Scholarship

Delegation and Due Process: The Historical Connection

Ann Woolhandler

Date

2008

Citation

Ann Woolhandler, Delegation and Due Process: The Historical Connection, 2008 Supreme Court Review 223–267 (2008).

UVA Law Faculty Affiliations

Ann Woolhandler

Public Policy and Regulation

Constitutional Law

Human Rights Program

Center for the Study of Race and Law

More in This Category

Constraining prosecutors and other advocates who become judges: A commentary on Berryessa et al. (2022)

Gregory Mitchell

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...

Do Federal or State Prosecutors Get To Go First in Trying Trump? A Law Professor Untangles The Conflict

Darryl K. Brown

A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

The Work of the American Law Institute in Historical Context

Kenneth S. Abraham

G. Edward White

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

"Charlottesville" as Legal History

Risa Goluboff

offers a preliminary legal history of the white supremacist and anti-Semitic violence that took place in my hometown of Charlottesville, Virginia on...

Does the Discourse on 303 Creative Portend a Standing Realignment?

Richard M. Re

Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. Elenis. According to...

Why Can’t We Take Secession Seriously?

Cynthia L. Nicoletti

Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would be...

'Our Experiences Make Us Who We Are': Lessons from Thomas Ruffin and Dirk Hartog

Jessica Lowe

It was 1804, and Thomas Ruffin, future Chief Justice of the North Carolina Supreme Court, was having doubts about slavery. Ruffin was a young student...

Doctrinal Forks in the Road: The Hidden Message of The Nature of the Judicial Process

G. Edward White

Kenneth S. Abraham

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

Balancing Private and Public Interests in the Disclosure of Sexual Harassment Information

Gregory Mitchell

Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...

How an Old Tort Became New: The Case of Offensive Battery

G. Edward White

Kenneth S. Abraham

This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...

Immunity Rules

John C. Harrison

Analysis based on Hohfeld’s analytical system shows that liability rules, as defined by Guido Calabresi and A. Douglas Melamed, are a false category...

Hohfeld on Legal Language

Frederick Schauer

Wesley Newcomb Hohfeld is well-known for maintaining that various terms in law – “rights,” most prominently – confusingly designate a number of quite...

Co Authoring in Legal Academia

G. Mitu Gulati

Co authoring saved me. Literally. But for the fact that my senior colleagues at UCLA did not care whether I ever wrote anything sole authored, I don't...

Altering Quotations with Ellipses

Joe Fore

In our last column, we explored different ways of incorporating quotes into legal writing. And although the whole point of quoting is to use another...

Alexander Hamilton, the Nondelegation Doctrine, and the Creation of the United States

Aditya Bamzai

In the period immediately preceding the Constitution’s adoption, New Yorkers engaged in a spirited debate over whether a proposed delegation from the...

The Mechanics of Quoting

Joe Fore

Lawyers often have to rely on others’ words — words written by legislatures, courts, or parties to a contract. But improper use or overuse of quotes...

Risa Goluboff: Response to Dirk Hartog’s “Four Fragments” In a Flow Chart and Three Venn Diagrams

Risa Goluboff

After reading “Four Fragments,” I returned to the journal I kept as a requirement of Dirk’s course. There, in the very first entry dated February 6...