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Minimally Democratic Administrative Law, Jud Mathews
Minimally Democratic Administrative Law, Jud Mathews
Journal Articles
A persistent challenge for the American administrative state is reconciling the vast powers of unelected agencies with our commitment to government by the people. Many features of contemporary administrative law — from the right to participate in agency processes, to the reason-giving requirements on agencies, to the presidential review of rulemaking — have been justified, at least in part, as means to square the realities of agency power with our democratic commitments. At the root of any such effort there lies a theory of democracy, whether fully articulated or only implicit: some conception of what democracy is about, and what …
Chevron And Deference In State Administrative Law , Aaron J. Saiger
Chevron And Deference In State Administrative Law , Aaron J. Saiger
Fordham Law Review
No abstract provided.
Sacred Disputes? On The Ministerial Exception And The Constitution, Mark Strasser
Sacred Disputes? On The Ministerial Exception And The Constitution, Mark Strasser
Mark Strasser
Federal courts have long been hearing church disputes, for example, concerning conflicting claims regarding the rightful possession and use of church property. However, there is no clear understanding concerning the contours of the constitutional limitations on the courts when one of the parties in interest is a religious organization. The conflicting jurisprudence may be clarified in the 2011-2012 term when the Court hears and decides Hosanna–Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, although there is reason to be pessimistic that this will happen. This article lays out the relevant jurisprudence as presented by the United States …