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Full-Text Articles in Law

Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii Jan 2005

Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


The Internet And Citizen Participation In Rulemaking, Cary Coglianese Jan 2005

The Internet And Citizen Participation In Rulemaking, Cary Coglianese

Faculty Scholarship at Penn Law

Each year, regulatory agencies promulgate thousands of important rules through a process largely insulated from ordinary citizens. Many observers believe the Internet could help revolutionize the rulemaking process, allowing citizens to play a central role in the development of new government regulations. This paper expresses a contrary view. In it, I argue that existing efforts to apply information technology to rulemaking will not noticeably affect citizen participation, as these current efforts do little more than digitize the existing process without addressing the underlying obstacles to greater citizen participation. Although more innovative technologies may eventually enable the ordinary citizen to play ...


Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii Jan 2005

Justice Scalia's Constitution--And Ours, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

No abstract provided.


Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton Jan 2005

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

Faculty Scholarship at Penn Law

No abstract provided.


The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee Jan 2005

The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee

Faculty Scholarship at Penn Law

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 ...