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Full-Text Articles in Law
General And Specific Legal Rules, Paul G. Mahoney, Chris William Sanchirico
General And Specific Legal Rules, Paul G. Mahoney, Chris William Sanchirico
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Legal rules may be general (that is, applicable to a broad range of situations) or specific. Adopting a custom-tailored rule for a specific activity permits the regulator to make efficient use of information about the social costs and benefits of that activity. However, the rule maker typically relies on the regulated parties for such information. The regulated parties may attempt to influence the rule maker, producing rules that reflect their private interests. We show that in some cases limiting the rule maker to a single rule for multiple activities will moderate this influence and maximize welfare. Available for download at …
Retheorizing The Presumption Against Implied Repeals, Karen Petroski
Retheorizing The Presumption Against Implied Repeals, Karen Petroski
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What should a court do when it is presented with two statutes that appear to be in conflict? If the conflict proves irreconcilable, and neither of the statutes is more specific than the other, a long-standing principle of statutory interpretation advises the court to conclude that the legislature's last word on the subject-the later-enacted statute-controls. The later enacted statute therefore "repeals" by necessary implication the earlier, contrary statute to the extent of the conflict.' This rule of thumb reflects an understanding that, occasionally, updating of the statutory scheme is desirable, either because this updating was intended (if not acknowledged) by …
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
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No abstract provided.
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
The Feeney Amendment And The Continuing Rise Of Prosecutorial Power To Plea Bargain, Stephanos Bibas
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No abstract provided.
"A Question Which Convulses A Nation": The Early Republic's Greatest Debate About The Judicial Review Power, Theodore Ruger
"A Question Which Convulses A Nation": The Early Republic's Greatest Debate About The Judicial Review Power, Theodore Ruger
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No abstract provided.
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
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Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress's authority to employ devices such as special counsels and independent agencies to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitution rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive, in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
Integrating Remorse And Apology Into Criminal Procedure, Stephanos Bibas, Richard A. Bierschbach
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No abstract provided.