Public Law and Legal Theory Commons^™

Legislative Analyst's Office, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Senate Office Of Research, Elisa D'Angelo Weichel

California Regulatory Law Reporter

No abstract provided.

Bankruptcy Reorganization: Legal Dynamics Associated With Economic Discontinuity, Young Rock Noh

LLM Theses and Essays

This thesis attempts to discover the factors leading to such failures and to propose a cure. It argues that the basic structure of Chapter 11 of the Code, the debtor in possession structure, is one of the essential factors causing such a high rate of failure. The thesis further asserts that it is possible to reduce the rate of unsuccessful reorganization if the bankruptcy court exercises its power of case management more actively and expeditiously. For example, the court can screen the debtors' filing for relief before the reorganization case proceeds too far. Chapter II of this thesis examines the …

On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring

Michigan Journal of International Law

This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …

Board Of Podiatric Medicine, Monisha Ann Coelho

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Jenny K. Li

California Regulatory Law Reporter

No abstract provided.

The Nature And Function Of Criminal Theory, George P. Fletcher

Faculty Scholarship

The practice of teaching and writing in the field of criminal law has changed dramatically in the last half-century. In the United States and England, and to a lesser extent in other English-speaking countries, we have witnessed a turn toward theoretical inquires of a greater depth and variety than had existed previously in the history of Anglo-American law. The subjects of this new literature include the nature and rationale of punishment; the theory of justification and of excuse, that is, of wrongdoing and responsibility; the relevance of consequences to the gravity of offenses (the problem of moral luck); and the …

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise

Cornell Law Faculty Publications

The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?

Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My article approaches this …

Epstein's Property, Emily Sherwin

Cornell Law Faculty Publications

In an era of skepticism about common law traditions and sensitivity to claims of distributive injustice, Richard Epstein has been an unflinching defender of private property rights. He has insisted that property rights are intelligible, and reminded us of their importance to social and economic welfare. In this paper, I shall offer what I believe is a friendly interpretation of Epstein's writings on property, and then pose some internal questions about the approach he has outlined. I begin with a quick summary of his description of property rights in an ideal legal regime.

Localism And Regionalism, Richard Briffault

Buffalo Law Review

No abstract provided.

Against Centralization, Gerald E. Frug

Buffalo Law Review

No abstract provided.

The Queen, The Attorney General, And The Modern Charitable Fiduciary: A Historical Perspective On Charitable Enforcement Reform, David Villar Patton

University of Florida Journal of Law & Public Policy

No abstract provided.

Electronic Formulary Management And Medicaid: Maximizing Economic Efficiency And Quality Of Care In The Age Of Electronic Prescribing, Mark A. Buckles

University of Florida Journal of Law & Public Policy

No abstract provided.

Civil Forfeiture And The Excessive Fines Clause: Does Bajakajian Provide False Hope For Drug-Related Offenders?, Chet Little

University of Florida Journal of Law & Public Policy

No abstract provided.

Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright

University of Florida Journal of Law & Public Policy

No abstract provided.

Disabling Certitudes: An Introduction To The Role Of Mythologies Of Conquest In Law, Jo Carrillo

University of Florida Journal of Law & Public Policy

No abstract provided.

Remapping The Domain Of Property In Africa, L. Amede Obiora

University of Florida Journal of Law & Public Policy

No abstract provided.

Improving The Tax Code To Provide Meaningful And Effective Tax Incentives For Higher Education, Amy J. Oliver

University of Florida Journal of Law & Public Policy

No abstract provided.

The 1999 Amendments To The Jimmy Ryce Involuntary Civil Commitment For Sexually Violent Predators' Treatment And Care Act: A Dangerous Example Of Reactionary Legislation, Jay Lechner

University of Florida Journal of Law & Public Policy

No abstract provided.

Torts: Exposing The Government To A Riptide Of Negligence Liability For Injuries To Swimmers, Keith Myers

University of Florida Journal of Law & Public Policy

No abstract provided.

Sexual Discrimination: Peer Sexual Harassment And Its Effect Under Title Ix, Jarret Raab

University of Florida Journal of Law & Public Policy

No abstract provided.

Afterword—Straightness As Property: Back To The Future—Law And Status In The 21st Century, Berta Esperanza Hernández-Truyol, Shelbi D. Day

University of Florida Journal of Law & Public Policy

No abstract provided.

Stepping Back To Punt: Favoring Internal Agency Interpretations Over Title Ix And Its Regulations, Joshua Ryan Heller

University of Florida Journal of Law & Public Policy

No abstract provided.

Chicanas/Os, "Liberty" And Roger B. Taney, Guadalupe T. Luna

University of Florida Journal of Law & Public Policy

No abstract provided.

America, Defender Of Democratic Legitimacy?, James C. Hathaway

Articles

American exceptionalism - a belief that the United States has a unique mission to lead the world, but ought logically to be exempt from the rules it promotes - is at the root of much of the American academy's effort to rationalize the US government's increasing rejection of multilateralism as the cornerstone of modern public international law. Even American scholars who disagree fundamentally on the problems with multilateralism (Kenneth Anderson arguing that it favours anti-democratic intervention by unelected NGOs, Michael Reisman asserting that it privileges elitist state-based lawmaking in the face of more democratic non-state 'lawmaking' processes) can agree on …

Three Faces Of Private Property, Michael A. Heller

Articles

Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …

Phoebe's Lament (Symposium: Empirical Research In Commercial Transactions), James J. White

Articles

Assume a bright hypothetical social scientist - call her Phoebe - who is completely ignorant of legal research as it is practiced in today's law schools. Phoebe might speculate about legal research as follows. First, she would note that the law schools are joined with and are the exclusive source of the practitioners of a profession. Second, she would note that commercial and legal actors rub up against and are influenced by the law in countless ways every day. Third, she might remark that this interaction occurs practically on the doorsteps of our law schools. Unlike anthropologists, who may have …

A Proposal For Comparative Responsibility Analysis In Comparative Negligence Jurisdictions, Joel Leslie Terwilliger

LLM Theses and Essays

Part II of this thesis discusses the common law background of the assumption of risk and how it fits into the scheme of negligence principles as an affirmative defense. Part II also examines the background of assumption of risk and parallels its development with contributory negligence principles. Part III looks at how the assumption of risk has been redefined and narrowed in its application as comparative fault principles gained favor. It includes an examination of statutory erosion and in modern judicial activism. Next, Part IV examines how the assumption of risk, particularly the secondary form, conflicts with comparative fault and …

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …

A Presumption Of Innocence, Not Of Even Odds, Richard D. Friedman

Articles

Now I know how the Munchkins felt. Here I have been, toiling in the fields of Evidenceland for some years, laboring along with others to show how use of Bayesian probability theory can assist in the analysis and understanding of evidentiary problems.' In doing so, we have had to wage continuous battle against the Bayesioskeptics-the wicked witches who deny much value, even heuristic value, for probability theory in evidentiary analysis.2 Occasionally, I have longed for law-and-economics scholars to help work this field, which should be fertile ground for them.3 So imagine my delight when the virtual personification of law and …