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Article: Our Schmittian administrative law.
- Article from:
- Harvard Law Review
- Article date:
- February 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 Harvard Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
I. CARL SCHMITT VERSUS THE RULE OF LAW1098
A. Schmitt's Account of Emergencies1098
B. The Rule of (Administrative) Law1101
C. Two Claims 1103
1. Schmittian Administrative Law1103
2. Schmittianism As a Matter of Degree 1105
3. Emergencies and Exemptions 1105
4. Standards Versus Grey Holes 1106
II. THE BLACK AND GREY HOLES OF ADMINISTRATIVE LAW ...
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