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- Title
ATAY V. COUNTY OF MAUI.
- Authors
Pollack, James
- Abstract
Decentralized authority is a hallmark of our Republic.2 While the Federal Constitution and laws remain the "supreme Law of the Land,"3 there is a long line of legal and political reasoning treating each state as a "laboratory"4 for experimentation. Beyond the state, the remaining powers are "reserved . . . to the people."5 This constitutional framework implements classical liberal theory, the dominant philosophical framework at the time the U.S. Constitution was written, as well as today. The Constitution sets up the dualism of the coercive, sovereign state authority that must be checked through individual rights and the individuals who are free to exercise their slightly limited liberties.6 But what of other forms of legal and political organization, such as the public and private corporation? The public municipal corporation-the city-does not fall naturally into either classical liberal category, but rather sits at an intermediate stage: it may be an expression of coercive state authority, or of individual freedom of association and self-determination.7
- Subjects
UNITED States; TRANSGENIC plants -- Law &; legislation; LIABILITY for environmental damages; ENVIRONMENTAL law; ECOSYSTEM management; ENVIRONMENTAL management
- Publication
Harvard Environmental Law Review, 2018, Vol 42, Issue 1, p305
- ISSN
0147-8257
- Publication type
Article