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Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman 2018 Claremont Colleges

Substantive Due Process And The Politicization Of The Supreme Court, Eric Millman

CMC Senior Theses

Substantive due process is one of the most cherished and elusive doctrines in American constitutional jurisprudence. The understanding that the Constitution of the United States protects not only specifically enumerated rights, but also broad concepts such as “liberty,” “property,” and “privacy,” forms the foundation for some of the Supreme Court’s most impactful—and controversial—decisions.

This thesis explores the constitutional merits and politicizing history of natural rights jurisprudence from its application in Dred Scott v. Sandford to its recent evocation in Obergefell v. Hodges. Indeed, from slavery to same-same sex marriage, substantive due process has played a pivotal role ...


The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning, 2017 Selected Works

The Nature Of Nature: Concerning The Efficacy Of Natural Law Reasoning

Thomas V. Gourlay

Recourse to natural law reasoning has long been a part of how Catholics and Christians engage in debates about issues of public and private morality with people and communities of people who do not share the Catholic/Christian faith. But with the rise of modernity, the scientific revolution, and the relative success of Charles Darwin's theory of evolution, many Catholics have begun to question traditional natural law reasoning. Some, including theorists like Germain Grisez, and John Finnis have sought to modify traditional natural law reasoning and continue to employ it within debates concerning public and private ethics, while others ...


Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin 2017 University of Maine School of Law

Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin

Maine Law Review

One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It ...


The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M. 2017 St. John's University School of Law

The Constitution And The Declaration Of Independence: Natural Law In American History, Edward J. Melvin, C.M.

The Catholic Lawyer

No abstract provided.


Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart 2017 St. John's University School of Law

Natural Law Basis For The Copyright Doctrine Of Droit Moral, Robert C. Hauhart

The Catholic Lawyer

No abstract provided.


Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta 2017 Alexander Blewett III School of Law at the University of Montana

Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta

Public Land & Resources Law Review

No abstract provided.


Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer 2017 Texas A&M University School of Law

Adapting To The Changing World Of Biotechnology: Syngenta Ag Mir162 Corn Litigation As Regulation By Litigation, Paul Goeringer

Texas A&M Law Review

Agriculture has relied on plant breeding to improve genetics since the first domestication of agricultural plants 10,000 years ago. More recently, Gregor Mendel and his hybridization experiments on peas led to what we know as modern genetics. The rise in recombinantDNA technology has opened up many possibilities in plant breeding, including Roundup Ready technology and crop varieties designed to resist a number of pests. At the same time, governments and the private sector have sought to institute regulations for handling the releases of new biotechnology to ensure the technologies will have limited environmental impacts and provide safe foods to ...


Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman 2017 Texas A&M University School of Law

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought ...


Balancing Rights: The Modern Problem, Rev. Thomas A. Russman 2017 St. John's University School of Law

Balancing Rights: The Modern Problem, Rev. Thomas A. Russman

The Catholic Lawyer

No abstract provided.


The Problem Of Unjust Laws, Charles E. Rice 2017 St. John's University School of Law

The Problem Of Unjust Laws, Charles E. Rice

The Catholic Lawyer

No abstract provided.


Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis 2017 St. John's University School of Law

Natural Law And The "Is" - "Ought" Question: An Invitation To Professor Veatch, John Finnis

The Catholic Lawyer

No abstract provided.


Natural Law And The "Is" - "Ought" Question, Henry Veatch 2017 St. John's University School of Law

Natural Law And The "Is" - "Ought" Question, Henry Veatch

The Catholic Lawyer

No abstract provided.


Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth 2017 St. John's University School of Law

Jacques Maritain On The Natural Law And Its Application, Charles P. Nemeth

The Catholic Lawyer

No abstract provided.


Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello 2017 St. John's University School of Law

Some Brave Ideas On An Old Rule Of Law: The Natural Law According To Jacques Maritain - Jacques Maritain On The Natural Law And Human Rights, Ralph J. Masiello

The Catholic Lawyer

No abstract provided.


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa 2017 University of New Mexico

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.


Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford 2017 Fort Lewis College

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.


The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul 2017 University of New Mexico

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as ...


Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang 2017 Tilburg University, Netherlands

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil ...


Front Matter, Natural Resources i. Journal 2017 University of New Mexico

Front Matter, Natural Resources I. Journal

Natural Resources Journal

No abstract provided.


Introduction, Natural Resources vii Journal 2017 University of New Mexico

Introduction, Natural Resources Vii Journal

Natural Resources Journal

No abstract provided.


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