Browsing Law School by Title
Now showing items 72-91 of 1362
-
The "Background Principles" of Natural Capital and Ecosystem Services--Did Lucas Open Pandora's Box? (Land Use & Environmental Law, 2007)In his majority opinion in Lucas v. South Carolina Coastal Council, Justice Scalia established the relevant background principles of state property law as the reference point for testing whether public regulation or private ...
-
(Ecology Law Quarterly, 2010)One of the principal, if unexpected, results of the Supreme Court's 1992 decision in "Lucas v. South Carolina" Coastal Commission is the rise of background principles of property and nuisance law as a categorical defense ...
-
(William & Mary Bill of Rights Journal, 2011)I was a student in Carol Rose's property course twelve years ago, and she was the first law professor whose scholarship I sought out and read. Going into my IL spring semester, if I had to guess how I would spend my ...
-
Bargaining in the Shadow of Administrative Procedure: The Public Interest in Rulemaking Settlement (Duke Law Journal, 2001)This article addresses problems associated with settlement of appeals of legislative rules adopted by administrative agencies. Settlement is a common and important tool for avoiding litigation, but it also raises potential ...
-
(Case Western Reserve Law Review, 1996)Professor Tushnet, and indeed many of the participants in this symposium, seem to believe that United States v. Lopez will have some lasting significance. Those participants who disagree have suggested that the case's lack ...
-
(Chicago-Kent Law Review, 1998)The choice of whether to adopt or preserve judicial peremptories should not turn on the resolution of one issue. The risk that such challenges will be used to discriminate between judges on the basis of race must be ...
-
(Environmental Law, 2004)The substantive contours of the Endangered Species Act (ESA) have been largely worked out for quite some time. Starting in the mid-1990s, however, opponents of Fish and Wildlife Service and National Marine Fisheries Service ...
-
(Oklahoma Law Review, 2021)For some U.S. workers, the COVID-19 pandemic has meant becoming less visible, as many workplaces have shifted away from in-person obligations, allowing these workers to hide behind the virtual platforms of Zoom, Slack, and ...
-
(Law and Contemporary Problems, 2006)This Article provides an introduction to some of the key issues at the intersection of behavioral genetics and crime. It provides, among other things, an overview of the emerging points of consensus, scientifically, on ...
-
(Harvard Journal of Law & Public Policy, 2015)Although government agencies increasingly use behavioral irrationalities as a justification for government intervention, the paradox is that these same government policies are also subject to similar behavioral inadequacies ...
-
(New York University Law Review, 2015)A decade of war has meant a decade of writing on war powers. From the authority to start a war, to restrictions on fighting wars, to the authority to end a war, constitutional lawyers and scholars have explored the classic ...
-
(Journal of Law and Policy, 2013)This article aims to provide some legal context to the Authorship Attribution Workshop (“conference”). In particular, I want to offer some pragmatic observations on what courts will likely demand of forensic linguistics ...
-
(Vanderbilt Journal of Entertainment Law & Practice, 2020)As a result of the specialization and cumulation of knowledge in the era of High Modernity, research and development in most technical fields is largely incomprehensible to anyone outside that field. What should policy ...
-
(Stanford Environmental Law Journal, 1997)The current policy approach used in the Superfund program is a peculiar halfway house. EPA devotes substantial effort to identifying chemicals at a site and ascertaining their potential risks. It also assesses the costs ...
-
(Duke Law Journal, 2013)A principal component of many benefit-cost analyses (BCAs) of health, safety, and environmental regulations is the valuation of the fatality risk effects of the underlying policy. Government agencies currently value these ...
-
(Northwestern University Law Review, 2014)The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
-
(University of Illinois Law Review, 1999)Legal scholars have developed two dominant theories of litigation behavior: the Economic Theory of Suit and Settlement,which is based on expected utility theory, and the Framing Theory of Litigation, which is based on ...
-
(Oklahoma Law Review, 1994)This article examines small-town murder in Johnson County, Kansas, from 1880 to 1939. While providing lurid details of the murders committed over a sixty-year period in the county's small towns and villages, this article ...
-
(New York University Law Review, 2003)This Article argues that efforts to square the administrative state with the constitutional structure have become too fixated on the concern for political accountability. As a result, those efforts have overlooked an ...
-
(Minnesota Law Review, 1999)We knew, of course, that we were treading on dangerous ground in challenging radical multiculturalism. In writing Beyond All Reason we argued that the radicals' postmodern theories conflict deeply with their own laudable ...