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Full-Text Articles in Law

Discretionary Justice: A Preliminary Inquiry, Henry Mcgee Jan 1970

Discretionary Justice: A Preliminary Inquiry, Henry Mcgee

Faculty Articles

Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.


Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee Jan 1970

Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee

Faculty Articles

Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .


Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee Jan 1970

Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee

Faculty Articles

An agency is not an island entire of itself. It is one of the many rooms in the magnificent mansion of the law. The very subordination of the agency to judicial jurisdiction is intended to proclaim the premise that each agency is to be brought into harmony with the totality of the law; the law as it is found in the statute at hand, the statute book at large, the principles and conceptions of the "common law," and the ultimate guarantees associated with the Constitution.