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Trump, Lawyer Regulation, And The Institutional Double Bind, Benjamin H. Barton

Scholarly Works

Scandals, news stories, and court setbacks that would have devastated other, more traditional Presidents have seemingly only made Donald Trump’s bond with his supporters stronger. This creates a challenge when institutions try to punish anyone in Trump’s orbit. Taking action against Trump only encourages his supporters, while inaction may lessen the left’s faith in institutions and leave opponents of President Trump wondering why nothing is being done to curtail what they see as flagrant criminal contempt. This is a problem the author calls the “institutional double bind.” This Essay discusses whether there is any solution for these institutions stuck in …

Short-Circuiting The New Major Questions Doctrine, Kent H. Barnett, Christopher J. Walker

Scholarly Works

In Minor Courts, Major Questions, Michael Coenen and Seth Davis advance perhaps the most provocative proposal to date to address the new major questions doctrine articulated in King v. Burwell. They argue that the Supreme Court alone should identify “major questions” that deprive agencies of interpretive primacy, prohibiting the doctrine’s use in the lower courts. Although we agree that the Court provided little guidance about the doctrine’s scope in King v. Burwell, we are unpersuaded that the solution to this lack of guidance is to limit its doctrinal development to one court that hears fewer than eighty cases per year. …

Road Rage And R.S. 2477: Judicial And Administrative Responsibility For Resolving Road Claims On Public Land, Bret C. Birdsong

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The past decade has seen the D-4 Caterpillar bulldozer become a significant tool for those seeking to challenge federal land management agencies' authority to protect resources federal lands by reducing access. The power of the bulldozer is both symbolic and pragmatic. It cuts an iconographic image of local officials standing up against federal control over vast areas of land in the rural west. But it also, in many cases, provokes litigation, allowing claims to property rights to receive judicial attention that might otherwise evade them.

Underlying each of these protagonist's legal positions, if not their motivations, is a right-of-way grant …

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Scholarly Works

No abstract provided.

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

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No abstract provided.

1998 Survey Of Ethics In Land-Use Planning, Patricia E. Salkin

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No abstract provided.

The Politics Of Land Use Reform In New York: Challenges And Opportunities, Patricia E. Salkin

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No abstract provided.

Mandatory Pre-Dispute Arbitration: Steps Need To Be Taken To Prevent Unfairness To Employees And Consumers, Jean R. Sternlight

Scholarly Works

Courts, arbitral organizations and governmental agencies are increasingly recognizing that mandatory binding arbitration can be used both to disadvantage employees and consumers, and to evade legal requirements. Over the last decade, private parties such as employers, manufacturers and financial organizations began using binding arbitration agreements to skirt the public law, and public juries, with increasing intensity. As so often happens, overreaching may once again be giving way to retrenchment, as the tide seems to be turning away from the “anything goes” approach of the earlier 1990s.

The Uses And Abuses Of Informal Procedures In Federal Civil Rights Enforcement, Marjorie A. Silver

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No abstract provided.

Regulating The Regulators In New York State: Part I, Harold I. Abramson

Scholarly Works

No abstract provided.