Results for 'legitimacy'
The Administrative Agon: A Democratic Theory for a Conflictual Regulatory State
settled. Relying on this shaky and unrealistic assumption to build an account of the administrative state’s democratic legitimacy has always been
Technocratic Pragmatism, Bureaucratic Expertise, and the Federal Reserve
legitimacy to carry out core historical functions. On the other, hewing too closely to precedent and existing expertise risks institutional failure of a
We the People: Each and Every One
constitutional legitimacy; it is the problem that requires a normative solution. As an alternative to collective or majoritarian conceptions of popular
Federal Sentencing Error as Loss of Chance
in that error—weigh in favor of cognizability. II. the advisory guidelines system’s continued legitimacy Characterizing sentencing error as loss of
Forum: Corruption: Greed, Culture, and the State
conceptual reversals, Part IV develops my own “democratic legitimacy” approach. It stresses the way pervasive corruption undermines the competence
Forum: In Praise of the Supporting Cast
continue to disagree about which outcome is, in principle, right. Adjudication achieves this legitimacy by bringing disputants into affective
Forum: Community Policing as a Counter to Bias in Policing: A Personal Perspective
agency that is serious about procedural justice and legitimacy designs its recruitment policies to weed out such people. But my on-the-job experience, as
Jury Selection as Election: A New Framework for Peremptory Strikes
peremptory strikes: democratic legitimacy. The selection of jurors is analogous to the election of political representatives. Political elections give
Forum: Clauses Not Cases
this practice is justified on grounds of democratic legitimacy; and third, that it is best implemented by asking nominees “to explain the grounds on
Forum: Pluralism, Polarization, and the Common Good: The Possibility of Modus Vivendi Legal Ethics
legitimacy as it does to communitarian or republican accounts. Pluralists observe that human goods are diverse, sometimes conflicting, and cannot be