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Full-Text Articles in Law
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 …
Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker
Reply To Judge Easterbrook: Regarding History As A Judicial Duty, Harry F. Tepker
Oklahoma Law Review
No abstract provided.
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland
Reply To Judge Easterbrook: Judicial Discretion And Statutory Interpretation, Steven J. Cleveland
Oklahoma Law Review
No abstract provided.