This article examines 3 aspects of water privatization in the United States: 1) the privatization of public water services and systems; 2) the dominance of private property rights in water amid a complex legal regime of mixed public and private characteristics of water; and 3) the cultural framing of water as a consumer commodity. These trends raise significant human rights issues, not unlike global debates over human rights to water, and also critical national security issues related to confli

This article examines 3 aspects of water privatization in the United States: 1) the privatization of public water services and systems; 2) the dominance of private property rights in water amid a complex legal regime of mixed public and private characteristics of water; and 3) the cultural framing of water as a consumer commodity. These trends raise significant human rights issues, not unlike global debates over human rights to water, and also critical national security issues related to conflict and scarcity, foreign control over domestic water supplies, and vulnerability to terrorism. More importantly, though, the article critiques the sustainability of the privatization and commodification of water in terms of the ecological, temporal, geographic, socio-ethical, policy, and economic integrity and sustainability of waters and watersheds. The article concludes that human rights legal theories lack the capacity to resolve concerns about meeting the human need for water. Likewise, ...

The concept of “creamskimming” arises with regularity in the law of regulated industries. As a rhetorical weapon, the term “creamskimming” readily conjures images of the sort of putatively destructive competition that regulatory commissions are charged with patrolling. As a result, allegations of creamskimming have become a standard weapon in the legal arsenal of incumbent firms seeking to resist competitive entry. At an extreme, incumbent firms will characterize all forms of competitive entr

The concept of “creamskimming” arises with regularity in the law of regulated industries. As a rhetorical weapon, the term “creamskimming” readily conjures images of the sort of putatively destructive competition that regulatory commissions are charged with patrolling. As a result, allegations of creamskimming have become a standard weapon in the legal arsenal of incumbent firms seeking to resist competitive entry. At an extreme, incumbent firms will characterize all forms of competitive entr

The concept of “creamskimming” arises with regularity in the law of regulated industries. As a rhetorical weapon, the term “creamskimming” readily conjures images of the sort of putatively destructive competition that regulatory commissions are charged with patrolling. As a result, allegations of creamskimming have become a standard weapon in the legal arsenal of incumbent firms seeking to resist competitive entry. At an extreme, incumbent firms will characterize all forms of competitive entry as creamskimming. Sound regulatory responses to these allegations therefore depend on a proper understanding of the creamskimming concept. This article proposes a definition of creamskimming that will help state and federal regulatory agencies distinguish genuine objections to proposed competitive entry from reflexive (and often improper) efforts to shield incumbent firms from competition. “Creamskimming” should be defined as “the practice of targeting only the customers that are the ...

The prevailing approach to First Amendment equal-access litigation, turning on the "general inclusivity" of government access, is deeply flawed. The standard has proved to be, in the end, exceedingly permissive, hopelessly vague, and, perhaps most importantly, theoretically incompatible with the Supreme Court's emerging view that access is a form of government subsidy. This essay calls on the courts to abandon their reliance on inclusiveness, and, in its place, tailor the definition of "access

The prevailing approach to First Amendment equal-access litigation, turning on the "general inclusivity" of government access, is deeply flawed. The standard has proved to be, in the end, exceedingly permissive, hopelessly vague, and, perhaps most importantly, theoretically incompatible with the Supreme Court's emerging view that access is a form of government subsidy. This essay calls on the courts to abandon their reliance on inclusiveness, and, in its place, tailor the definition of "access" to include only those government acts conducted "pursuant to official duties." The resulting doctrine would be one worthy of the federal courts -- durable, coherent, and duly respectful of the traditional relations between public officials and the press.

This article explores the early development of the concept of separation of Church and State. Although many today may think of the concept as an innovation of the United States and the "American experiment," it is instead a concept which emerged part and parcel with the Christian Church. Within decades of imperial recognition of the Church as an institution, the Church began breaking free from the traditional mold in antiquity, in which the State was a political, ethical and religious unity.

This article explores the early development of the concept of separation of Church and State. Although many today may think of the concept as an innovation of the United States and the "American experiment," it is instead a concept which emerged part and parcel with the Christian Church. Within decades of imperial recognition of the Church as an institution, the Church began breaking free from the traditional mold in antiquity, in which the State was a political, ethical and religious unity.

This article explores the early development of the concept of separation of Church and State. Although many today may think of the concept as an innovation of the United States and the "American experiment," it is instead a concept which emerged part and parcel with the Christian Church. Within decades of imperial recognition of the Church as an institution, the Church began breaking free from the traditional mold in antiquity, in which the State was a political, ethical and religious unity. To great thinkers within the Church, the nature of the Church itself compelled separation from the State. Yet, a level of collaboration existed and Church influence on certain aspects of secular government was accepted as necessary and appropriate. As society today struggles with the many questions associated with the relationship between Church and State, it is useful to review the early Church's stance on the issue and the reasons underlying that position. A key insight from such ...

U.S. farmers have the capability to grow corn at a much lower cost than their Mexican counterparts, even without the government support that American agribusiness enjoys. In Mexico, corn is grown to some extent by agribusiness, often with ties to corporate America, but corn is also the food crop of the people--the peasant and the indigenous population. The indigenous people of Mexico essentially developed corn and "gave" it to the world. These indigenous people have finally begun to receive s

No lawyer's knowledge of Kentucky law is safe while the state legislature is in session. Everything from the rules for the taxation of small businesses to the procedures of juvenile courts is subject to change in this period and it is often important to monitor these developments on behalf of current and future clients. To do so, it is necessary to understand something of Kentucky legislative procedure. This article looks at the Kentucky legislative process, noting the myriad limits on lawmakin

No lawyer's knowledge of Kentucky law is safe while the state legislature is in session. Everything from the rules for the taxation of small businesses to the procedures of juvenile courts is subject to change in this period and it is often important to monitor these developments on behalf of current and future clients. To do so, it is necessary to understand something of Kentucky legislative procedure. This article looks at the Kentucky legislative process, noting the myriad limits on lawmakin

New lawyers and attorneys transplanted to Kentucky are often unprepared for the way that the commonwealth's political history has shaped, framed and explained the law. This short piece attempts to guide the perplexed with a highly selective annotated bibliography. The article lists books in three areas. First, books that illustrate the history and politics that lies just under the surface of Kentucky jurisprudence are discussed. Then, works on Kentucky's legal culture are surveyed. Finally, the

Grounded in framing theory and the analyses of judges and commentators, this article examines issue statements in a sample of recent briefs from six states. The data cover various aspects of issue statements, including sentence structure, length, and the most common beginning words. Issue statements from recent briefs provide examples throughout the discussion. The article concludes with recommendations for framing effective issue statements.

Grounded in framing theory and the analyses of judges and commentators, this article examines issue statements in a sample of recent briefs from six states. The data cover various aspects of issue statements, including sentence structure, length, and the most common beginning words. Issue statements from recent briefs provide examples throughout the discussion. The article concludes with recommendations for framing effective issue statements.

Probate records show that James Harlan, the father of Supreme Court Justice John Marshall Harlan, assembled during his lifetime a law library impressive in its breadth and balance. This paper discusses how Harlan might have acquired the collection, analyzes its content, and attempts to identify titles listed in the executor's inventory.

Over the years, the Supreme Court has engendered its own cohort of "Court-watchers" - a group of journalists, lawyers and academics who document the high court's activities and predict its course. At one time this activity was closed to all but the Washington insiders who could pick up slip opinions, follow the Court's docket in expensive services like the Bureau of National Affairs' U.S. Law Week and hear rumors and predictions from members of the federal appellate bar. However, with the advent

Probate records show that James Harlan, the father of Supreme Court Justice John Marshall Harlan, assembled during his lifetime a law library impressive in its breadth and balance. This paper discusses how Harlan might have acquired the collection, analyzes its content, and attempts to identify titles listed in the executor's inventory.

Over the years, the Supreme Court has engendered its own cohort of "Court-watchers" - a group of journalists, lawyers and academics who document the high court's activities and predict its course. At one time this activity was closed to all but the Washington insiders who could pick up slip opinions, follow the Court's docket in expensive services like the Bureau of National Affairs' U.S. Law Week and hear rumors and predictions from members of the federal appellate bar. However, with the advent of the Internet and the blog, Court-watching is something anyone can do. This article discusses the websites and blogs where researchers can follow the Supreme Court's activities in real-time.