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Full-Text Articles in Law

Judicial Fidelity, Caprice L. Roberts Jan 2024

Judicial Fidelity, Caprice L. Roberts

Pepperdine Law Review

Judicial critics abound. Some say the rule of law is dead across all three branches of government. Four are dead if you count the media as the fourth estate. All are in trouble, even if one approves of each branch’s headlines, but none of them are dead. Not yet. Pundits and scholars see the latest term of the Supreme Court as clear evidence of partisan politics and unbridled power. They decry an upheaval of laws and norms demonstrating the dire situation across the federal judiciary. Democracy is not dead even when the Court issues opinions that overturn precedent, upends long-standing …


Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez Jul 2023

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …


The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul Jul 2023

The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul

Journal of the National Association of Administrative Law Judiciary

The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …


Table Of Contents Jan 2022

Table Of Contents

Seattle University Law Review

Table of Contents


The Lost History Of Delegation At The Founding, Christine Chabot Dec 2021

The Lost History Of Delegation At The Founding, Christine Chabot

Georgia Law Review

The new Supreme Court is poised to bring the administrative state to a grinding halt. Five Justices have endorsed Justice Gorsuch’s dissent in Gundy v. United States—an opinion that threatens to invalidate countless regulatory statutes in which Congress has delegated significant policymaking authority to the Executive Branch. Justice Gorsuch claimed that the “text and history” of the Constitution required the Court to replace a longstanding constitutional doctrine that permits broad delegations with a more restrictive one. But the supposedly originalist arguments advanced by Justice Gorsuch and like-minded scholars run counter to the understandings of delegation that prevailed in the Founding …


The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray Jun 2021

The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray

William & Mary Bill of Rights Journal

In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …


Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown Jun 2021

Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown

William & Mary Bill of Rights Journal

Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …


Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon Apr 2021

Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon

Belmont Law Review

No abstract provided.


The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers Jan 2019

The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers

Barry Law Review

No abstract provided.


Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger Sep 2018

Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger

Journal of the National Association of Administrative Law Judiciary

This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …


The Administrative Constitution In Exile, Mila Sohoni Feb 2016

The Administrative Constitution In Exile, Mila Sohoni

William & Mary Law Review

For decades, the aspiration of administrative law has been to develop legal structures that would constrain and legitimate the exercise of agency power. The fruition of that hope was the complex internal blueprint that has made modern administrative governance both successful and legitimate the framework for executive action that many have hailed as the administrative constitution. Today, however, novel exercises of administrative power are crowding out old and familiar varieties, making the conventional forms of administrative action less and less relevant to the conduct of government.

This Article examines how the administrative constitution has changed over time and how that …


The Dangerous Right To Food Choice, Samuel R. Wiseman Jul 2015

The Dangerous Right To Food Choice, Samuel R. Wiseman

Seattle University Law Review

Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …


Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong Sep 2014

Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong

Washington and Lee Journal of Energy, Climate, and the Environment

Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …


On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt Dec 2013

On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt

William & Mary Bill of Rights Journal

No abstract provided.


Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii Jan 1979

Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii

Villanova Law Review

No abstract provided.


Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen Jan 1978

Administrative Law - Adminsitrative Procedure Act - Standing To Challenge Agency Action Requires A Showing That The Plaintiff Has Suffered Injury In Fact To A Protected Interest From The Face Of The Patricular Statutory Provision Allegedly Violated, Or When Protective Intent Is Clear From Its Legislative History, Kenneth A. Jacobsen

Villanova Law Review

No abstract provided.


The Corporate Patent - Reform Or Retrogression, Mary Helen Sears Jan 1976

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1976

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr. Jan 1976

Due Process In The Prison: A Third Form, Edmund B. Spaeth Jr.

Villanova Law Review

No abstract provided.


Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg Jan 1974

Constitutional Law - Standing - The Zone Of Interest Test Of Data Processing Held Inapplicable To Plaintiff's Standing In A Suit Between Private Parties, Michael S. Burg

Villanova Law Review

No abstract provided.


Constitutional Law, Various Editors Jan 1974

Constitutional Law, Various Editors

Villanova Law Review

No abstract provided.


An Overview Of Administrative Due Process: Part Ii, O. John Rogge Jan 1973

An Overview Of Administrative Due Process: Part Ii, O. John Rogge

Villanova Law Review

No abstract provided.


Federal Statutes And Government Regulation, Various Editors Jan 1973

Federal Statutes And Government Regulation, Various Editors

Villanova Law Review

No abstract provided.


An Overview Of Administrative Due Process: Part I, O. John Rogge Jan 1973

An Overview Of Administrative Due Process: Part I, O. John Rogge

Villanova Law Review

No abstract provided.


Executive Orders And The Development Of Presidential Power, William Hebe Jan 1972

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review

No abstract provided.


Williams V. Florida: End Of A Theory - Part I, O. John Roger Jan 1971

Williams V. Florida: End Of A Theory - Part I, O. John Roger

Villanova Law Review

No abstract provided.


Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge Jan 1971

Williams V. Florida: End Of A Theory - Part Ii, O. John Rogge

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1969

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Recent Developments, Various Editors Jan 1968

Recent Developments, Various Editors

Villanova Law Review

No abstract provided.


Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller Jan 1968

Toward The Techno-Corporate State - An Essay In American Constitutionalsim, Arthur Selwyn Miller

Villanova Law Review

No abstract provided.