Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Jurisprudence, Government, Courts, and Constitutional Law (2)
- 17th amendment (1)
- Administrative law (1)
- Agencies (1)
- Clean Water Act (1)
-
- Coal bed methane (1)
- Concurrence (1)
- Constitutional Interpretation (1)
- Constitutional law (1)
- Courts (1)
- Dissent (1)
- Eminent domain (1)
- Environmental Law (1)
- Federal courts (1)
- Indepedent judiciary (1)
- Jurisprudence (1)
- Land use (1)
- Landes (1)
- Law & Economics (1)
- Law and Economics (1)
- Marks (1)
- Nuisance (1)
- Plurality (1)
- Posner (1)
- Precedent (1)
- Property (1)
- Property, Administrative, and Natural Resources & Environmental Law (1)
- Public choice (1)
- Public land use regulation (1)
- Rapanos (1)
Articles 1 - 3 of 3
Full-Text Articles in Behavioral Economics
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan
Donald J. Kochan
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …