Volume 156, Issue 4 
April 2008
Articles

Integrating Accommodation

Elizabeth F. Emens

Deadlines In Administrative Law

Jacob E. Gersen & Anne Joseph O'Connell

A cottage industry in administrative law studies the various mechanisms by which Congress, the President, and the courts exert control over administrative agencies. Restrictions on the appointment and removal of personnel, the specification of requisite procedures for agency decision making, presidential prompt letters, ex ante review of proposed decisions by the Office of Management and Budget (OMB), legislative vetoes, and alterations in funding and jurisdiction are all potential mechanisms for controlling agency behavior. This Article focuses on a more basic mechanism of control that has surprisingly gone comparatively unnoticed in the literature on administrative agencies: control of the timing of administrative action.


Constitutional Showdowns

Eric A. Posner & Adrian Vermeule

Comments

Dismantling the Felony-Murder Rule: Juvenile Deterrence and Retribution Post-Roper v. Simmons

Erin H. Flynn

The Courtís dicta in Roper v. Simmons seem to foreclose immediate Eighth Amendment challenges to juvenile LWOP sentences. This Comment seeks to show that the Courtís recognition of three main differences between juveniles and adults leaves open to principled attack one of the major doctrinal hooks for gaining adult court jurisdiction over juveniles, and one of the main factors in lengthy juvenile incarcerations and juvenile LWOP sentences: prosecutorsí use of felony-murder charges.


Flashback to the Federal Analog Act of 1986: Mixing Rules and Standards in the Cauldron

Gregory Kau

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