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Articles 61 - 62 of 62
Full-Text Articles in Law
Juvenile Justice: The Fourth Option, Christopher Slobogin, Mark R. Fondacaro
Juvenile Justice: The Fourth Option, Christopher Slobogin, Mark R. Fondacaro
Vanderbilt Law School Faculty Publications
The current eclectic mix of solutions to the juvenile-crime problem is insufficiently conceptualized and too beholden to myths about youth, the crimes they commit, and effective means of responding to their problems. The dominant punitive approach to juvenile justice, modeled on the adult criminal justice system, either ignores or misapplies current knowledge about the causes of juvenile crime and the means of reducing it. But the rehabilitative vision that motivated the progenitors of the juvenile court errs in the other direction, by allowing the state to assert its police power even over those who are innocent of crime. The most …
Reclaiming The Legal Fiction Of Congressional Delegation, Lisa Schultz Bressman
Reclaiming The Legal Fiction Of Congressional Delegation, Lisa Schultz Bressman
Vanderbilt Law School Faculty Publications
The framework for judicial review of agency statutory interpretations is based on a legal fiction – namely, that Congress intends to delegate interpretive authority to agencies. Critics argue that the fiction is false because Congress is unlikely to think about the delegation of interpretive authority at all, or in the way that the Court imagines. They also contend that the fiction is fraudulent because the Court does actually care about whether Congress intends to delegate interpretive authority in any particular instance, but applies a presumption triggered by statutory ambiguity or a particularized analysis involving factors unrelated to congressional delegation. In …