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Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Administrative Law In The 1930s: The Supreme Court’S Accommodation Of Progressive Legal Theory, Mark Tushnet
Duke Law Journal
In the first decades of the twentieth century, Progressive politicians and legal theorists advocated the creation and then the expansion of administrative agencies. These agencies, they argued, could address rapidly changing social circumstances more expeditiously than could courts and legislatures, and could deploy scientific expertise, rather than mere political preference, in solving the problems social change produced. The proliferation of administrative agencies in the New Deal-the SEC, the NLRB, and others-meant that defending administrative agencies from close judicial oversight became intertwined with defending the New Deal itself In a series of contentious cases decided by the Hughes Court, Progressives believed …
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Judicial Specialization And The Adjudication Of Immigration Cases, Lawrence Baum
Duke Law Journal
When scholars and policymakers consider proposals for specialized courts, they are usually and appropriately mindful of the potential effects of specialization on the adjudication of cases. Focusing on the immigration field, this Article considers these potential effects in relation to other attributes of adjudication: the difficulty of cases, the severe caseload pressures, and the strong hierarchical controls that are each important attributes at some or all levels of the adjudication system. Specifically, this Article discusses the effects of those attributes, the effects of judicial specialization, and the intertwining of the two. It applies that analysis to proposals to substitute some …
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Practical Impediments To Structural Reform And The Promise Of Third Branch Analytic Methods: A Reply To Professors Baum And Legomsky, Russell R. Wheeler
Duke Law Journal
No abstract provided.
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
The Intersection Of Race And Class In U.S. Immigration Law And Enforcement, Kevin R. Johnson
Law and Contemporary Problems
No abstract provided.
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Institutions From Above And Voices From Below: A Comment On Challenges To Group-Conflict Resolution And Reconciliation, Laurel E. Fletcher
Law and Contemporary Problems
Fletcher explores how assumptions about justice have succeeded in establishing a new international consensus on necessary processes of rebuilding societies, some pitfalls of this approach, and recommendations for new directions for the field of transitional justice. A central assumption animating the moral, political, and legal cases for transitional justice is that those responsible for unleashing and conducting mass violence that devastates countries and the lives of civilian residents should not get away with their criminal acts. And further, supporters of justice assume that a legal response is necessary in order to promote reconciliation. He thinks that the appropriate role of …
Probing The Effects Of Judicial Specialization, Lawrence Baum
Probing The Effects Of Judicial Specialization, Lawrence Baum
Duke Law Journal
No abstract provided.
Justification And Excuse, Law And Morality, Mitchell N. Berman
Justification And Excuse, Law And Morality, Mitchell N. Berman
Duke Law Journal
Anglo-American theorists of the criminal law have concentrated on-one is tempted to say "obsessed over"-the distinction between justification and excuse for a good quarter-century and the scholarly attention has purchased unusually widespread agreement. Justification defenses are said to apply when the actor's conduct was not morally wrongful; excuse defenses lie when the actor did engage in wrongful conduct but is not morally blameworthy. A near-consensus thus achieved, theorists have turned to subordinate matters, joining issue most notably on the question of whether justifications are "subjective"-turning upon the actor's reasons for acting-or "objective"-involving only facts independent of the actor's beliefs and …
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
The Reality Of Racial Disparity In Criminal Justice: The Significance Of Data Collection, David A. Harris
Law and Contemporary Problems
Criminologists have long debated the presence of racial disparity at various places in the criminal justice system, from initial on-the-street encounters between citizens and police officers to the sentencing behavior of judges. What is new is the use of statistics designed to persuade the public, and not just other academics and researchers, that grave racial disparities exist in the system, and that these disparities necessitate significant policy changes.
Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence
Enforcing Bias-Crime Laws Without Bias: Evaluating The Disproportionate-Enforcement Critique, Frederick M. Lawrence
Law and Contemporary Problems
No abstract provided.
Remarks Of The Chief Justice: My Life In The Law Series, William H. Rehnquist
Remarks Of The Chief Justice: My Life In The Law Series, William H. Rehnquist
Duke Law Journal
No abstract provided.
Improving The Court Process For Alaska’S Children In Need Of Aid, Susanne Di Pietro, Teresa W. Carns
Improving The Court Process For Alaska’S Children In Need Of Aid, Susanne Di Pietro, Teresa W. Carns
Alaska Law Review
No abstract provided.
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Are Juries Competent To Evaluate Statistical Evidence?, William C. Thompson
Law and Contemporary Problems
No abstract provided.
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Reliance On The Law Of The Circuit—A Requiem, Walter V. Schaefer
Duke Law Journal
No abstract provided.
Incentives Vs. Nonpartisanship: The Prosecutorial Dilemma In An Adversary System, Dirk G. Christensen
Incentives Vs. Nonpartisanship: The Prosecutorial Dilemma In An Adversary System, Dirk G. Christensen
Duke Law Journal
No abstract provided.
Retribution, Responsibility And Freedom: The Fallacy Of Modern Criminal Law From A Biblical-Christian Perspective, E. L. (Stacey) Hebden Taylor
Retribution, Responsibility And Freedom: The Fallacy Of Modern Criminal Law From A Biblical-Christian Perspective, E. L. (Stacey) Hebden Taylor
Law and Contemporary Problems
No abstract provided.