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Full-Text Articles in Law

Loose Canons: Statutory Construction And The New Nondelegation Doctrine, David M. Driesen Jan 2002

Loose Canons: Statutory Construction And The New Nondelegation Doctrine, David M. Driesen

College of Law - Faculty Scholarship

This article asks whether courts or administrative agencies have constitutional authority to narrowly construe statutes to save them from truly serious nondelegation claims. It explains why the Court correctly rejected administrative saving construction in American Trucking Ass'ns v. Whitman, and why the rationale supporting this rejection applies to courts as well as to agencies. This article also questions recent arguments that the nondelegation doctrine has found a new and appropriate home among canons of statutory construction. Judicial saving construction could lead to great expansion of judicial authority to make public law at the expense of the more democratic branches of …


Learning More Than Law From Maryland Decisions, Ian Gallacher Jan 2002

Learning More Than Law From Maryland Decisions, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.


Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr. Jan 2002

Evaluating Electronic Resources: Criteria Used By Librarians, Robert J. Weiner Jr.

College of Law - Law Library Staff Scholarship

Librarians use a variety of criteria when evaluating research databases for potential purchase or subscription. The development of a systematic approach to making library purchasing decisions can ensure that an informed decision-making process is used in library database collection building.


Looking The Other Way: A Critique Of The Fair-Lending Enforcement System And A Plan To Fix It, Stephen L. Ross, John Yinger Jan 2002

Looking The Other Way: A Critique Of The Fair-Lending Enforcement System And A Plan To Fix It, Stephen L. Ross, John Yinger

Center for Policy Research

In 2001, the homeownership rate in the United States reached 67.8 percent--an all-time high. The benefits of homeownership were not evenly spread across ethnic groups, however. In fact, the homeownership rate was 74.3 percent for non-Hispanic whites, 48.4 percent for non-Hispanic blacks, and 47.3 percent for Hispanics (U.S. Department of Housing and Urban Development 2002, Table 29). These homeownership gaps undoubtedly have many causes, but one of the key suspects is discrimination in mortgage lending. The vast majority of households cannot buy a house without a mortgage loan, and discriminatory barriers to obtaining a mortgage could have a dramatic impact …