajan's reign could improve greatly the standards of American public law.

Integrating Water Management And Land Use Planning: Uncovering The Missing Link In The Protection Of Florida's Water Resources?, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

No abstract provided.

The Ups And Downs Of Growth Management In Florida, James C. Nicholas

University of Florida Journal of Law & Public Policy

No abstract provided.

Reforming Growth Management In The 21st Century: The Metropolitan Imperative, Douglas R. Porter

University of Florida Journal of Law & Public Policy

No abstract provided.