Categorical

• Categorical Analysis in Antitrust Jurisprudence

Legal doctrines vary in the extent to which they apply either detailed, categorical rules or broad, open-ended standards that allow for case-specific adjudication. Antitrust law is generally thought of as inhabiting the standards end of this spectrum. In fact, however, despite the generality of the enabling statutes antitrust law is rife with categorical distinctions. In this Article, we explore not only the well-known distinction between conduct that is per se illegal and conduct judged under the rule of reason, but also a number of categorical distinctions the courts draw, either to help delineate the scope of the per se rule or to create distinctions within the scope of the rule of reason itself. By and large these rules don't come from the antitrust statutes. They are created by co...

• Iowa Law Review
• Nbr. 93-4, May 2008

• 24 CFR 58.35 - Categorical exclusions.

• Code of Federal Regulations - Title 24: Housing and Urban Development

• 7 CFR 650.6 - Categorical exclusions.

• Code of Federal Regulations - Title 7: Agriculture

• Executing those who do not kill: a categorical approach to proportional sentencing.

ABSTRACT For over a century, the Supreme Court has crafted a specific analysis for determining whether a particular sentence is proportionate to the...

• American Criminal Law Review
• Vol. 48 Nbr. 3, June 2011

• 23 CFR 771.117 - Categorical exclusions.

• Code of Federal Regulations - Title 23: Highways

• 36 CFR 220.6 - Categorical exclusions.

• Code of Federal Regulations - Title 36: Parks, Forests, and Public Property

• 40 CFR 403.6 - National pretreatment standards: Categorical standards.

• Code of Federal Regulations - Title 40: Protection of Environment

• 7 CFR 1940.317 - Methods for ensuring proper implementation of categorical exclusions.

• Code of Federal Regulations - Title 7: Agriculture

• 10 CFR 51.22 - Criterion for categorical exclusion; identification of licensing and regulatory actions eligible for categorical exclusion or otherwise not requiring environmental review.

• Code of Federal Regulations - Title 10: Energy

• 39 CFR 775.6 - Categorical exclusions.

• Code of Federal Regulations - Title 39: Postal Service