The Paradoxical Impact Of Scalia's Campaign Against Legislative History,
2020
Duke Law School
The Paradoxical Impact Of Scalia's Campaign Against Legislative History, Stuart Minor Benjamin, Kristen M. Renberg
Cornell Law Review
Beginning in 1985, Judge and then Justice Antonin Scalia advocated forcefully against the use of legislative history in statutory interpretation. Justice Scalia's position, in line with his textualism, was that legislative history was irrelevant and judges should avoid invoking it. Reactions to his attacks among Justices and prominent circuit judges had an ideological quality, with greater support from ideological conservatives. In this Article, we consider the role that political party and timing ofjudicial nomination played in circuit judges' use of legislative history. Specifically, we hypothesize that Republican circuit judges were more likely to respond to the attacks on legislative history …
Law Library Blog (May 2020): Legal Beagle's Blog Archive,
2020
Roger Williams University
Law Library Blog (May 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Editors' Note,
2020
University of Michigan Law School
Editors' Note, Michigan Law Review
Michigan Law Review
A reflection on the origins of the Michigan Law Review book review issue.
On Lawyers And Copy Editors,
2020
University of Michigan Law School
On Lawyers And Copy Editors, Jonathan I. Tietz
Michigan Law Review
Review of Benjamin Dreyer's Dreyer's English: An Utterly Correct Guide to Clarity and Style.
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law,
2020
University of Mississippi
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii
Honors Theses
This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope to articulate my …
When Agencies Do Not Not Have Statutory Power To Regulate,
2020
Boston University School of Law
When Agencies Do Not Not Have Statutory Power To Regulate, Jack M. Beermann
Faculty Scholarship
When a President who campaigned on a deregulatory platform assumes office, the question immediately arises whether, in light of the unlikelihood of significant statutory assistance by Congress, the new administration will be able to achieve substantial deregulation on its own. In most contexts, agencies looking to ease regulatory burdens have essentially two options: they can engage in a reappraisal of the regulatory record (like the Reagan administration’s failed attempt to rescind the passive restraint requirement for new automobiles), or they can reinterpret the statute or statutes underlying a regulatory program (such as the same administration’s successful reform of the regulation …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations,
2020
Belmont University
Don't Condemn My Creek: Using Eminent Domain To Satisfy Environmental Obligations, Mason E. Heidt, Joshua Wysor
Belmont Law Review
No abstract provided.
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines,
2020
Belmont University
Misissippi V. Tennessee: A Groundwater Case That Mistakenly Relies On Surface Water Doctrines, Catherine Janasie
Belmont Law Review
No abstract provided.
Global Energy Poverty: The Relevance Of Faith And Reason,
2020
Belmont University
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry,
2020
Belmont University
Death By Crosspollination: The Uncontrollable Natural Occurrence That Could Kill Organic Farming And The Legal Solutions To Save An Industry, Austin Warhime
Belmont Law Review
No abstract provided.
"Forever Chemicals": Forever Altering The Legal Landscape,
2020
Belmont University
"Forever Chemicals": Forever Altering The Legal Landscape, Leticia M. Diaz, Margaret R. Stewart
Belmont Law Review
No abstract provided.
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability,
2020
Belmont University
Bomb Threats And Bag Checks: Model Legislation To Address Venue Safety And Liability, Emily Guthrie
Belmont Law Review
No abstract provided.
Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States,
2020
Belmont University
Can Judges Use Due Process Concepts In Obergefell To Impose Judicial Regulation Of Greenhouse Gases And Climate Change?: The Crucial Case Of Juliana V. United States, Bradford C. Mank
Belmont Law Review
No abstract provided.
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems,
2020
Belmont University
Out To Save The World: The Intersection Of Animal Welfare Law, Environmental Law, And Respect For Fragile Ecosystems, Stacey G. Sterling
Belmont Law Review
No abstract provided.
Whole Health: A Community Approach To Healthcare Keynote #2,
2020
Vanderbilt University Owen School of Management
Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler
Belmont Health Law Journal
No abstract provided.
Whole Health: A Community Approach To Healthcare Panel,
2020
Matthew Walker Health Center
Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright
Belmont Health Law Journal
No abstract provided.
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records,
2020
Belmont University College of Law
Student Note: Help Us, Help You: Big Tech And The Future Of Personal Health Records, Clay Brewer
Belmont Health Law Journal
This note will address the issues that will inevitably arise as this convergence of tech and healthcare continue. Part I will discuss a few of the current laws and regulations that seek to protect personal health records in the United States’ and Europe, specifically in comparing the United States Health Insurance Accountability and Portability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) with the European Union’s much broader response to data privacy concerns via the General Data Protection Regulation (“GDPR”). To follow, Part II will introduce three of the tech giants– Apple, Amazon, and …
Student Note: Blockchain For Dscha Compliance,
2020
Belmont University College of Law
Student Note: Blockchain For Dscha Compliance, Ryland Close
Belmont Health Law Journal
Part I of this Note will illustrate the problems posed by drug counterfeiting and drug diversion, describe current solutions being used to address these problems, and conclude with a discussion of federal legislation that seeks to fix these weaknesses in the pharmaceutical supply chain, focusing on the tracking and tracing requirements that the DSCSA imposes on supply chain participants. In Part II, this Note will examine the development of blockchain technology as well as examine its defining characteristics. Part III will explore current industry efforts to apply blockchain technology to supply chain uses and contends that blockchain is uniquely fit …
Student Note: Finding The Positive In A Positive Drug Test: How Narrowing The Definition Of An Individualized Pre-Employment Assessment Under The Ada Can Encourage Recovery From Opioid Dependence,
2020
Belmont University College of Law
Student Note: Finding The Positive In A Positive Drug Test: How Narrowing The Definition Of An Individualized Pre-Employment Assessment Under The Ada Can Encourage Recovery From Opioid Dependence, Sarah Ferraro
Belmont Health Law Journal
This note will address the disparities in the way courts have analyzed the direct threat exception to ADA protection, and why a uniform application of the exception is crucial to both employers and those in recovery. Part I examines how opioids have devolved from an effective pain management tool to a national enemy. This section will answer common questions about why opioids are so addictive and why doctors prescribe them in the first place. It also addresses the scope of the ADA and the direct threat exception used to justify a decision not to hire a prescription drug user, as …
