Search results for: "legitimacy" (1298 results)
inappropriately elides agencies’ administrative and policymak- ing functions. It also has consequences for the legitimacy of internal administra- tive law. As Ming
authorities: it recognizes the “legitimacy of guidance” as an appropriate means for agencies to implement policy, but it insists that guidance’s
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
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
separate and inherently conflicting lines of case law”—prohibiting prosecutorial vindictiveness and establishing the legitimacy of plea bargaining. But
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