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Articles 1 - 3 of 3
Full-Text Articles in Law
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Finkelstein, Michael Lewis
Should Bush Administration Lawyers Be Prosecuted For Authorizing Torture?, Claire Finkelstein, Michael Lewis
University of Pennsylvania Law Review Online
The February 19th, 2010 release of a memorandum by the Justice Department clearing former Bush Administration lawyers John Yoo and Jay Bybee of any professional misconduct for their roles in authoring the so-called torture memos may have closed the chapter on the case against Bush Administration lawyers for formal sanctions from the United States government. But the debate about the propriety of the lawyers’ actions and the proper repercussions for them is far from over. The DOJ memorandum has renewed debate in the press and the academy about the now-hypothetical just deserts for the two men, even while Spanish authorities …