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Bring On The Chicken And Hot Oil: Reviving The Nondelegation Doctrine For Congressional Delegations To The President, Loren Jacobson
Bring On The Chicken And Hot Oil: Reviving The Nondelegation Doctrine For Congressional Delegations To The President, Loren Jacobson
St. John's Law Review
(Excerpt)
The so-called “nondelegation doctrine” posits that Congress may not transfer its legislative power to another branch of government, and yet Congress delegates its authority routinely not only to the President, but to a whole host of other entities it has created and that are located in the executive branch, including executive branch agencies, independent agencies, commissions, and sometimes even private parties. Recognizing that “in our increasingly complex society, replete with ever changing and more technical problems, Congress simply cannot do its job absent an ability to delegate power under broad general directives,” the Supreme Court of the United States …
Epistemic Peerhood In The Law, R. George Wright
Epistemic Peerhood In The Law, R. George Wright
St. John's Law Review
(Excerpt)
We thus have, at this point, a preliminary sense of the importance of some possible choices in deciding whose voices and participation should be taken seriously, as that of our epistemic peers, in deciding legal questions. This Article addresses these preliminary understandings in several legal contexts. We can do so most profitably on the basis of a better, fuller, and more specific understanding of the crucial idea of epistemic peerhood. It is thus the idea of epistemic peerhood itself that this Article addresses immediately below.