27Oct

Democracy and Administrative Legitimacy

Categories: Law Review

By: David Arkush* This Essay examines the three ideals that underlie most models of administrative legitimacy—the rule of law, sound public policy, and democracy—as well as their associated models of administration, and it argues that administrative legitimacy efforts are best focused on the democracy ideal. Reforms guided by the rule of law and public policy […]

Tags: Administrative Law Democracy

27Oct

Hyperdepoliticization

Categories: Law Review

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By: Edward Rubin* The effort to insulate public administration from the tempestuous intensity of political controversy is a dominant theme in the history of American government. At the federal level, it is older than the administrative state itself, having been put in issue by the transition from the Federalists to the Jeffersonian Democrats in 1800[1]—the […]

Tags: Administrative Law Politics

27Oct

Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency

Categories: Law Review

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By: Richard Murphy* In 1983, then-Administrator William Ruckelshaus promised that under his leadership, EPA would operate “in a fishbowl.” I wish to reaffirm this commitment and take the opportunity to provide guidelines about how we will ensure transparency in our interactions with all members of the public. Lisa Jackson, EPA Administrator[1] Introduction The basic template […]

Tags: Administrative Law Legislature

6Sep

Think Small: The Future of Public Financing After Arizona Free Enterprise

Categories: Law Review

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By: Glen Hudson* “It is money! . . . Money! Money! Not ideas, nor principles, but money that reigns supreme in American politics.”[1] Campaign spending in the 2010 midterm election cycle hit record levels following a string of United States Supreme Court rulings on campaign finance,[2] includingCitizens United v. FEC[3] and Davis v. FEC.[4] Candidates, political parties, and […]

Tags: Campaign Contributions Supreme Court

6Sep

It’s Time To Try Something New: Why Old Precedent Does Not Suit Charter Schools in the Search for State Actor Status

Categories: Law Review

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By: Catherine LoTempio* Introduction Today, education reform continues to be at the forefront of issues important to the American public. Although education reform has taken various forms over the years, one of the more noteworthy developments has been the creation of charter schools through state legislation.[1] Charter schools emerged in 1991 when Minnesota enacted the […]

Tags: Charter Schools Education

6Sep

Community Prosecution, Comparative Prosecution

Categories: Law Review

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By: Ronald F. Wright* Criminal prosecutors, like other public servants in a representative democracy, must continually work out what it means to “represent” the public.[1] One prosecutor might view the job as one for an expert, bringing technical skills and judgment to questions of public safety. Another prosecutor might aim for a more responsive relationship, […]

Tags: Criminal Law Prosecution

5Sep

The Normative Case for Normative Grand Juries

Categories: Law Review

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By: Josh Bowers* Introduction There is a broad swath of cases—perhaps the majority in many jurisdictions—where arrests are based on the allegations and observations of no witnesses except the arresting officers; where there are no concrete victims; where cases are typically resolved with some form of guilty plea at the first appearance or shortly thereafter; […]

Tags: Criminal Law Fourth Amendment

5Sep

Perceptions of Fairness and Justice: The Shared Aims and Occasional Conflicts of Legitimacy and Moral Credibility

Categories: Law Review

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By: Josh Bowers* & Paul H. Robinson** Introduction A growing literature suggests that a criminal justice system derives practical value by generating societal perceptions of fair enforcement and adjudication.[1] Specifically, perceptions of procedural fairness—resulting in perceptions of the system’s “legitimacy,” as the term is used—may promote systemic compliance with substantive law, cooperation with legal institutions […]

Tags: Criminal Law

5Sep

The Community Prosecutor: Questions of Professional Discretion

Categories: Law Review

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By: Bruce A. Green* & Alafair S. Burke** This Article examines community prosecuting from an ethics perspective. Our focus is not on prosecutors’ compliance with the disciplinary rules, however. The strategies that have been said to exemplify community prosecuting are almost invariably compliant with disciplinary rules and other aspects of the law governing prosecutors. Rather, […]

Tags: Criminal Law Professional Conduct Prosecution

5Sep

Community-Based Prosecution in North Carolina: An Inside-Out Approach to Public Service at the Courthouse, on the Street, and in the Classroom

Categories: Law Review

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By: Ben David* Introduction I am a North Carolina prosecutor.[1] I speak for the dead in murder trials and dismiss registration violations in traffic court. I advise police officers in station houses and listen to cooperating criminals in holding cells. When a crime affects us all, I am the conscience for the community, and I […]

Tags: Criminal Law Professional Conduct

14Apr

Regulating Companies as if the World Matters: Reflections From the Ongoing Sustainable Companies Project

Categories: Law Review

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By: Beate Sjåfjell* Introduction: A Moral Imperative for Action The company is one of the most ingenious inventions of our time.[1] With limited liability for its investors, enabling capital to be (in theory) put to its most efficient use, the company has become the backbone of our economies. But must this all-important component of our market […]

Tags: Corporation Environmental Law International Law

11Apr

A Signaling Theory of Lockups in Mergers

Categories: Law Review

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By: Shmuel Leshem* Empirical evidence shows that termination fees (“lockups”) in merger agreements of public companies discourage competition for the target company but do not necessarily harm target shareholders. This Article presents a signaling theory consistent with this evidence and considers the theory’s normative implications. The chief argument is that the presence of a lockup […]

Tags: Corporation Empirical Study

Democracy and Administrative Legitimacy

Hyperdepoliticization

Enhancing the Role of Public Interest Organizations in Rulemaking via Pre-Notice Transparency

Think Small: The Future of Public Financing After Arizona Free Enterprise

It’s Time To Try Something New: Why Old Precedent Does Not Suit Charter Schools in the Search for State Actor Status

Community Prosecution, Comparative Prosecution

The Normative Case for Normative Grand Juries

Perceptions of Fairness and Justice: The Shared Aims and Occasional Conflicts of Legitimacy and Moral Credibility

The Community Prosecutor: Questions of Professional Discretion

Community-Based Prosecution in North Carolina: An Inside-Out Approach to Public Service at the Courthouse, on the Street, and in the Classroom

Regulating Companies as if the World Matters: Reflections From the Ongoing Sustainable Companies Project

A Signaling Theory of Lockups in Mergers

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