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A leading expert on the administrative state describes the past,
present, and future of the immensely consequential-and equally
controversial-legal doctrine that has come to define how Congress's
laws are applied by the executive branch. The Constitution makes
Congress the principal federal lawmaker. But for a variety of
reasons, including partisan gridlock, Congress increasingly fails
to keep up with the challenges facing our society. Power has
inevitably shifted to the executive branch agencies that interpret
laws already on the books and to the courts that review the
agencies' interpretations. Since the Supreme Court's 1984 decision
in Chevron v. Natural Resources Defense Council, this judicial
review has been highly deferential: courts must uphold agency
interpretations of unclear laws as long as these interpretations
are "reasonable." But the Chevron doctrine faces backlash from
constitutional scholars and, now, from Supreme Court justices who
insist that courts, not administrative agencies, have the authority
to say what the law is. Critics of the administrative state also
charge that Chevron deference enables unaccountable bureaucratic
power. Thomas Merrill reviews the history and immense consequences
of the Chevron doctrine and suggests a way forward. Recognizing
that Congress cannot help relying on agencies to carry out laws,
Merrill rejects the notion of discarding the administrative state.
Instead, he focuses on what should be the proper relationship
between agencies and courts in interpreting laws, given the
strengths and weaknesses of these institutions. Courts are better
at enforcing the rule of law and constitutional values; agencies
have more policy expertise and receive more public input. And,
unlike courts, agencies are subject to at least some political
discipline. The best solution, Merrill suggests, is not of the
either-or variety. Neither executive agencies nor courts alone
should pick up the slack of our increasingly ineffectual
legislature.
How did Chicago, a city known for commerce, come to have such a
splendid public waterfront-its most treasured asset? Lakefront
reveals a story of social, political, and legal conflict in which
private and public rights have clashed repeatedly over time, only
to produce, as a kind of miracle, a generally happy ending. Joseph
D. Kearney and Thomas W. Merrill study the lakefront's evolution
from the middle of the nineteenth century to the twenty-first.
Their findings have significance for understanding not only
Chicago's history but also the law's part in determining the future
of significant urban resources such as waterfronts. The Chicago
lakefront is where the American public trust doctrine, holding
certain public resources off limits to private development, was
born. This book describes the circumstances that gave rise to the
doctrine and its fluctuating importance over time, and reveals how
it was resurrected in the later twentieth century to become the
primary principle for mediating clashes between public and private
lakefront rights. Lakefront compares the effectiveness of the
public trust idea to other property doctrines, and assesses the
role of the law as compared with more institutional developments,
such as the emergence of sanitary commissions and park districts,
in securing the protection of the lakefront for public uses. By
charting its history, Kearney and Merrill demonstrate that the
lakefront's current status is in part a product of individuals and
events unique to Chicago. But technological changes, and a
transformation in social values in favor of recreational and
preservationist uses, also have been critical. Throughout, the law,
while also in a state of continual change, has played at least a
supporting role.
Leon R. Kass has been helping Americans better understand the human
condition for over four decades as a teacher, writer, scholar,
public champion of the humanities, and defender of human dignity.
From bioethics to civic education, from interpreting the Bible to
weighing the moral implications of modern science, Kass has offered
wisdom, guidance, and instruction. In this volume, fifteen of
Kass's admirers, including students, colleagues, and friends, honor
his work by reflecting on the broad range of subjects to which he
has devoted his life's work. Some of the essays offer
interpretations of great works of literature and philosophy from
Homer, Sophocles, and Plato to Rousseau, Franklin, Jane Austen,
Hawthorne, and Henry James. Others examine the significance of Leon
Kass's work as a bioethicist and Chairman of the President's
Council on Bioethics and as an interpreter of the Book of Genesis.
The essays collected in Apples of Gold in Pictures of Silver offer
a sense of the breadth of Kass's interests and insights and of the
influence he has had on generations of scholars. The reader is
further acquainted with the career of Leon R. Kass by a
biographical introduction and a comprehensive listing of his
published writings and the courses he has taught."
Why does the Civil War still speak to us so powerfully? If we
listen to the most thoughtful, forceful, and passionate voices of
that day we find that many of the questions at the heart of that
conflict are also central to the very idea of America-and that many
of them remain unresolved in our own time. The Political Thought of
the Civil War offers us the opportunity to pursue these questions
from a new, critical perspective as leading scholars of American
political science, history, and literature engage in some of the
crucial debates of the Civil War era-and in the process illuminate
more clearly the foundation and fault lines of the American regime.
The essays in this volume use practical dilemmas of the Civil War
to reveal and probe fundamental questions about the status of
slavery and race in the American founding, the tension between
moralism and constitutionalism, and the problem of creating and
sustaining a multiracial society on the basis of the original
principles of the American regime. Adopting a deliberative
approach, the authors revisit the words and deeds of the most
important political actors of era, from William Lloyd Garrison,
John C. Calhoun, and Abraham Lincoln to Alexander Stephens and
Frederick Douglass, with reference to the American Founders and the
architects of Reconstruction. The essays in this volume consider
the difficult choices each of these figures made, the specific
problems they were responding to, and the consequences of those
choices. As this book exposes and explores the theoretical
principles at play within their historical context, it also offers
vivid reminders of how the great controversies surrounding the
Civil War continue to shape American political life to this day.
The Oxford Introductions to U.S. Law: Property provides both a
bird's eye overview of property law and an introduction to how
property law affects larger concerns with individual autonomy,
personhood, and economic organization. Written by two authorities
on property law, this book gives students of property a coherent
account of how property law works, with an emphasis on describing
the central issues and policy debates. It is designed for law
students who want a short and theoretically integrated treatment of
the subject, as well as for lawyers who are interested in the
conceptual foundations of the law of property.
How did Chicago, a city known for commerce, come to have such a
splendid public waterfront-its most treasured asset? Lakefront
reveals a story of social, political, and legal conflict in which
private and public rights have clashed repeatedly over time, only
to produce, as a kind of miracle, a generally happy ending. Joseph
D. Kearney and Thomas W. Merrill study the lakefront's evolution
from the middle of the nineteenth century to the twenty-first.
Their findings have significance for understanding not only
Chicago's history but also the law's part in determining the future
of significant urban resources such as waterfronts. The Chicago
lakefront is where the American public trust doctrine, holding
certain public resources off limits to private development, was
born. This book describes the circumstances that gave rise to the
doctrine and its fluctuating importance over time, and reveals how
it was resurrected in the later twentieth century to become the
primary principle for mediating clashes between public and private
lakefront rights. Lakefront compares the effectiveness of the
public trust idea to other property doctrines, and assesses the
role of the law as compared with more institutional developments,
such as the emergence of sanitary commissions and park districts,
in securing the protection of the lakefront for public uses. By
charting its history, Kearney and Merrill demonstrate that the
lakefront's current status is in part a product of individuals and
events unique to Chicago. But technological changes, and a
transformation in social values in favor of recreational and
preservationist uses, also have been critical. Throughout, the law,
while also in a state of continual change, has played at least a
supporting role.
This collection of essays, commissioned by the President's Council
on Bioethics, explores a fundamental concept crucial to today's
discourse in law and ethics in general and in bioethics in
particular. Since its formation in 2001, the council has frequently
used the term "human dignity" in its discussions and reports. In
this volume scholars from the fields of philosophy, medicine and
medical ethics, law, political science, and public policy address
the issue of what the concept of "human dignity" entails and its
proper role in bioethical controversies. Human Dignity and
Bioethics is an attempt to clarify a controversial concept, one
that is a critical component in the decisions of policymakers.
Contributors: Adam Schulman, F. Daniel Davis, Daniel C. Dennett,
Robert P. Kraynak, Alfonso Gomez-Lobo, Patricia S. Churchland,
Gilbert Meilaender, Holmes Rolston III, Charles Rubin, Nick
Bostrom, Richard John Neuhaus, Peter Augustine Lawler, Diana
Schaub, Leon R. Kass, Susan M. Shell, Martha Nussbaum, David
Gelernter, Patrick Lee, Robert P. George, Paul Weithman, Daniel P.
Sulmasy, O.F.M., Rebecca Dresser, and Edmund D. Pellegrino.
This revised casebook is designed for a "building block" property
course that serves as a student's foundation for the rest of law
school and beyond. Avoiding the typical hodge-podge of issues, the
book presents material in an integrated way, exploring how owner
sovereignty and its limits, community values, and societal purposes
are or are not realized in the structures of property law and
institutions. Using vivid cases, both old and new, timely issues in
intellectual property, land use, and regulatory takings are given
expansive treatment, as well as traditional topics like custom,
equity, and restitution. The emphasis throughout is on fundamental
principles and policy questions.
This revised casebook is designed for a "building block" property
course that serves as a student's foundation for the rest of law
school and beyond. Avoiding the typical hodge-podge of issues, the
book presents material in an integrated way, exploring how owner
sovereignty and its limits, community values, and societal purposes
are or are not realized in the structures of property law and
institutions. Using vivid cases, both old and new, timely issues in
intellectual property, land use, and regulatory takings are given
expansive treatment, as well as traditional topics like custom,
equity, and restitution. The emphasis throughout is on fundamental
principles and policy questions.
'Methinks I am like a man, who having narrowly escap'd shipwreck',
David Hume writes in A Treatise of Human Nature, 'has yet the
temerity to put out to sea in the same leaky weather-beaten vessel,
and even carries his ambition so far as to think of compassing the
globe'. With these words, Hume begins a memorable depiction of the
crisis of philosophy and his turn to moral and political philosophy
as the path forward. In this groundbreaking work, Thomas W. Merrill
shows how Hume's turn is the core of his thought, linking Hume's
metaphysical and philosophical crisis to the moral-political
inquiries of his mature thought. Merrill shows how Hume's
comparison of himself to Socrates in the introduction to the
Treatise illuminates the dramatic structure and argument of the
book as a whole, and he traces Hume's underappreciated argument
about the political role of philosophy in the Essays.
'Methinks I am like a man, who having narrowly escap'd shipwreck',
David Hume writes in A Treatise of Human Nature, 'has yet the
temerity to put out to sea in the same leaky weather-beaten vessel,
and even carries his ambition so far as to think of compassing the
globe'. With these words, Hume begins a memorable depiction of the
crisis of philosophy and his turn to moral and political philosophy
as the path forward. In this groundbreaking work, Thomas W. Merrill
shows how Hume's turn is the core of his thought, linking Hume's
metaphysical and philosophical crisis to the moral-political
inquiries of his mature thought. Merrill shows how Hume's
comparison of himself to Socrates in the introduction to the
Treatise illuminates the dramatic structure and argument of the
book as a whole, and he traces Hume's underappreciated argument
about the political role of philosophy in the Essays.
Leon R. Kass has been helping Americans better understand the human
condition for over four decades as a teacher, writer, scholar,
public champion of the humanities, and defender of human dignity.
From bioethics to civic education, from interpreting the Bible to
weighing the moral implications of modern science, Kass has offered
wisdom, guidance, and instruction. In this volume, fifteen of
Kass's admirers, including students, colleagues, and friends, honor
his work by reflecting on the broad range of subjects to which he
has devoted his life's work. Some of the essays offer
interpretations of great works of literature and philosophy from
Homer, Sophocles, and Plato to Rousseau, Franklin, Jane Austen,
Hawthorne, and Henry James. Others examine the significance of Leon
Kass's work as a bioethicist and Chairman of the President's
Council on Bioethics and as an interpreter of the Book of Genesis.
The essays collected in Apples of Gold in Pictures of Silver offer
a sense of the breadth of Kass's interests and insights and of the
influence he has had on generations of scholars. The reader is
further acquainted with the career of Leon R. Kass by a
biographical introduction and a comprehensive listing of his
published writings and the courses he has taught."
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