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50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher
50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher
Faculty Scholarship
In this paper I describe my experience as one of the early members of the Haile Selassie I University (H.S.I.U.), Law Faculty, and share my reflections on developments in the ensuing years.
The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson
The Return Of The King: The Unsavory Origins Of Administrative Law, Gary S. Lawson
Faculty Scholarship
Philip Hamburger’s Is Administrative Law Unlawful? is a truly brilliant and important book. In a prodigious feat of scholarship, Professor Hamburger uncovers the British and civil law antecedents of modern American administrative law, showing that contemporary administrative law “is really just the most recent manifestation of a recurring problem.” That problem is the problem of power: its temptations, its dangers, and its tendency to corrupt. Administrative law, far from being a distinctive product of modernity, is thus the “contemporary expression of the old tendency toward absolute power – toward consolidated power outside and above the law.” It represents precisely the …
The Rule Of Law As A Law Of Law, Gary S. Lawson, Steven Calabresi
The Rule Of Law As A Law Of Law, Gary S. Lawson, Steven Calabresi
Faculty Scholarship
Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, “The Rule of Law as a Law of Rules.” In this Essay, we explore the extent to which that rule orientation is consistent with the Constitution’s original meaning. We conclude that it is far less consistent with the Constitution than is generally recognized. The use of standards rather than rules is prescribed not only by a few provisions in the Bill of Rights and the Fourteenth Amendment but also by key aspects of the 1788 constitutional text. The executive power, the Necessary and Proper power, …