The Positive Political Dimensions of Regulatory Reform

Daniel B. Rodriguez
This Article is concerned with two critical and interrelated questions in American public law. The first question is how the law should regulate politics. Specifically, how can legal doctrine be brought to bear on processes of politics and political decisionmaking in order to produce superior outcomes and to improve the operations of political process? The second question is how the law should deal with the modem regulatory process.

The Theories of Federal Habeas Corpus

Evan Tsen Lee
This Article makes two principal arguments. First, the best interpretation of the federal habeas corpus statute would not embrace any theory to the exclusion of all others. To some degree, the Court has had trouble settling on a theory of habeas because the theories under consideration are oversimple. What makes the most sense is a hybrid approach to habeas jurisdiction. This hybrid theory would hold that federal habeas relief is…

Bifurcation of the Owner and Operator Analysis Under CERCLA: Finding Order in the Chaos of Pervasive Control

Lynda J. Oswald
This Article focuses primarily on the liability of parent corporations under CERCLA, in part because the cases involving parent corporations raise typical types of issues in relatively uncomplicated factual circumstances. In addition, the cases involving parent corporations are plentiful enough to provide a good sample for evaluation, but limited enough to be manageable.

A Little “Right” Musick: The Unconstitutional Judicial Creation of Private Rights of Action Under Section 10(b) of the Securities Exchange Act

Michael J. Kaufman
This Article engages in that reconsideration and offers a constitutional argument for the elimination of the judicially-created private right of action under section 10(b).

Textualism and the Future of the Chevron Doctrine

Thomas W. Merrill
This Essay offers a preliminary assessment of how textualism and the Chevron doctrine are faring together in the Supreme Court. Part II tracks the progress of these two tenets in recent terms of the Supreme Court. In Part III, I consider some possible explanations for these trends.

Amending the Jones Act to Provide Jones Act Seamen Full Recovery in General Maritime Negligence after Miles v. Apex Marine Corp.

Matthew Hall Armstrong