The Yale Law Journal, Volume 81, Part 2Yale Law Journal Company, 1972 - Electronic journals |
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Page 879
... decision is final , in the sense that no higher authority may review and set aside that decision , as when the decision whether a player is offside is left to the discretion of the linesman . Third , we say that a man has discretion ...
... decision is final , in the sense that no higher authority may review and set aside that decision , as when the decision whether a player is offside is left to the discretion of the linesman . Third , we say that a man has discretion ...
Page 919
... decision on the same grounds . Decisions on the ap- plication of a legal rule , like decisions on its applicability , may be tough or easy . A hard case , where estimation of the relative plusses and minuses is difficult or where the ...
... decision on the same grounds . Decisions on the ap- plication of a legal rule , like decisions on its applicability , may be tough or easy . A hard case , where estimation of the relative plusses and minuses is difficult or where the ...
Page 1607
... decisions on irrelevant factors or values . Second , a court will review to see that no single factor or value had been given too much or too little weight in the decision.75 Thus , under the APA courts may review " substantively " 73 I ...
... decisions on irrelevant factors or values . Second , a court will review to see that no single factor or value had been given too much or too little weight in the decision.75 Thus , under the APA courts may review " substantively " 73 I ...
Contents
Legal Philosophy | 799 |
Legal Principles and the Limits of | 821 |
Social Rules and Legal Theory | 855 |
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action administrative admiralty agreement air transportation airlines Amendment American analysis ancillary jurisdiction applied argued argument Article bargaining cent certificates cigarette civil claims Code Congress constitutional contract corroboration cost-benefit analysis costs decision defendant discretion doctrine duty Dworkin economic educational effect employer enforcement environmental equal example fact fares federal Fourteenth Amendment H.L.A. Hart Hart IATA impact statement income individual Industrial infra interest investment issue judges judicial jurisdiction jury justice lawyers Learned Hand legal rules legislation limited LL.B mens rea ment moral negligence NEPA nicotine tax Norris-LaGuardia Act offense parties permafrost piggyback pipeline practice pretrial discovery principles problem procedure Professor of Law prohibition proposed prosecution question rape Rawls reason Section securities social rule standards Stat statute strict liability Supp supra note Supreme Court theory Theory of Justice tion trade union trial United YALE L.J.