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Articles 61 - 66 of 66
Full-Text Articles in Public Law and Legal Theory
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
Fair Use Rights In A World Of The Broadcast Flag And Digital Rights Management: Do Consumers Have A Chance?, Andrew William Bagley
University of Florida Journal of Law & Public Policy
No abstract provided.
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
Mining For Morality At Sago Mine: Big Business And Big Money Equal Modest Enforcement Of Health And Safety Standards, Shari Ben Moussa
University of Florida Journal of Law & Public Policy
No abstract provided.
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Public-Private Health Law: Multiple Directions In Public Health, Nan D. Hunter
Georgetown Law Faculty Publications and Other Works
No public law is more public than public health law. Its defining subject is the use of state power to control and prevent death and disease. Its primary institutions are a cluster of state actors, the governmental agencies that comprise the American public health "system.,, The system grew out of the eighteenth century boards of health that produced the beginnings of administrative law. Public health law is grounded on statutory provisions that authorize various forms of state action and on judicial decisions that resolve constitutional challenges to those actions.
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Faithfully Executing The Laws: Internal Legal Constraints On Executive Power, Dawn E. Johnsen
Articles by Maurer Faculty
Since September 11, 2001 the Bush Administration has engaged in a host of controversial counterterrorism actions that threaten civil liberties and even the physical safety of those targeted: enemy combatant designations, extreme interrogation techniques, extraordinary renditions, secret overseas prisons, and warrantless domestic surveillance. To justify otherwise-unlawful policies, President Bush and his lawyers have espoused an extreme view of expansive presidential power during times of war and national emergency. Debate has raged about the details of desirable external checks on presidential excesses, with emphasis appropriately on the U.S. Congress and the courts. Yet an essential internal source of constraint is often …
Can There Be A Theory Of Law?, Joseph Raz
Can There Be A Theory Of Law?, Joseph Raz
Faculty Scholarship
The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place and time. It also considers the possibility of understanding the institutions, such as the law, of cultures whose concepts …
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such …