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Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
The Consequences Of Doj Control Of Litigation Authority On Agency Programs, Michael Herz, Neal Devins
Neal E. Devins
No abstract provided.
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
The Constitution Of Agency Statutory Interpretation, Evan J. Criddle
Evan J. Criddle
No abstract provided.
Rethinking Patent Law In The Administrative State, Orin S. Kerr
Rethinking Patent Law In The Administrative State, Orin S. Kerr
Orin Kerr
This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
Antiquated Relics Or Misunderstood Mess, Why South Carolina Liquor Laws Are Ripe For Restructuring, Annie Day Bame
South Carolina Law Review
No abstract provided.
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
Don't Feel Like Going To The Store, I'Ll Drink To That, How To Govern The Direct Shipment Of Alcohol In South Carolina, Frederick N. Hanna
South Carolina Law Review
No abstract provided.
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
Does Sex Discrimination Include Gender Identity, Courts In The Fourth Circuit Weigh In On The Question, Rena M. Lindevaldsen
South Carolina Law Review
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Russell L. Weaver
No abstract provided.
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Unitary Theory, Consolidation Of Presidential Authority, And The Breakdown Of Constitutional Principles In Immigration Law, Grant Wilson
Immigration and Human Rights Law Review
This paper will argue that beginning with President Reagan the adoption of unitary theory as a central tenet in presidential administrations created a now ongoing consolidation of executive regulatory authority. This consolidation of power has considerably accelerated over the course of the last four decades. As Courts continue to defer to the executive in decisions made within the broad grants of power delegated by Congress, the relevance of the legislative body dwindles. The checks on executive assumption of power have largely been removed. The wall between the executive and the administrative have crumbled, and what were once considered unofficially separate …
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Pereira V. Sessions And The Future Of Deportation Proceedings, Louisa Edzie
Immigration and Human Rights Law Review
Article 1 section 8 of the United States Constitution give the U.S. government enumerated powers to establish a uniform rule on Naturalization. To carry out these duties, 8 U.S. Code § 1227 gives the government the power to initiate removal proceedings against non citizens who are undocumented or may have lost their status in the U.S. However, before removal proceedings commence, the government per 8 U.S. Code § 1229 has to send a Notice to Appear (NTA) to the non-citizen. An NTA is a written notice given to the non-citizen about the nature of proceedings against the non-citizen, the legal …
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
The Trump Administration's Impact On F-1 And J-1 Visas, Laura Caty
Immigration and Human Rights Law Review
President Donald Trump is known throughout the world for continuously promoting “the wall” between Mexico and the United States. Since his inauguration in 2016, President Trump has pushed the legislature to fund construction of a physical barrier on the southern border of the United States. Not only is the wall an actual construct, but the wall also represents his entire approach to immigration law. Mexican residents are not the only ones suffering from the Trump administration's policies. While targeting Southern neighbors and undocumented or “illegal” immigrants, Trump has also created difficulties across the entire visa process for legal immigrants. Individuals …
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan
Seattle Journal of Environmental Law
Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Faculty Scholarship
We assume that the nineteenth century was an era of patronage, and the twentieth century marked the rise of professionalization. But the Office of the Attorney General reveals an opposite pattern — a troubling rise of cronyism in the DOJ from the early twentieth century.
This Article uses the rough categories of “professional,” “politico,” and “insider” or “crony,” based on each attorney general's background and how he or she rose to the office (rather than based upon their performance in the office.) Most AGs in the nineteenth century were "politicos" (major established political figures) or "professionals" (experienced lawyers relatively separate …
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Law Review
No abstract provided.
Project Based Learning For Administrative Law, Ann M. Johnson
Project Based Learning For Administrative Law, Ann M. Johnson
Q2S Enhancing Pedagogy
This problem includes a case study of an incident (or crisis) that occurred and a regulation that was created by an administrative agency as a response. Students identify an agency and regulation and analyze agency action based on legal and media research.
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Context-Specific Seminole Rock Reform, Aneil Kovvali
Context-Specific Seminole Rock Reform, Aneil Kovvali
Florida State University Law Review
Under Bowles v. Seminole Rock, courts will defer to an administrative agency's interpretation of rules that the agency produced. For decades, Seminole Rock deference was an uncontroversial part of the administrative law landscape. But recently, the doctrine has come under siege. Drawing on concerns about the flexible structure of the administrative state, critics of the doctrine have won an increasingly sympathetic ear in the Supreme Court and in Congress. This Essay suggests that any reform of Seminole Rock should be driven by three principles: Fidelity to congressional intent, avoidance of undesirable side effects, and careful targeting of a clear problem. …
Administrative Truth: Comments On Cortez’S Information Mischief, David Thaw
Administrative Truth: Comments On Cortez’S Information Mischief, David Thaw
Articles
This short essay responds to Professor Nathan Cortez’s argument describing an emerging “information policy” reflecting on the practices of President Donald J. Trump’s executive administration (the “Trump Administration”) regarding the development, release, and management of official information. Professor Cortez argues that viewed holistically, this information policy suggests a shift toward the use of information practices by administrative agencies for purposes other than “neutral principles” and rather focusing on a “more cynical [use] of government information.”
This argument may be well-founded, and the Trump Administration certainly has been criticized widely for the relationship between its public statements and widespread media interpretation …
Information Mischief Under The Trump Administration, Nathan Cortez
Information Mischief Under The Trump Administration, Nathan Cortez
Faculty Journal Articles and Book Chapters
The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.
Why Police Should Protect Complainant Autonomy, Randall K. Johnson
Why Police Should Protect Complainant Autonomy, Randall K. Johnson
Faculty Works
This Essay does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Essay identifies the causes of police complaint inefficiencies by critically-assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by better protecting complainant autonomy. Complainant autonomy, at least in this Essay, is defined as a real party in interest’s (i.e. an injured citizen’s) right to control how its allegations are framed by a nominal plaintiff (i.e. …
Administrative Law, Diana Ginn, Sheila Wildeman
Administrative Law, Diana Ginn, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Administrative law is concerned with the relationship between courts and those who make decisions in the course of exercising administrative powers. In particular, administrative law focuses on the way in which and the extent to which courts review or oversee administrative decision making. Administrative powers are largely created by statute. Such legislation is often referred to as the "enabling legislation”. An action taken under the Crown's prerogative powers is also considered to be administrative action; however, the focus of these materials is on action taken under enabling legislation.
Domesticating Guidance, Peter L. Strauss
Domesticating Guidance, Peter L. Strauss
Faculty Scholarship
This Essay, written for an occasion celebrating the scholarship of Professor William Funk of Lewis & Clark Law School, builds in good part on his analyses of soft law documents — statements of general policy and interpretive rules — that today one generally finds discussed under the rubric “guidance.” These are agency texts of less formality than hard law regulations adopted under the procedures of 5 U.S.C. § 553, that inform the public how an agency intends to administer its responsibilities, as a matter of policy or (what may seem just one instance of that) via the interpretation of its …
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Unjust Cities? Gentrification, Integration, And The Fair Housing Act, Olatunde C.A. Johnson
Faculty Scholarship
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both possibilities, this article considers how the Fair Housing Act might be deployed to minimize gentrification’s harms while harnessing some of the benefits that might attend integration and movement of higher-income residents to cities. Ultimately, the article urges building on the fair housing approach but employing a broader set of tools to advance …
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Reason-Giving, Rulemaking, And The Rule Of Law, Donald J. Kochan
Donald J. Kochan