Suchergebnisse

Surplus agricultural commodities have been moved abroad during the late 1950's under several programs: Public Law 480, The Mutual Security Act, and foreign dollar loans and credits. Shipments under these programs have bulked large in recent years—running close to 40 per cent of total agricultural exports and amounting to about $1.5 billion. The emphasis in these programs has been on surplus disposal, rather than on the development needs of the recipient countries. Hence, it is not surprising that the potential for using the sur plus food and fiber bounty of the United States to support and induce economic development has scarcely been touched. But policy actions are within our grasp for making more effective use of surplus food and fiber products from the United States in the recipient "underdeveloped" countries; food and fiber can be used as capital to finance economic development.

This law defines electric power as a public service and states that the generation, transmission, distribution and commercialization of said power is to be regulated by the Regulatory Authority of Public Services (Autoridad Reguladora de los Servicios Públicos).

"This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, and the law regulating libel actions brought by politicians. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts."--

Introduction -- Behavioral Public Choice and the Law: The Synthesis of Two Revolutions -- Behavioral Democracy and the Law -- Behavioral Constitutional Economics -- Behavioral Bureaucrats and Administrative Law -- Behavioral Courts and Judicial Doctrines.

Written for a Yale Festschrift celebrating Professor Jerry Mashaw's extraordinary life of scholarship, this essay takes his first published teaching materials as the jumping off place for an essay on the impact of early choices about the teaching of public law courses on the materials and issues our students see, and the changes that might be in the wind as new materials on Legislation and the Regulatory State emerge. With Richard Merrill, Jerry 40 years ago designed "The American Public Law System" for the first year of law school, treating legislation and administrative action as subjects worthy of serious study, side by side. It and a few other sets of materials (including, notably, Hart and Sacks' "The Legal Process") sought to depart from the strict diet of cases that had characterized American public law teaching from the beginning of the 20th Century, thanks in large part to the dominance of Christopher Columbus Langdell's Socratic Method, which treated cases as the necessary – and virtually exclusive – medium of classroom instruction. To what extent might students in these new courses now be invited to view legislatures and agencies, both as institutions and through their work, through other than judicial eyes? The law school curriculum endlessly invites attention to courts and the means by which they settle (that is to say, make) law. To be sure, its students do not often see the attending lawyers' work by which judicial action is usually (one might say preferably) shaped, but the typical first-year curriculum includes not only Civil Procedure and much discussion of the strengths and weaknesses of common law processes, but also an exercise in brief writing, moot court. Has the Langdellian imperative to use cases only as the primary materials of law study been overcome in these new courses? Do they invite similar direct attention to these other institutions and their ways, before which today's lawyers may so often have to appear? Or do public law and its institutions still appear primarily through the eyes of judges in decided cases, looking backwards over some particular, completed piece of work? After some attention to teaching materials of the 20th Century, the essay turns to an assessment of the more recent works on Legislation and the Regulatory State, finding signs of change in some, but not all of them. The first year of law school remains wedded to the common law and to judges; and these new courses could require understanding of the real world of today's law. If, of course, they are taught outside the Langdellian model. This material, as finally edited, has been published in Administrative Law From the Inside Out: Essays on Themes in the Work of Jerry L. Mashaw, edited by Nicholas R. Parrillo (Cambridge UP, 2017). This working paper version is free to view and download for personal use only, and not for re-distribution, re-sale or use in derivative works. © Peter L Strauss The final form of the essay can be found in the cited work, here in the Cambridge UP online catalog.

"Public law litigation" – civil rights advocacy seeking to restructure public agencies - has changed course over the last three decades. It has moved away from remedial intervention modeled on command-and-control bureaucracy toward a kind of intervention that can be called "experimentalist." Instead of top-down, fixed-rule regimes, the experimentalist approach emphasizes ongoing stakeholder negotiation, continuously revised performance measures, and transparency. Experimentalism is evident in all the principal areas of public law intervention – schools, mental health institutions, prisons, police, and public housing. This development has been substantially unanticipated and unnoticed by both advocates and critics of public law litigation. In this Article, we describe the emergence of the experimentalist model and argue that it moots many common criticisms of public law litigation. We further suggest that it implies answers to some prominent doctrinal issues, including the limits on judicial discretion in enforcing public law rights and the constraints entailed by separation-ofpowers norms. Our interpretation understands public law cases as core instances of "destabilization rights" – rights to disentrench an institution that has systematically failed to meet its obligations and remained immune to traditional forces of political correction. It suggests reasons why judicial recognition and enforcement of such rights might be both effective in inducing better compliance with legal obligations and consistent with our structure of government.