Search results for: "legitimacy" (1038 results)
inappropriately elides agencies’ administrative and policymak- ing functions. It also has consequences for the legitimacy of internal administra- tive law. As Ming
normative toggle offered by doctrine would resolve the intramural debate over tort law’s purpose by recognizing the legitimacy of both moral justice and
accommodation. Against the repurposing pro- ject, I argue that the Insular Cases gave rise to nothing less than a crisis of political legitimacy in the
CONSTITUTION 12, 103-66 (2006); JOHN A. ROHR, TO RUN A CONSTITUTION: THE LEGITIMACY OF THE ADMINISTRATIVE STATE 15-53 (1986). 17. See Richard H. Fallon, Jr
are several important constraints on the strength of deference claims. For example, there are two different sources from which the legitimacy of the
presump- tion that terrorism defendants are uniquely dangerous. The legitimacy of the Guidelines is derived from the belief that they are based on
’ Opinions Regarding Crime and Punishment 2431 a. Blacks, Legitimacy of Police, and Punishment 2431 b. Black Politicians, Crime, and Punishment 2433 c
and inherently conflicting lines of case law”—prohibiting prosecutorial vindictiveness and establishing the legitimacy of plea bargaining.110 But
even more significant than the legal legitimacy of their invocation was Justice Kennedy’s dramatic revision of the Insular Cases’ jurisprudential
new sites of conflict are emerging. The very legitimacy of same-sex family formation is being challenged by some now working to restrict ART. Even as