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Full-Text Articles in Law
Interlocal Power Roulette, Daniel B. Rosenbaum
Interlocal Power Roulette, Daniel B. Rosenbaum
Indiana Law Journal
Local governments inhabit a crowded ecosystem. Cities, counties, and school districts—and many more—share overlapping territorial jurisdictions. Overlapping jurisdiction goes hand-in-hand with redundant local power, defined as a scenario where multiple governments hold independent authority to take the exact same action in the exact same territorial space. In Maine, for example, state law empowers three local bodies to operate the same sewer infrastructure. In Detroit, two separate entities are equally tasked with managing the city’s streetlights. And in communities across the country, local governments are broadly authorized to own the same parcels of public land, including in Oakland, California, where public …
Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda
Banned Books & Banned Identities: Maintaining Secularism And The Ability To Read In Public Education For The Well-Being Of America's Youth, Megan M. Tylenda
Indiana Journal of Law and Social Equality
Books containing LGBTQ+ themes and characters are being removed from public school libraries at a rapid rate across the United States. While a book challenge has made it to the Supreme Court once before, the resulting singular plurality opinion left courts without a clear test to apply, ultimately leaving students’ First Amendment rights in the air. Additionally, the increasingly relaxed view of courts towards religious influence in public schools indicates that if a modern case were to reach the Supreme Court, religious challenges may be accepted, which would leave LGBTQ+ students who seek to see themselves represented in literature without …
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Indiana Law Journal
No abstract provided.
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Dictation And Delegation In Securities Regulation, Usha Rodrigues
Indiana Law Journal
When Congress undertakes major financial reform, either it dictates the precise con-tours of the law itself or it delegates the bulk of the rule making to an administrative agency. This choice has critical consequences. Making the law self-executing in federal legislation is swift, not subject to administrative tinkering, and less vulnerable than rule making to judicial second-guessing. Agency action is, in contrast, deliberate, subject to ongoing bureaucratic fiddling, and more vulnerable than statutes to judicial challenge.
This Article offers the first empirical analysis of the extent of congressional delegation in securities law from 1970 to the present day, examining nine …
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Globalization, Democracy, And The Need For A New Administrative Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium
The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman
The Limits Of Globalization And The Future Of Administrative Law: From Government To Governance, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Speculative Evidence And The Administrative Process
Speculative Evidence And The Administrative Process
Indiana Law Journal
No abstract provided.
Effect Of The Taft-Hartley And Administrative Procedure Acts On Scope Of Review Of Administrative Findings
Indiana Law Journal
No abstract provided.
Proposed Legislation As To Federal Administrative Procedure, Roscoe Pound
Proposed Legislation As To Federal Administrative Procedure, Roscoe Pound
Indiana Law Journal
No abstract provided.
The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.
The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.
Indiana Law Journal
Symposium: The Administration of Rent Rationing and Price Control Legislation
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
The Nature Of Administrative Agencies And Practice Before Them, George M. Morris
Indiana Law Journal
No abstract provided.