Search
Now showing items 1-5 of 5
Regulating Settlement: What is Left of the Rule of Law in the Criminal Process?
(DePaul Law Review, 2007)
Consider what plea bargains would be like if legal rules were taken more seriously than they currently are. A court would recognize a defendant's willingness to be convicted of an offense only when certain conditions were ...
The Divergence of Constitutional and Statutory Interpretation
(Colorado Law Review, 2004)
There is a peculiar point of agreement between prominent defenders of originalist and dynamic interpretive methods, that their preferred interpretive approach applies not just to statutes or to the Constitution, but to ...
Structural Laws and the Puzzle of Regulating Behavior
(Northwestern University Law Review, 2006)
This Article offers a new way of thinking about over criminalization. It argues that in regulating behavior, legislatures have relied excessively on statutory prohibitions and ex post enforcement by police and prosecutors. ...
An Administrative Jurisprudence: The Rule of Law in the Administrative State
(Columbia Law Review, 2015)
This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
The Practice of Dissent in the Supreme Court
(Yale Law Journal, 1996)
The United States Supreme Court's connection to the ideal of the rule of law is often taken to be the principal basis of the Court's political legitimacy. In the Supreme Court's practices, however, the ideal of the rule ...