A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé,
2013
University of Michigan, Dearborn
A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé, Nehal A. Patel, Lauren Vella
Pace Environmental Law Review
We attempt to engage modern legal reasoning with Gandhi’s thought. We hope to speculate on what jurisprudence would look like if it were more mindful of the concepts central to Gandhi’s thought. By using Gandhi as an intellectual anchor, we hope to take a step toward creating a more “mindful jurisprudence” that implicitly incorporates into its reasoning the needs of environmental stewardship, disempowered populations, and the poverty-stricken. Because Gandhi’s thought has been discussed at length in environmental justice campaigns, we begin this effort by examining the relationship between environmental law and Gandhi’s thought. Given Gandhi’s commentaries on exploitative and oppressive …
But It Wasn't My Fault! The Scope Of The Zoning Estoppel Doctrine,
2013
Benjamin N. Cardozo School of Law
But It Wasn't My Fault! The Scope Of The Zoning Estoppel Doctrine, Simon J. Elkharrat
Cardozo Law Review
No abstract provided.
Statutory Interdependence In Severability Analysis,
2013
University of Michigan Law School
Statutory Interdependence In Severability Analysis, Rachel J. Ezzell
Michigan Law Review
According to conventional wisdom, when a court rules a statutory provision unconstitutional, it must sever that provision or strike down the entire statute. This understanding is incomplete. In practice, courts may engage in compound severance: invalidating additional, otherwise constitutional provisions of the statute without striking down the entire statute. They reason that the degree of interrelation between those provisions is so significant that severance of one compels severance of the other. As a result, a subset of the statute remains law. The power to craft such subsets raises constitutional concerns, and yet the jurisprudence concerning statutory interdependence is inconsistent and …
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism,
2013
Georgetown Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …
The Unwritten Law And Its Writers,
2013
Pepperdine University
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Natural Law And The Ninth Amendment,
2013
Pepperdine University
Natural Law And The Ninth Amendment, Thomas E. Towe
Pepperdine Law Review
No abstract provided.
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production,
2013
Harvard University, Cambridge
The Forgotten Half Of Food System Reform: Using Food And Agricultural Law To Foster Healthy Food Production, Emily Broad Leib
Journal of Food Law & Policy
America is facing widespread problems with its food system, including environmental harms due to externalities from industrial farms; the increasing amount of "food _miles" traveled by the products that make up our daily meals; and the growing size and complexity of recent outbreaks of foodborne illnesses. Indeed, the entire system that covers the life cycle of food, through production, processing, distribution, consumption, and food waste management, is in crisis. One of the most disturbing of these well-documented problems with the industrial food system is the increase in rates of obesity and diet-related illnesses. Obesity rates in the U.S. have more …
An Overview Of Arkansas' Right-To-Farm-Law,
2013
University of Maryland, College Park
An Overview Of Arkansas' Right-To-Farm-Law, L. Paul Goeringer, H. L. Goodwin
Journal of Food Law & Policy
In the 1980s, state legislatures in all fifty states enacted statutes commonly referred to as "right-to-farm" laws. Arkansas enacted its right-to-farm law ("the Act") in 1981. While there are similarities, these laws differ from state-to-state. All right-to-farm laws provide agricultural producers with statutory defenses to nuisance challenges, subject to certain conditions. As one scholar has noted, right-to-farm laws are designed "to protect existing farm investments by reducing actions under nuisance law that enjoined agricultural activities." These laws also work to preserve farmland and protect established farmland from the pressures of urbanization, allowing "farmers to continue with their husbandry pursuits rather …
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study,
2013
American University, Washington, D.C.
The U.S. Department Of Agriculture As A Public Health Agency? A "Health In All Policies" Case Study, Lindsay F. Wiley
Journal of Food Law & Policy
The "war on obesity" is now well into its second decade. What began as an effort to encourage medical doctors to screen and treat patients whose weight put them at risk for health problems has transformed into a much broader public health campaign to address the root causes of obesity. A growing number of state, territorial and local health departments are currently exploring new ways to promote healthy eating and physical activity. At the federal level, the U.S. Centers for Disease Control and Prevention (CDC) has made "nutrition, physical activity and obesity" a top priority.
Locally Grown Food: Examining The Ambiguity Of The Term 'Local' In Food Marketing,
2013
University of Arkansas, Fayetteville
Locally Grown Food: Examining The Ambiguity Of The Term 'Local' In Food Marketing, Brad Rose
Journal of Food Law & Policy
Locally grown food products are becoming increasingly popular among consumers. In response, many food retailers are devoting more space to locally grown products. The locally grown label is part of a marketing strategy designed to take advantage of consumer desires for fresh and safe products that support local farmers and help the environment. Many consumers believe that locally grown food is "fresher, has fewer chemicals, and comes from smaller, less corporate farms.' This increased demand from consumers has led to an "explosion of the use of the word 'local' in food marketing." However, there is no single definition of "local" …
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification,
2013
University of Illinois, Urbana-Champaign
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
Journal of Food Law & Policy
Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …
Inchoate Crimes Revisted: A Behavioral Economics Perspective,
2013
Florida State University College of Law
Inchoate Crimes Revisted: A Behavioral Economics Perspective, Manuel A. Utset
University of Richmond Law Review
No abstract provided.
Standing's Expected Value,
2013
Emory University School of Law
Standing's Expected Value, Jonathan Remy Nash
Michigan Law Review
This Article argues in favor of standing based on expected value of harm. Standing doctrine has been constructed in a way that is oblivious to the idea of expected value. If people have suffered a loss with a positive expected value, they have suffered an "injury in fact." The incorporation of expected value into standing doctrine casts doubt on many of the Supreme Court's decisions in which it denies standing because the relevant injury is too "speculative" or is not "likely" to be redressed by a decree in the plaintiff's favor. This Article addresses this shortcoming in standing jurisprudence by …
What Privacy Is For,
2013
Georgetown University Law Center
What Privacy Is For, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Privacy has an image problem. Over and over again, regardless of the forum in which it is debated, it is cast as old-fashioned at best and downright harmful at worst — anti-progressive, overly costly, and inimical to the welfare of the body politic. Yet the perception of privacy as antiquated and socially retrograde is wrong. It is the result of a conceptual inversion that relates to the way in which the purpose of privacy has been conceived. Like the broader tradition of liberal political theory within which it is situated, legal scholarship has conceptualized privacy as a form of protection …
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law,
2013
Louisiana State University Law Center
The Writing’S On The Wall: The Intent Requirement In Louisiana Destination Law, Marshall L. Perkins
Louisiana Law Review
The article discusses the intent requirement in Louisiana destination law which states that a party claiming predial servitude created by destination must prove the "intent" of the common owner to create the servitude. It analyzes the intent requirement entered into the jurisprudential application of Louisiana civil code and presents a relevant French doctrine on the issue.
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing,
2013
Pepperdine University
Louisiana Public Service Commission V. Cheathon: Error Of Alj In Not Citing A Party For Contempt For Failure To Appear At A Hearing, Kevin J. Riley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest,
2013
Pepperdine University
The Logic Of Judicial Decisions - Two Items Of Greater Or Lesser Interest, Michael S. Moore, W. Barton Leach, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980,
2013
Pepperdine University
Unemployment Compensation: Lola A. Lind V. Employment Security Division, Department Of Labor, State Of Alaska - Supreme Court Of Alaska - March 14, 1980, Supreme Court Of Alaska
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Exclusion Of The Press: Herald Company Inc. V. Weisenberg,
2013
Pepperdine University
Exclusion Of The Press: Herald Company Inc. V. Weisenberg, N.Y. Supreme Court Appellate Division -- First Department
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Recent Cases Of Interest,
2013
Pepperdine University
Recent Cases Of Interest, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
