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Full-Text Articles in Law
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho
38 slides
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Jonathan Thompson, Editor, High Country News
23 slides
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Law And Governance In The 21st Century Regulatory State, Jason M. Solomon
Faculty Publications
No abstract provided.
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
The Other Delegate: Judicially Administered Statutes And The Nondelegation Doctrine, Margaret H. Lemos
Faculty Scholarship
The nondelegation doctrine is the subject of a vast and everexpanding body of scholarship. But nondelegation literature, like nondelegation law, focuses almost exclusively on delegations of power to administrative agencies. It ignores Congress's other delegate-the federal judiciary.
This Article brings courts into the delegation picture. It demonstrates that, just as agencies exercise a lawmaking function when they fill in the gaps left by broad statutory delegations of power, so too do courts. The nondelegation doctrine purports to limit the amount of lawmaking authority Congress can cede to another institution without violating the separation of powers. Although typically considered only with …