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Considering Political Alternatives To "Hard Look" Review, Peter L. Strauss
Considering Political Alternatives To "Hard Look" Review, Peter L. Strauss
Faculty Scholarship
That is absolutely right. I am sufficiently confused by the facts that are already on the table – two of them in particular. One (the dog that I thought was barking in that interesting first chart Don Elliott put up, on which he did not remark), is that the first two periods of judicial review he showed us had 337 and 294 cases of judicial review each; for the third period, for the same length of time, the figure is about 800. Something is going on there. The other is just a square conflict that our moderator is much better …
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Legislative Theory And The Rule Of Law: Some Comments On Rubin, Peter L. Strauss
Faculty Scholarship
Professor Rubin's article is an admirable piece of work on many levels, from its attention to jurisprudence to its concern with the practical changes in the Congress and its function, and their implications. In commenting on it, I mean to restrict myself to the latter subjects. These are the matters that have the closest tangency to my own work and produce for me the strongest response. Professor Rubin has given us a compelling statement of the problems posed for contemporary constitutional and legislative theory by one transformation in statutory practice accompanying the rise of the administrative state, the change from …