GENERALITY AND EQUALITY

Law and Philosophy -     

REVIEWS

Beyond Complacency; Administrative Law (Fifth Edition). By H. W. R. Wade. Principles of Public International Law. Third Edition. By Ian Brownlie. An Introduction to the Principles of Morals and Legislation. Jeremy Bentham. Edited by J. H. Burns and H. L. A. Hart. Courts, Prosecution, and Conviction. By M. McConville and J. Baldwin. Making Good: Prisons, Punishment and Beyond. By Martin Wright.     

The Impact of Transformations in National Cultural Identity upon Competing Constitutional Narratives in the United States of America

Shifts in the national cultural identity of the US have been reflected in shifts in the US?? dominant constitutional narratives. For the United States, ??inter-legality?? has been less a matter of dealing with alternative non-state legal narratives than of contending with constantly arising and competing narratives about the ??correct?? nature of the ??official?? legal order of the state. The US Supreme Court has claimed to have the ??last word?? in resolving these arguments but because that Court is so often sharply divided and because the Court membership and the nature of its ??last words?? changes so often, where a significant element of the society seeks to advance its ideas and interests, it will often do so in legal and constitutional terms. As the national culture undergoes changes, a competing constitutional narrative may gain ground and even ultimately prevail, at least for a time, and achieve Supreme Court ??endorsement?? for its claims.     

Center for Biological Diversity v U. S. Forest Service: A New Type of Claim or Just Another Step in the Chain of Causation?1

Abstract

This article discusses what it means to “contribute” to waste disposal as that term is used in section 7002 of the Resource Conservation and Recovery Act. More specifically, the article examines whether the US Forest Service can violate section 7002 by not regulating hunting. Among the issues addressed are whether one can contribute to waste disposal passively, whether one can contribute to waste disposal without taking any action that addresses waste disposal and the extent to which the statutory term “contribute” is analogous to the common law concept of causation.