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Full-Text Articles in Law
Judging Rules, Ruling Judges, Stephen C. Yeazell
Judging Rules, Ruling Judges, Stephen C. Yeazell
Law and Contemporary Problems
Bureaucracy and complexity are not pejorative terms, but they are limiting terms, and it makes sense to examine the limitations that inhere in them. The US needs to return from a system of judicially created rules back to a system of judicially scrutinized rules.
Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane
Interbranch Accountability In State Government And The Constitutional Requirement Of Judicial Independence, Peter M. Shane
Law and Contemporary Problems
No abstract provided.
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Judicial Independence And Democratic Accountability In Highest State Courts, Paul D. Carrington
Law and Contemporary Problems
Carrington notes that because judges in trial and intermediate courts are accountable to highest courts, it is the latter that are responsible for keeping the faith with democratic traditions.
High-Level, “Tenured” Lawyers, Thomas W. Merrill
High-Level, “Tenured” Lawyers, Thomas W. Merrill
Law and Contemporary Problems
Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.
The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund
The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund
Law and Contemporary Problems
The ethics and control of politically appointed lawyers are discussed.
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
Law and Contemporary Problems
Strauss attempts to explore some of the problems evinced by difficult government attorneys' relations in dealing with other government agenicies.
The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer
The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer
Law and Contemporary Problems
Two clusters of issues regarding institutional representation of Congress are examined.
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
Law and Contemporary Problems
Young provides information about the structural and institutional imperatives that constrain and shape the work of the Attorney-adviser and offers some rudimentary thoughts about what is needed to understand it better.
The Ethics Of Representing Elected Representatives, Kathleen Clark
The Ethics Of Representing Elected Representatives, Kathleen Clark
Law and Contemporary Problems
Clark attempts to sketch out the work of several different types of legislative lawyers. He suggests that the role of lawyers who work for individual legislators may be similar to that of Executive Branch lawyers.
Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen
Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen
Law and Contemporary Problems
Paulsen provides an autobiographical and a conjectural account of cases of personal and professional dilemmas of government lawyers.
The Solicitor General And The Interests Of The United States, David A. Strauss
The Solicitor General And The Interests Of The United States, David A. Strauss
Law and Contemporary Problems
Strauss examines the institutional and administration approach to the issue of the Solicitor General's involvement in legal questions not directly involving the federal government.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Law and Contemporary Problems
Department of Justice control of government litigation is discussed.
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Law and Contemporary Problems
Karmel discusses the role of the SEC prosecutor in the context of the ethical obligations of a government lawyer when expanding the SEC's authority through the development of new legal theories.
United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.
United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.
Law and Contemporary Problems
Perry examines the fidelity of US Attorneys in a new light and provides a way to consider them more broadly.
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Law and Contemporary Problems
A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.
The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity
The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The many roles that agency lawyers can play in the internal processes of developing proposed rules and responding to public comments on those rules are discussed.