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Full-Text Articles in Law
Ocr's Bind: Administrative Rulemaking And Campus Sexual Assault Protections, Sheridan Caldwell
Ocr's Bind: Administrative Rulemaking And Campus Sexual Assault Protections, Sheridan Caldwell
Northwestern University Law Review
During President Barack Obama’s Administration, significant light was shed on the depth of the United States’ campus sexual assault problem. As a result, the Department of Education’s Office for Civil Rights increased enforcement of Title IX provisions by way of its 2011 “Dear Colleague Letter.” This Note argues that the Dear Colleague Letter was improperly enforced as if it were a formal legislative rule and was therefore illegitimate. Nevertheless, this Note contends that the preponderance of the evidence standard initially enshrined within the Dear Colleague Letter should be adopted through the notice-and-comment procedures President Donald Trump’s Administration promises in order …
A "Delicate Balance": How Agency Nonacquiescence And The Epa's Water Transfer Rule Dilute The Clean Water Act After Catskill Mountains Chapter Of Trout Unlimited, Inc. V. City Of New York, Kevin J. Haskins
Maine Law Review
Congress enacted the Clean Water Act (CWA) in 1972 with the express objective of restoring and maintaining the health of the nation’s waters. To achieve this objective, Congress declared that discharges of pollutants into the nation’s waters are prohibited unless they comply with permit requirements. The CWA’s primary vehicle for regulating discharge permits is the National Pollutant Discharge Elimination System, or NPDES. The CWA defines the phrase “discharge of a pollutant” as the “addition of any pollutant to navigable waters from any point source.” Although the CWA further defines the terms “pollutant,” “navigable waters,” and “point source,” it fails to …
Ideological Plaintiffs, Administrative Lawmaking, Standing, And The Petition Clause, Karl S. Coplan
Ideological Plaintiffs, Administrative Lawmaking, Standing, And The Petition Clause, Karl S. Coplan
Maine Law Review
Although Article I of the Constitution vests legislative power in the Congress, the lawmaking process in this country has evolved to involve all three branches. Congress enacts regulatory programs, but delegates to the executive branch the task of formulating and legislating the details of implementation through regulations. Once the executive branch agencies have acted, Article III courts routinely step in to review the consistency of these regulations with congressional mandates. In many cases, especially in the case of controversial regulations, the lawmaking process is not complete until judicial review. Entities burdened by such regulations-so-called "regulatory objects"-enjoy presumed standing to challenge …
The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan
The Intelligible Principle: How It Briefly Lived, Why It Died, And Why It Desperately Needs Revival In Today's Administrative State, Meaghan Dunigan
St. John's Law Review
(Excerpt)
This Note addresses the flaws in the current intelligible principle standard and proposes a new three-part standard that would better revitalize the intelligible principle as it was first articulated almost a century ago. This Note concedes that while legislative delegation in any form is a violation of the original meaning of the nondelegation doctrine, our society and the growth of administrative agencies removed any chance of having our laws created solely by Congress. What can happen, and what this Note proposes, is for the Supreme Court to adopt a new intelligible principle standard that scales back the amount of …
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Pepperdine University School Of Law: Legal Summaries, Jane Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Administrative Adjudication In The United States, James G. Gilbert, Robert S. Cohen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
State Administrative Decisions Census: Demonstrating The Need For More Openness, Pierre-Paul Lemyre
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Pepperdine University School Of Law Legal Summaries, Jee (Jane) Seo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian
The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian
Journal of the National Association of Administrative Law Judiciary
While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …
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 …
An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey
An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey
Washington and Lee Journal of Civil Rights and Social Justice
At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.
In 2011, the United States District Court for the Northern District of California considered a …
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood
Barry Law Review
No abstract provided.