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The Legitimacy of Administrative Law
No full textReviewing Daniel R. Ernst, Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940; Joanna Grisinger, The Unwieldy American State: Administrative Politics Since the New Deal; Philip Hamburger, Is Administrative Law Unlawful?; Jerry L. Mashaw, Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law; and Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940
The Legitimacy of Administrative Law
No full textReviewing Daniel R. Ernst, Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940; Joanna Grisinger, The Unwieldy American State: Administrative Politics Since the New Deal; Philip Hamburger, Is Administrative Law Unlawful?; Jerry L. Mashaw, Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law; and Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940
External interventions and the duration of civil wars
No full textThe authors combine an empirical model of external intervention, with a theoretical model of civil war duration. Their empirical model of intervention allows them to analyze civil war duration, using"expected"rather than"actual"external intervention as an explanatory variable in the duration model. Unlike previous studies, they find that external intervention is positively associated with the duration of civil war. They distinguish partial third-party interventions that extend the length of war, from multilateral"peace"operations, which have a mandate to restore peace without taking sides - and which typically take place at war's end, or at least when both sides have agreed to a cease-fire. In a future paper, the authors will examine whether partial third-party interventions - whatever their effect on a war's duration - increase the risk of war's recurrence. If that proves true, then even if interventions reduce the length of civil war, they may do so at the cost of further destabilizing the political system, and sowing the seeds of future rebellion.Children and Youth,Peace&Peacekeeping,Post Conflict Reconstruction,Post Conflict Reconstruction,International Affairs,Post Conflict Reconstruction,Social Conflict and Violence,Peace&Peacekeeping,Post Conflict Reconstruction,International Affairs
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Nicholas and Anna Ricco Ethics Awards
No full textThis paper was awarded a Nicholas and Anna Ricco Ethics Award for 2013. In this paper, the author discusses issues related to accountability versus autonomy and suggestions toward a more responsible practice of science
“The Government at the Mercy of Its Contractors”: How the New Deal Lawyers Reshaped the Common Law to Challenge the Defense Industry in World War II
No full textThe New Deal marked the consolidation of a novel and, in some ways, enduring set of interrelations among courts, legislatures, and progressive politics. At the intellectual level, it saw the ascendance of two ideas. First, the market was not free, natural, or neutral, but instead entailed coercion and political contingency. Second, judicial decisions were not determined by scientific principles but instead required policy choices, meaning that the judge\u27s function had a legislative aspect, even though the judge lacked the legislator\u27s accountability to the people. In light of these ideas, the common law baselines of the market no longer deserved special reverence. At the institutional level, the New Deal embodied the triumph of an electoral coalition that demanded a systematic alteration of economic outcomes across society -something that only legislatures and administrative agencies could provide. In light of all these changes, courts needed to stand aside and allow legislaturesand agencies to take the lead in governing, at least in economic matters. The New Deal was the nation\u27s most decisive leap into the Age of Statutes, inseparable from the welfare state
Characterization and structure in the development of Tudor comedy
No full textThe role of characterization in dramatic structure is assessed by theoretical criteria.
Characters who perform actions necessary for the completion of the narrative sequence are
said to be "bound" to the narrative; those without such obligations are "free". Characters
who maintain a single, constant meaning during the course of a play are said to be "static";
characters who change or develop into new roles are "dynamic". Horatian decorum
demanded that comic characters be static, and the characters of Plautine and Terentian
tradition were almost always bound to narrative intrigue. However, evaluations of six
Tudor comedies show an increasing use of non-classical characterization within the comic
form.
In the early comedies lohan lohan and Roister Doister all characters are bound and
static, yet the impetus to enlarge the role of characterization is evident. The characters of
lohan lohan are expanded from their French source, and Roister Doister includes
extraneous episodes in which Udall displays his braggart hero. Free characters abound in
Misogonus; as well the play brings dynamic characterization into the scope of comedy with
the conversion of its prodigal son.
Free characters offer new possibilities of non-narrative plotting. In comedies of the
1580s favourite traditional characters appear as diversions outside the action, and thematic
arrangements of characters inform the increasingly complex plots. Lyly stresses the
symbolic potential of characters in Endimion, whereas Greene uses dynamic
characterization to heighten the illusion of independent figures in Friar Bacon and Friar
Bungay. Love's Labour's Lost exposes the limitations of comic artifice by pulling the
characters between convention and individualization.
By the end of the sixteenth century free and dynamic characters had become
common, and characterization had established a sizable claim on the design of English
comedy. These developments set the English form apart from its neoclassical counterparts
Correction to:PTH1 receptor agonists for fracture risk: a systematic review and network meta-analysis (Osteoporosis International, (2025), 10.1007/s00198-025-07440-1)
No full textThe original online version of this article was revised: In this article, the author Olivier Bruyère's name was missing; the order in which the authors appeared in the author list was incorrectly given as: Charlotte Beaudart 1,2 · Nicola Veronese 1,3 · Jonathan Douxfils 4,5,6 · Jotheeswaran Amuthavalli Thiyagarajan 7 · Francesco Bolzetta 8 · Paolo Albanese 8 · Gianpaolo Voltan 8 · Majed Alokail 9 · Nicholas C. Harvey 1,10 · Nicholas R. Fuggle 1,10 · René Rizzoli 1,11 · Jean‑Yves Reginster 1,9 where it should have been: Charlotte Beaudart 1,2, Nicola Veronese 1,3, Jonathan Douxfils 4,5,6, Jotheeswaran Amuthavalli Thiyagarajan 7, Francesco Bolzetta 8, Paolo Albanese 8, Gianpaolo Voltan 8, Majed Alokail 9, Nicholas C. Harvey 1,10, Nicholas R. Fuggle 1,10, Olivier Bruyère 1,11, René Rizzoli 1,12, Jean-Yves Reginster 1,9 In this article, the affiliation “Research Unit in Public Health, Epidemiology and Health Economics, University of Liege, Liege, Belgium” for Olivier Bruyère was missing. The original article has been corrected.</p
Absztrakt rendőrség: Jan Terpstra, Nicholas R. Fyfe és Renze Salet: The Abstract Police: A conceptual exploration of unintended changes of police organisations című tanulmányának ismertetése = Abstract Police : Review of the study of Jan Terpstra, Nicholas R. Fyfe and Renze Salet: The Abstract Police: A conceptual exploration of unintended changes of police organisations
No full textA globális biztonsági kockázatok kezelése, valamint a 21. század információtechnológiai fejlődése jelentős változásokat eredményezett a rendőrség és a társadalom kapcsolatában. E változások vizsgálata alapvető jelentőségű
a rendészet jövőbeni szerepének meghatározásához. A szerző e megfontolásból vállalkozik Jan Terpstra, Nicholas R. Fyfe és Renze Salet „The Abstract Police: A conceptual exploration of unintended changes of police organisations” címmel 2019 decemberében, a Sage Journal online kiadásában publikált tanulmányának ismertetésére. = Managing global security risks and the development of information technology in the 21st century have led to significant changes in the relationship between the police and the society. Examining these changes is essential to determine the future role of law enforcement. With this in mind, the author undertakes to present a study by Jan Terpstra, Nicholas R. Fyfe, and Renze
Salet, entitled “The Abstract Police: A Conceptual Exploration of Unintended Changes in Police Organizations,” published in the online edition of the Sage Journal in December 2019
Emperor and author : the writings of Julian the Apostate /
No full textIncludes bibliographical references and index.Introduction Nicholas Baker-Brian and Shaun Tougher -- Julian the writer and his audience / Susanna Elm -- Reading between the lines : ; Julian's First Panegyric on Constantius II / Shaun Tougher -- 'But I digress...' : ; rhetoric and propaganda in Julian's second oration to Constantius / Hal Drake -- Is there an empress in the text? ; Julian's Speech of thanks to Eusebia / Liz James -- Julian's Consolation to himself on the departure of the excellent Salutius : ; rhetoric and philosophy in the fourth centurry / Josef Lössl -- The tyrant's mask? ; Images of good and bad rule in Julian's Letter to the Athenians / Mark Humphries -- Julian's Letter to Themistius -- and Themistius' response? / John W. Watt -- The emperor's shadow : ; Julian in his correspondence / Michael Trapp -- Julian the lawgiver / Jill Harries -- Words and deeds : ; Julian in the epigraphic record / Benet Salway -- Julian and his coinage : ; a very Constantinian prince / Fernando López Sánchez -- Roman authority, imperial authoriality, and Julian's artistic program / Eric R. Varner -- Julian's Hymn to the mother of the gods : ; the revival and justification of traditional religion / J.H.W.G. Liebeschuetz -- Julian's Hymn to King Helios : ; the economical use of complex Neoplatonic concepts / Andrew Smtih -- The forging of an Hellenic orthodoxy : ; Julian's speeches against the cynics / Arnaldo Marcone -- The Christian context of Julian's Against the Galileans / David Hunt -- The politics of virtue in Julian's Misopogon / Nicholas Baker-Brian -- The Caesars of Julian the Apostate in translation and reception, 1580-ca -- 1800 / Rowland SmithAfterword: studying Julian the author / Jacqueline Long
NONDELEGATION, ORIGINAL MEANING, AND EARLY FEDERAL TAXATION: A DIALOGUE WITH MY CRITICS
No full textProponents of toughening the nondelegation doctrine invoke original meaning. Confronted with the many congressional statutes that broadly delegated power in the 1790s, they claim that each of those acts falls into some exceptional category to which the nondelegation doctrine was supposedly inapplicable or weakly applicable, especially non-coercive matters or non-domestic matters. In a recent study in the Yale Law Journal, I brought to light major legislation of 1798 that delegated broadly, yet was coercive and domestic: the “direct tax” on all real estate nationwide, which empowered federal boards to revise the taxable values of land parcels on a mass regional basis “as shall appear to be just and equitable”—a delegation that elicited no constitutional objections. Several scholars have published rebuttals to my study, defending the idea of a tough originalist nondelegation doctrine in the face of my findings. This Article, written for Drake University Law School’s Constitutional Law Symposium, responds to those rebuttals. First, Philip Hamburger and Aaron Gordon each argue that the nondelegation doctrine categorically prohibits administrative rulemaking, but with certain categorical exceptions, including one for fact-finding, into which they say the boards’ “just and equitable” mass revisions of 1798 fall. I respond that a fact-finding exception expansive enough to cover the boards’ indeterminate, contestable, and sweeping exercises of power will be unbounded and not distinguishable in a principled or predictable way from administrative rulemakings in general today. This means Hamburger’s and Gordon’s versions of the doctrine do not have the categorical objectivity they claim to deliver. Second, Ilan Wurman argues for a noncategorical, open-ended version of the nondelegation doctrine that allows Congress to delegate “details” but not “important subjects.” The mass-revision power of 1798, contends Wurman, was a detail. I respond that (a) the power was broader and more consequential than Wurman maintains, and (b) a theory of the nondelegation doctrine premised on the distinction between “important subjects” and “details” is so malleable as to be non-falsifiable as a historical matter, which means that any judge who invokes the theory to toughen the doctrine today is not following history’s lead but instead is engaging in a creative and political act of constitutional construction. Third, Ann Woolhandler argues for a categorical version of the nondelegation doctrine with an exception for all “public rights,” a category that includes taxation, suggesting Congress could delegate freely regarding taxation but not, say, interstate commerce. I respond that incorporating an exception for public rights (including taxation) into the nondelegation doctrine is not supported by either the discourse or the pattern of legislation in the founding era, nor by the mainstream of case law that first elaborated the doctrine in the mid-nineteenth century
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