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Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon Jun 2006

Positively Punitive: How The Inventor Of Scientific Criminology Who Died At The Beginning Of The Twentieth Century Continues To Haunt American Crime Control At The Beginning Of The Twenty-First, Jonathan Simon

Faculty Scholarship

The article presents a historical interpretation of changes in the penal system of the U.S. Penology is linked with incarceration rate outcomes. Rhetoric is considered in consistency with penalty themes and rehabilitation. The practice of positivist criminology is reflected when proponents viewed themselves as opposition to legal officials' crime control policy ideas.


Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, K. A. Bamberger Jan 2006

Regulation As Delegation: Private Firms, Decisionmaking, And Accountability In The Administrative State, K. A. Bamberger

Faculty Scholarship

Administrative agencies increasingly enlist the judgment of private firms they regulate to achieve public ends. Regulation concerning the identification and reduction of risk--from financial, data and homeland security risk to the risk of conflicts of interest--increasingly mandates broad policy outcomes and accords regulated parties wide discretion in deciding how to interpret and achieve them. Yet the dominant paradigm of administrative enforcement, monitoring and threats of punishment, is ill suited to oversee the sound exercise of judgment and discretion. This Article argues that this kind of regulation should be viewed, instead, as regulatory "delegation" of the type Congress makes to agencies ...


Is Suspension A Political Question, Amanda L. Tyler Jan 2006

Is Suspension A Political Question, Amanda L. Tyler

Faculty Scholarship

The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.


Executive Power V. International Law, Robert J. Delahunty, John Yoo Jan 2006

Executive Power V. International Law, Robert J. Delahunty, John Yoo

Faculty Scholarship

The article explores the relationship between executive power and international law in the U.S. It notes that such a law was violated by presidents at significant moments where national security and foreign policy goals were at stake. It says that the precedence of the president's constitutional authority over international law is demonstrated by analyzing important events in military and diplomatic history of the country.


Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2006

Preclearance, Discrimination, And The Department Of Justice: The Case Of South Carolina, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.


When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo Jan 2006

When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo

Faculty Scholarship

This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.