Now showing items 21-30 of 216
Justice Breyer's Democratic Pragmatism
There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice ...
Two Conceptions of Irreversible Environmental Harm
The concept of "irreversibility" plays a large role in the theory and practice of environmental protection. Indeed, the concept is explicit in some statements of the Precautionary Principle. But the idea of irreversibility ...
Indignation: Psychology, Politics, Law
Moral intuitions operate in much the same way as other intuitions do; what makes the moral domain is distinctive is its foundations in the emotions, beliefs, and response tendencies that define indignation. The intuitive ...
Is the Clean Air Act Unconstitutional?
When the Environmental Protection Agency (EPA) issues national ambient air quality regulations, it should meet two requirements. First, the EPA should specify, to the extent possible in quantitative terms, the range of ...
Social Norms and Social Roles
(Columbia Law School, 2014-09-22)
This essay challenges some widely held understandings about rationality and choice, and uses that challenge to develop some conclusions about the appropriate domain of law. In particular, it suggests that many well-known ...
Rights and Their Critics
Public Deliberation, Affirmative Action, and the Supreme Court
(California Law Review Inc., 1996)
Valuing Life: A Plea for Disaggregation
(Duke University School of Law, 2004)
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant ...