Search results for: "law" (7494 results)
of criminal laws that requires—and has always required— the exercise of discretion. Unlike the civil system in continental Europe, the common law has
for vacatur of un- lawful regulations”). 40. See infra Section II.D. 41. See infra notes 363-382 and accompanying text. the yale law journal 133:1305
Delaware case law regulating corporate defenses against control challengers and in the relevant fed- eral securities laws. Meanwhile, scholars have
and fellow conservative Lawrence M. Mead). 86. In numerous other areas of public law, policymakers have turned to choice-based rationing strategies
Public Domain, Duke Law School, Nov. 9-11, 2001, at http://www.law.duke.edu/pd/papers/boyle.pdf. 25. LAWRENCE LESSIG, THE FUTURE OF IDEAS: THE FATE
’” cri- tiques to Dodd-Frank’s consumer protections laws is that the law “embodies a traditional command and control approach”); Adam J. Levitin & Susan
Clause to extend to both treaties and customary in- ternational law is as important today as it was at the Founding. International lawmaking is
as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal
victim’s motive for bringing the lawsuit and the remedy sought: “The crux of the distinction between crime and tort in the early common law was the choice