The automated administrative state: A crisis of legitimacy

R Calo, DK Citron - Emory LJ, 2020 - HeinOnline
In 2016, the Arkansas Department of Human Services decided to make a change.'Rather
than having a nurse visit disabled residents at home to assess their care needs, the agency …

[引用][C] Overcriminalization: The Limits of the Criminal Law

D Husak - 2008 - books.google.com
The United States today suffers from too much criminal law and too much punishment.
Husak describes the phenomena in some detail and explores their relation, and why these …

Substantive Canons and Faithful Agency

AC Barrett - BUL Rev., 2010 - HeinOnline
Federal courts have long employed substantive canons of construction to interpret federal
statutes. Some substantive canons express a rule of thumb for choosing between equally …

Enforcement discretion and executive duty

ZS Price - Vand. L. Rev., 2014 - HeinOnline
Enforcement discretion-the authority to turn a blind eye to legal violations-is central to the
operation of both the federal criminal justice system and the administrative state. Yet its …

The states as laboratories of statutory interpretation: methodological consensus and the new modified textualism

AR Gluck - Yale LJ, 2009 - HeinOnline
This Article offers the first close study of statutory interpretation in several state courts of last
resort. While academics have spent the past decade speculating about the" death of …

When prosecutors politick: Progressive law enforcers then and now

BA Green, R Roiphe - J. Crim. L. & Criminology, 2020 - HeinOnline
1 Mark Berman, These Prosecutors Won Office Vowing to Fight the System. Now, the System
Is Fighting Back., WASH. POST(Nov. 9, 2019, 4: 52 PM), https://www. washingtonpost …

Punishing the innocent

J Bowers - U. Pa. L. Rev., 2007 - HeinOnline
Much has been made of an" innocence problem" in plea bargaining.'Even scholars who
view plea bargaining as systemically positive nevertheless propose reforms to limit access …

Intersystemic Statutory Interpretation: Methodology as Law and the Erie Doctrine

AR Gluck - Yale LJ, 2010 - HeinOnline
Do the Erie Doctrine and its" reverse-Erie" mirror require state and federal courts to apply
one another's statutory interpretation methodologies when they interpret one another's …

Al Capone's revenge: An essay on the political economy of pretextual prosecution

DC Richman, WJ Stuntz - Colum. L. Rev., 2005 - HeinOnline
Most analyses of pretextual prosecutions-cases in which prosecutors target defendants
based on suspicion of one crime but prosecute them for another, lesser crime-focus on the …

Criminal law comes home

J Suk - Yale LJ, 2006 - HeinOnline
Though traditionally criminal law did not reach into the home to punish domestic violence,
today such intervention in the home is well accepted and steadily growing. Because we all …