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Full-Text Articles in Law
Punctuated Equilibrium: A Model For Administrative Evolution, Naomi Mezey, Mark C. Niles
Punctuated Equilibrium: A Model For Administrative Evolution, Naomi Mezey, Mark C. Niles
Faculty Publications
(Excerpt)
In 1972, paleontologists Niles Eldredge and Stephen Jay Gould published a paper that challenged the conventional understanding of the nature and rate of biological evolution. Addressing the absence of support in the fossil record for the accepted model of species change, the scholars observed that significant genetic development within a single species did not appear to follow the kind of gradual path that Charles Darwin had postulated. Instead, they concluded that "the great majority of species appear with geological abruptness in the fossil record and then persist in stasis until their extinction." They observed that species evolution is much …
Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino
Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino
Faculty Publications
President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.
One aspect of administrative law and separation …