Federal Register 2.0: Public Participation In The Twenty-First Century,
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,
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,
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,
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,
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,
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.
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions,
2011
Washington and Lee University School of Law
The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor
Washington and Lee Law Review
No abstract provided.
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate,
2011
Stanford Law School
Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter
Michigan Law Review
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …
Explaining The Importance Of Public Choice For Law,
2011
University of Florida Levin College of Law
Explaining The Importance Of Public Choice For Law, D. Daniel Sokol
UF Law Faculty Publications
The next generation of government officials, business leaders and members of civil society likely will draw from the current pool of law school students. These students often lack a foundation of the theoretical and analytical tools necessary to understand law's interplay with government. This highlights the importance of public choice analysis. By framing issues through a public choice lens, these students will learn the dynamics of effective decision-making within various institutional settings. Filling the void of how to explain the decision-making process of institutional actors in legal settings is Public Choice Concepts and Applications in Law by Maxwell Stearns and …
Coase And The Constitution: A New Approach To Federalism,
2011
University of Richmond
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Public Interest Law Review
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
What We Make Matter,
2011
University of Michigan Law School
What We Make Matter, Sherman J. Clark
Michigan Law Review
The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity not only to consider a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend …
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina,
2011
American University Washington College of Law
A Failure Of Conscience: How Pakistan’S Devastating Floods Compare To America’S Experience During Katrina, Oded Cedar
Sustainable Development Law & Policy
No abstract provided.
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail,
2011
American University Washington College of Law
Rediscovering The Transportation Frontier: Improving Sustainability In The United States Through Passenger Rail, Benjamin J. Wickizer, Andrew Snow
Sustainable Development Law & Policy
No abstract provided.
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing,
2011
American University Washington College of Law
Traffic Jam Equality: Evaluating The Constitutionality Of Congestion Pricing, Christopher Hudock
Sustainable Development Law & Policy
No abstract provided.
Sustainable Cities Of The Future: The Behavior Change Driver,
2011
American University Washington College of Law
Sustainable Cities Of The Future: The Behavior Change Driver, Peter Newman
Sustainable Development Law & Policy
No abstract provided.
Enhancing Urban Albedo To Fight Climate Change And Save Energy,
2011
American University Washington College of Law
Enhancing Urban Albedo To Fight Climate Change And Save Energy, Elise Stull, Xiaopu Sun, Durwood Zaelke
Sustainable Development Law & Policy
No abstract provided.
Introduction: Cities And Sustainability,
2011
American University Washington College of Law
Introduction: Cities And Sustainability
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2011
American University Washington College of Law
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach,
2011
University of Denver, Sturm College of Law
Environmental Deliberative Democracy And The Search For Administrative Legitimacy: A Legal, Positivism Approach, Michael Ray Harris
University of Michigan Journal of Law Reform
The failure of regulatory systems over the past two decades to lessen the environment degradation associated with modern human economic output has begun to undermine the legitimacy of environmental lawmaking in the United States and around the world. Recent scholarship suggests that reversal of this trend will require a breach of the environmental administrative apparatus by democratization of a particular kind, namely the inclusion of greater public discourse within the context of regulatory decision-making. This Article examines this claim through the lens of modern legal positivism. Legal positivism provides the tools necessary to test for and identify the specfic structural …
Plurality Of Political Opinion And The Concentration Of The Media,
2011
University of Tennessee College of Law
Plurality Of Political Opinion And The Concentration Of The Media, Maurice Stucke
Book Chapters
No abstract provided.
