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Full-Text Articles in Law

"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein May 2010

"Relative Checks": Towards Optimal Control Of Administrative Power, David S. Rubenstein

William & Mary Law Review

Administrative agencies wield a necessary but dangerous power. Some control of that power is constitutionally required and normatively justified. Yet widely discordant views persist concerning the appropriate means of control. Scholars have proposed competing administrative control models that variably place the judiciary, the President, and Congress at the helm. Although these models offer critical insights into the institutional competencies of the respective branches, they tend to understate the limitations of those branches to check administrative power and ultimately marginalize the public interest costs occasioned by second-guessing administrative choice. The “relative checks” paradigm introduced here seeks to improve upon existing models …


No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey May 2010

No Ambiguity Left Behind: A Discussion Of The Clear Statement Rule And The Unfunded Mandates Clause Of No Child Left Behind, Andrew G. Caffrey

William & Mary Bill of Rights Journal

No abstract provided.


The Vote From Beyond The Grave, Krysta R. Edwards Mar 2010

The Vote From Beyond The Grave, Krysta R. Edwards

William & Mary Law Review

No abstract provided.