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Engage Volume 15, Issue 2

December 19, 2014
Engage: The Journal of the Federalist Society Practice Groups provides original scholarship on current, important legal and policy issues. It is a collaborative effort, involving the hard work and voluntary dedication of each of the organization’s fifteen Practice Groups. Through its publication, these Groups aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—to spark a higher level of debate and discussion than we often see in today’s legal community...[Read Now!]

Federalist Paper Magazine Fall 2014

December 19, 2014

We are pleased to bring you the fall issue of  The Federalist Paper. Inside, as always, we review the many programs and publications the Federalist Society has sponsored through its various divisions and special projects over the past months...[Read Now!]

Overcriminalization: Administrative Regulation, Prosecutorial Discretion, and the Rule of Law

Engage Volume 15, Issue 2
Ronald A. Cass December 16, 2014

Recently, both practical and doctrinal changes have significantly reduced the degree to which criminal punishment fits rule-of-law ideals.  Although far from the only cause, the expansion of criminal sanctions as a by-product of an extraordinary explosion in administrative rulemaking that is backed by criminal liability has helped propel this change.  While there are reasons to support criminal enforcement of administrative decision-making, the ways in which administrative rules are adopted, applied, and enforced and the scale of governmental law-making (including administrative rule-making) that has provided the grounds for potential criminal penalties have produced a massive increase in government power that risks serious erosion of individual liberty. This change cries out for immediate attention—and for changes to the law....[Read More!]