Archive for the 'Volume 85-6' Category
Courts are critically important institutions. They preside over private disputes brought before them, oversee much agency action, and even overturn legislation. In short, courts have tremendous power. That power, in turn, calls for acceptance of courts’ authority by litigants who submit, voluntarily or involuntarily, to their jurisdiction.
Courts that hear disputes between private citizens and the [...]
Distinct and complementary procedures for adjudication and rulemaking lie at the heart of twentieth-century administrative law. Due process requires agencies to provide individuals notice and an opportunity to be heard. Through public rulemaking, agencies can foreclose policy issues that individuals might otherwise raise in adjudication. One system allows for focused advocacy; the other features broad [...]
Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European [...]
Plurality and Precedence: Judicial Reasoning, Lower Courts, and the Meaning of United States v. Winstar Corp.
Plurality decisions of the United States Supreme Court have generated nearly unanimous negative outcry. The reasons generally given for decrying plurality decisions fall into two related categories. Some critics argue that plurality decisions represent a failure of the Supreme Court to fulfill its responsibility as lawmaker. Others argue that plurality decisions create confusion [...]
This Note attempts to answer a deceivingly simple question: Who is the victim of a crime? After decades of “neglect” in state and federal criminal law, during the last thirty years victims have come to play an increasingly central role in American criminal justice. Our current system of criminal law is not simply a [...]