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Articles 2881 - 2910 of 4190
Full-Text Articles in Public Law and Legal Theory
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Original Intention And Public Meaning In Constitutional Interpretation, Richard Kay
Faculty Articles and Papers
In recent years academic explanations of the originalist approach to constitutional interpretation have shifted the relevant inquiry from the subjective intent of the constitution-makers to the original public meaning of the Constitution's words. This article is a critical analysis of that development. In the actual course of adjudication by honest and competent judges either method should usually yield the same result. The reliance on public meaning, however, distracts the interpreter from the connection between the normative force of the Constitution and the founding events, a link that is essential to the legitimacy of constitutional judicial review. In the hands of …
Family Classes: Rethinking Contraceptive Choice, Naomi Cahn, June Carbone
Family Classes: Rethinking Contraceptive Choice, Naomi Cahn, June Carbone
University of Florida Journal of Law & Public Policy
No abstract provided.
Home, Rights, And Private Communities, Paul Boudreaux
Home, Rights, And Private Communities, Paul Boudreaux
University of Florida Journal of Law & Public Policy
No abstract provided.
Four Out Of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations, Neil H. Buchanan
Four Out Of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations, Neil H. Buchanan
UF Law Faculty Publications
As part of the George Washington Law Review's symposium "What Does Our Legal System Owe Future Generations? New Analyses of Intergenerational Justice for a New Century," participants discussed the nature of intergenerational obligations as they relate to fiscal policy. The panelists reached consensus that intergenerational justice is not an appropriate lens through which to analyze fiscal issues, because there is no obvious starting point from which to build a moral consensus about whether current generations owe anything at all to future generations, much less how to quantify any such obligation. In addition, even pessimistic forecasts indicate that future generations will …
What Do We Owe Future Generations?, Neil H. Buchanan
What Do We Owe Future Generations?, Neil H. Buchanan
UF Law Faculty Publications
In the United States, it is common for legal scholars, economists, politicians and others to claim that we are selfishly harming "our children and grandchildren" by (among many other things) running large government budget deficits. This article first asks two broad questions: (1) Do we owe future generations anything at all as a philosophical matter? and (2) If we do owe something to future generations, how should we balance their interests against our own? The short answers are "Probably" and "We really are not sure." Finding only general answers to these general questions, I then look specifically at U.S. fiscal …
The Invention Of Legal Primitivism, Steven Wilf
The Invention Of Legal Primitivism, Steven Wilf
Faculty Articles and Papers
This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …
Evolutionary Theory And The Origin Of Property Rights, James E. Krier
Evolutionary Theory And The Origin Of Property Rights, James E. Krier
Articles
For legal scholars, the evolution of property rights has been a topic in search of a theory. My aim here is to draw together various accounts (some of them largely neglected in the legal literature), from dated to modern, and suggest a way they can be melded into a plausible explanation of property's genesis and early development. What results hardly amounts to a theory, but it does suggest an outline for one. Moreover, it provides a primer on the subject, a reasonably solid foundation for thinking and talking about the evolution of property rights.
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
The German Constitutional Court Says 'Ja Zu Deutschland!', Daniel H. Halberstam, Christoph Möllers
Articles
In announcing the decision of the Bundesverfassungsgericht (BVerfG - Federal Constitutional Court) on the constitutionality of the Lisbon Treaty, the Presiding Justice of the Second Senate summed up the judgment by proclaiming: “Das Grundgesetz sagt ‘Ja' zum Vertrag von Lissabon.”
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Fordham Urban Law Journal
This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …
Mr. Presidential Candidate: Whom Would You Nominate?, Stuart M. Benjamin, Mitu Gulati
Mr. Presidential Candidate: Whom Would You Nominate?, Stuart M. Benjamin, Mitu Gulati
Faculty Scholarship
Presidential candidates compete on multiple fronts for votes. Who is more likeable? Who will negotiate more effectively with allies and adversaries? Who has the better vice-presidential running mate? Who will make better appointments to the Supreme Court and the cabinet? This last question is often discussed long before the inauguration, for the impact of a secretary of state or a Supreme Court justice can be tremendous. Despite the importance of such appointments, we do not expect candidates to compete on naming the better slates of nominees. For the candidates themselves, avoiding competition over nominees in the pre-election context has personal …
Mechanism Choice, Jonathan B. Wiener, Barak D. Richman
Mechanism Choice, Jonathan B. Wiener, Barak D. Richman
Faculty Scholarship
This chapter reviews the literature on the selection of regulatory policy instruments, from both normative and positive perspectives. It first reviews the mechanism design literature to identify normative objectives in selecting among the menu or toolbox of policy instruments. The chapter then discusses the public choice and positive political theory literatures and the variety of models developed to attempt to predict the actual selection of alternative policy instruments. It begins with simpler early models focusing on interest group politics and proceeds to more complicated models that incorporate both supply and demand for policy, the role of policy entrepreneurs, behavioral and …
The Missing Jurisprudence Of The Legislated Constitution, Robin West
The Missing Jurisprudence Of The Legislated Constitution, Robin West
Georgetown Law Faculty Publications and Other Works
Does the fourteenth Amendment and its Equal Protection Clause — the promise that "no state shall deny equal protection of the laws" — have any relevance to the progressive project of reducing economic inequality in various spheres of life or, more modestly, of ameliorating the multiple vulnerabilities of this country's poor people? The short answer, I believe, is, it depends. It will depend, in 2020, just as it depends now, on what we mean by the Constitution we are expounding: the Constitution as read and interpreted by courts — the adjudicated Constitution — or what I propose to call the …
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian Mccall
Exploring The Foundations Of Dworkin's Empire: The Discovery Of An Underground Positivist, Brian Mccall
Faculty Articles
This review essay examines the jurisprudence of Ronald Dworkin as presented in the anthology: Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, edited by Scott Hershovitz. Notwithstanding the influence Dworkin's jurisprudence has had on the reconsideration of moral reasoning within legal reasoning, the essay concludes that at its foundation Dworkin's jurisprudence is based upon Legal Positivist principles. The essay first summarizes the jurisprudence of Dworkin and then contrasts his jurisprudence with traditional Natural Law Legal Theory and finally exposes the Positivist foundations of Dworkin's Legal Empire.
An Improved Analytical Framework For The Official Acknowledgment Doctrine: A Broader Interpretation Of “Through An Official And Documented Disclosure”, Jessica Fisher
NYLS Law Review
No abstract provided.
Reshaping The Common Good In Times Of Public Health Emergencies: Validating Medical Triage, George P. Smith Ii
Reshaping The Common Good In Times Of Public Health Emergencies: Validating Medical Triage, George P. Smith Ii
Scholarly Articles
Public health ethics require individuals who are inherently at risk for transmitting communicable disease to be subjected, oftentimes, to isolation, quarantine, or compulsory vaccination - all undertaken, as such, to protect the common good and thereby secure the public-at-law for exposure to the spread of an infectious disease.
This article tests the extent to which public health emergencies necessitate a reinterpretation or reshaping of the common good and proceeds to analyze the extent to which the medical principle of triage is a relevant construct for allocating scarce medical resources during contemporary public health emergencies. The article proceeds to test the …
The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards
The Guide For Future Preservation In Historic Districts Using A Creative Approach: Charleston, South Carolina's Contextual Approach To Historic Preservation, Hunter S. Edwards
University of Florida Journal of Law & Public Policy
No abstract provided.
Raid Of The Masses: How The Seizure Of Flds Children Supports Applying The Traditional Criminal Law Exigent Circumstances Exception In The Child Removal Context, Lorna Cobb
University of Florida Journal of Law & Public Policy
No abstract provided.
Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan
Denmark Energy Policy: Success In Achieving Energy Independence And Establishing An International Wind Energy Industry, Jeremy Mcbryan
University of Florida Journal of Law & Public Policy
No abstract provided.
Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda
Habeas Corpus: What The Closing Of Guantanamo Bay Means For Future Challenges To Executive Detention From Abroad, Jay A. Yagoda
University of Florida Journal of Law & Public Policy
No abstract provided.
Foreword, Nancy E. Dowd
Foreword, Nancy E. Dowd
University of Florida Journal of Law & Public Policy
No abstract provided.
Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese
Reflections On Loving And Children's Rights, Barbara Bennett Woodhouse, Kelly Reese
University of Florida Journal of Law & Public Policy
No abstract provided.
The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda
The State As Batterer: Learning From Family Law To Address America's Family-Like Racial Dysfunction, Angela Mae Kupenda
University of Florida Journal of Law & Public Policy
No abstract provided.
Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff
Collaborative Law: A New Tool For The Lawyer's Toolkit, Susan Daicoff
University of Florida Journal of Law & Public Policy
No abstract provided.
What's So Great About Sograt?: An Analysis Of The Ethical Issues Created By Tax Patents And A Patently Strict Dilemma, Jason Pill
University of Florida Journal of Law & Public Policy
No abstract provided.
Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica
Internet-Television, Peer-To-Peer Technology And Free Speech: Lessons From Web 1.0, Mark R. Caramanica
University of Florida Journal of Law & Public Policy
No abstract provided.
Stopping For Death: Re-Framing Our Perspective On The End Of Life, Ruth C. Stern, J. Herbie Difonzo
Stopping For Death: Re-Framing Our Perspective On The End Of Life, Ruth C. Stern, J. Herbie Difonzo
University of Florida Journal of Law & Public Policy
No abstract provided.
Personalizing First Amendment Jurisprudence: Shifting Audiences & Imagined Communities To Determine Message Protection In Obscenity, Fighting Words, And Defamation, Clay Calvert
University of Florida Journal of Law & Public Policy
No abstract provided.
The Father's Rights Movement, Law Reform, And The New Politics Of Fatherhood: Some Reflections On The Uk Experience, Richard S. Collier
The Father's Rights Movement, Law Reform, And The New Politics Of Fatherhood: Some Reflections On The Uk Experience, Richard S. Collier
University of Florida Journal of Law & Public Policy
No abstract provided.
Stare Decisis: Broadening The Scope Of The Judiciary's Power, Stacey Waldorf
Stare Decisis: Broadening The Scope Of The Judiciary's Power, Stacey Waldorf
University of Florida Journal of Law & Public Policy
No abstract provided.
The Cost Of A Countermeasure: The Expansive Liability Protection Of The Public Readiness And Emergency Preparedness Act Of 2005, Angela Marino
The Cost Of A Countermeasure: The Expansive Liability Protection Of The Public Readiness And Emergency Preparedness Act Of 2005, Angela Marino
University of Florida Journal of Law & Public Policy
No abstract provided.