Open Access. Powered by Scholars. Published by Universities.®

Public Law and Legal Theory Commons™

Open Access. Powered by Scholars. Published by Universities.®

4,235 Full-Text Articles 3,969 Authors 4,750,945 Downloads 154 Institutions

All Articles in Public Law and Legal Theory

Faceted Search

4,235 full-text articles. Page 106 of 145.

The Importance Of The Interpretation Of The Law In The Process Of Law Enforcement, Sh.A. Saydullaev 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

The Importance Of The Interpretation Of The Law In The Process Of Law Enforcement, Sh.A. Saydullaev

Review of law sciences

In the article, a conception of interpretation of legal norms and its role in the process of law application are considered. The key issues of interpretation of legal norms, subjects, types and methods are analyzed. By the author, it is suggested to make amendments and additions to legislation of the Republic of Uzbekistan.


Some Priority Directions Of Research Of The State And Law At The Present Stage, M Axmedshaeva 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Some Priority Directions Of Research Of The State And Law At The Present Stage, M Axmedshaeva

Review of law sciences

the article analyzes several significant directions of scientific research related with the problems of contemporary state and law development from the point of view of theory and history of state and law. It investigates scientific necessity of such problems as forming civil society and building legal state, theory and practice of separation of powers, the social control, the social partnership, transparency of state bodies` activity, law-making technique, gaps in law and ways of overcoming.


The Concept Of Discretion And Delimitation With Judicial Discretion, Yorg Pudelka 2017 GIZ representation in Uzbekistan, Tashkent, 100100, Uzbekistan

The Concept Of Discretion And Delimitation With Judicial Discretion, Yorg Pudelka

Review of law sciences

The article describes the concept of discretion as one of the central concepts in the science of administrative law, further a parallel between the discretion existing in the government (so-called discretionary powers) and judicial discretion is drawn. Thus, the administrative body is obliged to apply its discretion in order to give the right of discretion and to comply with the statutory limits of discretion, if it is authorized to act in its own discretion. The proper application of the discretion by the administrative body may be re-examined within the framework of pre-trial appeal by the same administrative body or by …


Values Of E-Government In Implementation Of The Strategy Of Action For The Further Development Of The Republic Of Uzbekistan, E. Abdullaev 2017 Tashkent state university of law, Tashkent, 100047, Uzbekistan

Values Of E-Government In Implementation Of The Strategy Of Action For The Further Development Of The Republic Of Uzbekistan, E. Abdullaev

Review of law sciences

In the article the author focuses on the role of electronic government in Strategy of actions, he also writes about special features of e-government, its development, and experience of other countries in this sphere and learns their practice on e-government from legal, scientific-theoretical and practical points of view.


Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll 2017 University of Maine School of Law

Frank Morey Coffin's Political Years: Prelude To A Judgeship, Donald E. Nicoll

Maine Law Review

Each day when I go to my study, I see a wood block print of two owls gazing at me with unblinking eyes. Ever alert, they remind me of the artist, who in his neat, fine hand, titled the print “Deux Hiboux,” inscribed it to the recipients and signed it simply “FMC 8-2-87.” In addition to his talents as an artist and friend in all seasons, FMC was a remarkable public servant in all three branches of the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his …


Frank Coffin And Enlightened Governance, Robert A. Katzmann 2017 University of Maine School of Law

Frank Coffin And Enlightened Governance, Robert A. Katzmann

Maine Law Review

I have often thought that Judge Frank M. Coffin is one of a handful of statesmen of recent times I could easily imagine in Philadelphia in the summer of 1787 (indeed, as a central figure in a David McCollough biography). If he had been, as competing factions struggled to find solutions to thorny issues, Madison’s Notes would inevitably and often have recorded: “With negotiations on the verge of collapse, all eyes turned to Frank Coffin, who found not only the key to compromise, but also the better way.”


The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff 2017 University of Maine School of Law

The Legacy Of Judge Frank M. Coffin, Peter R. Pitegoff

Maine Law Review

Judge Coffin had adopted the University of Maine School of Law as if it were his own. He was a committed friend to the Law School and served on the advisory Board of Visitors for almost two decades. Like so many others, I felt his keen personal commitment as well, with his periodic calls and visits, his steady counsel and encouragement. Before arriving in Maine, I had known of Judge Coffin. Little did I anticipate that he would so enrich my experience as Dean at Maine Law. He remains a role model to so many of our graduates and leaves …


Textualism And The Problem Of Scrivener's Error, John David Ohlendorf 2017 University of Maine School of Law

Textualism And The Problem Of Scrivener's Error, John David Ohlendorf

Maine Law Review

Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the bench, and their …


Rethinking Force Majeure In Public International Law, Myanna Dellinger 2017 University of South Dakota School of Law

Rethinking Force Majeure In Public International Law, Myanna Dellinger

Pace Law Review

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by water …


The Cost Of The Text, Richard A. Primus 2017 University of Michigan Law School

The Cost Of The Text, Richard A. Primus

Articles

Christopher Serkin and Nelson Tebbe's Is the Constitution Special?explores many facets of constitutional interpretation. I will focus here on their observation that constitutional interpretation is "less textual" than statutory interpretation. I place the expression "less textual" in quotation marks because "textual" could mean many things, such that it would often be problematic to characterize one interpretive exercise as more or less textual than another. In Serkin and Tebbe's view, as I understand it, mainstream constitutional interpretation is "less textual " than statutory decisionmaking in that it is less constrained by the words of particular enacted clauses. As a convenient …


Success, Merit, And Capital In America, Eli Wald 2017 Marquette University Law School

Success, Merit, And Capital In America, Eli Wald

Marquette Law Review

None


The Constitutional Constant, Richard A. Primus 2017 University of Michigan Law School

The Constitutional Constant, Richard A. Primus

Articles

According to a conventional view of the Constitution as a precommitment strategy, constitutional rules must remain fixed over time in order for the Constitution to do its work. In practice, however, constitutional rules regularly change over time, even without formal amendment. What is actually constant over time in the American constitutional system is not the content of constitutional law: it is the correspondence between the content of constitutional law and the American people’s (or at least the decision-making class’s) most powerful intuitions about issues of structure and ethos in American government. At any given time, constitutional law reflects those intuitions. …


The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar 2017 American University Washington College of Law

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.


Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall 2017 American University Washington College of Law

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.


Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson 2017 American University Washington College of Law

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.


Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson 2017 American University Washington College of Law

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.


Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin 2017 American University Washington College of Law

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.


You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch 2017 American University Washington College of Law

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.


About Sdlp, 2017 American University Washington College of Law

About Sdlp

Sustainable Development Law & Policy

No abstract provided.


Constructing An International Community, Monica Hakimi 2017 University of Michigan Law School

Constructing An International Community, Monica Hakimi

Articles

What unites states and other global actors around a shared governance project? How does the group—what I will call an “international community”—coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, it often is a …


Digital Commons powered by bepress