Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (118)
- Civil Rights and Discrimination (31)
- Jurisprudence (25)
- Legal History (22)
- Criminal Law (21)
-
- Law and Society (21)
- Criminal Procedure (18)
- Public Law and Legal Theory (16)
- Courts (14)
- Human Rights Law (14)
- International Law (11)
- Legislation (10)
- Comparative and Foreign Law (9)
- Law and Politics (9)
- Health Law and Policy (8)
- Judges (8)
- Social and Behavioral Sciences (7)
- Economics (6)
- Medical Jurisprudence (6)
- Sexuality and the Law (6)
- Education Law (5)
- Immigration Law (5)
- Law and Economics (5)
- Law and Gender (5)
- Legal Profession (5)
- Religion Law (5)
- Torts (5)
- Administrative Law (4)
- Communications Law (4)
- Institution
-
- BLR (80)
- Selected Works (18)
- University of San Diego (13)
- SelectedWorks (10)
- Fordham Law School (6)
-
- Villanova University Charles Widger School of Law (5)
- University of South Carolina (4)
- University of North Carolina School of Law (3)
- American University Washington College of Law (2)
- University of Georgia School of Law (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Oklahoma City University School of Law (1)
- Pace University (1)
- The University of Akron (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pennsylvania Carey Law School (1)
- Washington University in St. Louis (1)
- Widener Law (1)
- Publication
-
- ExpressO (70)
- University of San Diego Public Law and Legal Theory Research Paper Series (13)
- Fordham Law Review (6)
- Faculty Publications (4)
- George Mason University School of Law Working Papers Series (4)
-
- Rutgers Law School (Newark) Faculty Papers (4)
- South Carolina Law Review (4)
- Working Paper Series (4)
- Juan Carlos Riofrío Martínez-Villalba (3)
- Robert G. Natelson (3)
- Shubhankar Dam (3)
- All Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Ira P. Robbins (2)
- James B Johnston (2)
- Mark Fenster (2)
- Scholarly Works (2)
- The Ohio State University Moritz College of Law Working Paper Series (2)
- Akron Law Faculty Publications (1)
- Carlo A. Pedrioli (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Scholarship (1)
- John C Yoo (1)
- Jules Epstein (1)
- Kirk W Junker (1)
- Lawrence J. Connell (1)
- Malla Pollack (1)
- Marc J. Blitz (1)
- Mark D. Rosen (1)
- Mary Kate Kearney (1)
- Publication Type
Articles 151 - 153 of 153
Full-Text Articles in Law
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Mark Fenster
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
The Birth Of A "Logical System": Thurman Arnold And The Making Of Modern Administrative Law, Mark Fenster
Mark Fenster
Much of what we recognize as contemporary administrative law emerged during the 1920s and 1930s, a period when a group of legal academics attempted to aid Progressive Era and New Deal regulatory efforts by crafting a legitimating system for the federal administrative state. Their system assigned competent, expert institutions—most notably administrative agencies and the judiciary—well-defined roles: Agencies would utilize their vast, specialized knowledge and abilities to correct market failures, while courts would provide a limited but crucial oversight of agency operations. This Article focuses both on this first generation of administrative law scholarship, which included most prominently Felix Frankfurter and …
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Without Charge: Assessing The Due Process Rights Of Unindicted Co-Conspirators, Ira P. Robbins
Ira P. Robbins
The grand jury practice of naming individuals as unindicted co-conspirators routinely results in injury to reputations,lost employment opportunities, and a practical inability to run for public office. Yet, because these individuals are not parties to a criminal trial, they have neither the right to present evidence nor
the opportunity to clear their names. Thus, Professor Robbins argues that the practice violates the Fifth Amendment guarantee that “[n]o person shall . . . be deprived of life, liberty, or property,
without due process of law[.]” While prosecutors may offer many justifications to support the practice of naming
unindicted co-conspirators, these reasons …