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Articles 1 - 4 of 4
Full-Text Articles in Legal Writing and Research
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
ExpressO
The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Joel Fishman
This article celebrates forty years of publication of the Duquesne Law Review.
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Joel Fishman
Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.
Rethinking Crime Legislation: History And Harshness, Victoria Nourse
Rethinking Crime Legislation: History And Harshness, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
There is a truth about the criminal law that scholars evade as much as they criticize: the criminal law is produced by legislators (rather than the experts). The author states she does not know of any way to make law in a democracy other than through the voters' representatives. And, yet, it is the standard pose of the criminal law scholar to denigrate legislatures and politicians as vindictive, hysterical, or stupid. All of these things may be true but name-calling is a poor substitute for analysis. As in constitutional law, so too in criminal law, it is time to put …