This Article investigates how the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and the courts are implementing the Endangered Species Act’s prohibition on “adverse modification” of “critical habitat.” That prohibition appears to be one of environmental law’s most ambitious mandates, but its actual meaning and effect are contested. Using a database of over 4,000 “biolog...

Like the Prohibition generation of the 1920s, Americans today seem unaware of their long history of experimention with prohibition. From the sumptuary legislation of the Puritans, through the Whiskey Rebellion and Progressive Era, to the current war on drugs, America has experienced the cycle of prohibition and reform along an historical trend towards increased central government control. At th...

The conventional view that National Prohibition failed rests upon an historically flimsy base. The successful campaign to enact National Prohibition was the fruit of a century-long temperance campaign, experience of which led prohibitionists to conclude that a nationwide ban on alcohol was the most promising of the many strategies tried thus far. A sharp rise in consumption during the early 20t...

In this paper, I discuss several arguments against non-therapeutic mutilation. Interventions into bodily integrity, which do not serve a therapeutic purpose and are not regarded as aesthetically acceptable by the majority, e.g. tongue splitting, branding and flesh stapling, are now practised, but, however, are still seen as a kind of 'aberration' that ought not to be allowed. I reject several a...

UUygulamada en sık karşılaşılan dava türlerinden biri ecrimisil davasıdır. Ecrimisil paylı mülkiyet veya elbirliği mülkiyetinde malikler tarafından birbiri aleyhine de istenebilir. Bu takdirde, Yargıtay’a göre, kural olarak intifadan men şartının varlığı aranır. Başka bir deyişle, esas itibarıyla, malikin yararlanmanın engellendiğine yönelik diğer malike bildirimde bulunmuş olmasına ihtiyaç var...