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Cute Prickly Critter With Presbyopia, Don Herzog 2012 University of Michigan Law School

Cute Prickly Critter With Presbyopia, Don Herzog

Reviews

Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …


Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson 2011 Boston University School of Law

Rebel Without A Clause: The Irrelevance Of Article Vi To Constitutional Supremacy, Gary Lawson

Michigan Law Review First Impressions

With Stare Decisis and Constitutional Text, Jonathan Mitchell has produced what I think is the most interesting and creative textual defense (or at least partial defense) to date of the use of horizontal precedent in federal constitutional cases. Mitchell's careful analysis of the Supremacy Clause is fascinating and instructive, and he does an impeccable job of drawing out the implications of his premise that the Supremacy Clause prescribes only a very limited choice-of-law rule-a rule that does not, by its own terms, specifically elevate the Constitution above federal statutes and treaties. His innovative and intriguing framework yields four distinct conclusions …


Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner 2011 University of Georgia, Athens

Legitimate Exercises Of The Police Power Or Compensable Takings: Courts May Recognize Private Property Rights, Terence J. Centner

Journal of Food Law & Policy

Under their police power, governments regulate nuisances and take actions in emergency situations. For protecting humans, animals, and plants from diseases and other pests (jointly referred to as diseases), governments order inoculations, quarantine items and people, and seize and destroy property.' With respect to plants and animals, the United States Secretary of Agriculture is authorized to prohibit the importation and movement of items than may be infested. The Secretary also has the authority to hold, treat, and destroy items to prevent the dissemination of plant and animal pests. State governments take additional actions to prevent the introduction and dissemination of …


Property's Morale, Nestor M. Davidson 2011 Fordham Law School

Property's Morale, Nestor M. Davidson

Michigan Law Review

A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance interests. When changes in law unsettle expectations, such changes are thought to generate disincentives that Frank Michelman famously labeled "demoralization costs." Although rarely approached in these terms, arguments for legal certainty reflect underlying psychological assumptions about how people contemplate property rights when choosing whether and how to work, invest, create, bolster identity, join …


Criminal Law’S Tribalism, Molly Townes O'Brien 2011 Autralian National University College of Law

Criminal Law’S Tribalism, Molly Townes O'Brien

Connecticut Public Interest Law Journal

No abstract provided.


Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal 2011 University of Connecticut School of Law

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.


Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey 2011 Villanova University Charles Widger School of Law

Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey

Working Paper Series

Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.


The Future Of Public Interest Law, Scott L. Cummings 2011 University of Arkansas Little Rock

The Future Of Public Interest Law, Scott L. Cummings

University of Arkansas at Little Rock Law Review

No abstract provided.


Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck 2011 University of Arkansas Little Rock

Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck

University of Arkansas at Little Rock Law Review

No abstract provided.


Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones 2011 University of Arkansas Little Rock

Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter 2011 University of Arkansas Little Rock

A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter

University of Arkansas at Little Rock Law Review

No abstract provided.


Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek 2011 University of Arkansas Little Rock

Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek

University of Arkansas at Little Rock Law Review

No abstract provided.


A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels 2011 University of Arkansas Little Rock

A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels

University of Arkansas at Little Rock Law Review

No abstract provided.


Truth, Justice, And The Libertarian Way(S), Gary S. Lawson 2011 Boston Univeristy School of Law

Truth, Justice, And The Libertarian Way(S), Gary S. Lawson

Faculty Scholarship

More than twenty years ago, I was commissioned to write an article – my very first scholarly article – on “the ethics of insider trading” (this was hot on the heels of the Ivan Boesky insider-trading scandal of the mid-1980s).1 After tracing philosophical debates concerning the morality of exchanges based on unequal information from Cicero and Aquinas through Henry Manne and Frank Easterbrook,2 I had to decide what I could responsibly say in a scholarly work as a matter of substantive moral theory about the practice of insider trading – and derivatively what it would be appropriate to say normatively …


Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley 2011 American University Washington College of Law

Federal Register 2.0: Public Participation In The Twenty-First Century, Lauren R. Dudley

Legislation and Policy Brief

On July 26, 2010, the Office of the Federal Register and the Government Printing Office (GPO) launched “Federal Register 2.0,” a web version of the daily Federal Register.  As of now, the site is only a prototype; therefore, “Federal Register 2.0” is not yet an official legal edition of the Federal Register, and it will not become official until the Administrative Committee of the Federal Register (ACFR) issues a regulation granting “Federal Register 2.0” official legal status.  Once “Federal Register 2.0” becomes official, the website will allow the public to receive notice of proposed agency regulations, link to a separate …


Three Restatements Of Restitution, Andrew Kull 2011 Washington and Lee University School of Law

Three Restatements Of Restitution, Andrew Kull

Washington and Lee Law Review

No abstract provided.


A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell 2011 Washington and Lee University School of Law

A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell

Washington and Lee Law Review

In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of …


A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni 2011 Washington and Lee University School of Law

A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni

Washington and Lee Law Review

No abstract provided.


Translocations And Inertia, W. F. Young 2011 Washington and Lee University School of Law

Translocations And Inertia, W. F. Young

Washington and Lee Law Review

No abstract provided.


Indeterminacy And The Law Of Restitution, James Steven Rogers 2011 Washington and Lee University School of Law

Indeterminacy And The Law Of Restitution, James Steven Rogers

Washington and Lee Law Review

No abstract provided.


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