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Articles 91 - 93 of 93
Full-Text Articles in Law
Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch
Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.
The Origins And Original Significance Of The Just Compensation Clause Of The Fifth Amendment, William Michael Treanor
The Origins And Original Significance Of The Just Compensation Clause Of The Fifth Amendment, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The principle that the state necessarily owes compensation when it takes private property was not generally accepted in either colonial or revolutionary America. Uncompensated takings were frequent and found justification first in appeals to the crown and later in republicanism, the ideology of the Revolution. The post-independence movement for just compensation requirements at the state and national level was part of a broader ideological shift away from republicanism, which stressed the primacy of the common good, and toward liberalism. At the time the Bill of Rights was adopted, that shift had not been completed, but the trends of the revolutionary …
Special Report - Federal Criminal Code Revision: Some Problems With Culpability Provisions, Paul F. Rothstein
Special Report - Federal Criminal Code Revision: Some Problems With Culpability Provisions, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
The age of federal codification is upon us. The Federal Rules of Evidence and the new bankruptcy and copyright revisions are but examples. By far the most ambitious undertaking in this regard is the effort to recodify federal criminal law.
The federal criminal code project, spanning more than a decade was most recently embodied in the last Congress in S. 1437, which passed the Senate, and H.R. 13959, which competed in the House with S. 1437. Neither bill passed the House. Thus, the Congress closed without a new Code. But both the bills will be back with us, introduced with …