Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (4)
- Texas A&M University School of Law (4)
- Maurer School of Law: Indiana University (2)
- Pepperdine University (2)
- University of Michigan Law School (2)
-
- University of Pennsylvania Carey Law School (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Duquesne University (1)
- Embry-Riddle Aeronautical University (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- Northern Illinois University (1)
- Notre Dame Law School (1)
- Penn State Dickinson Law (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- Seattle University School of Law (1)
- Singapore Management University (1)
- St. John's University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Missouri School of Law (1)
- University of Montana (1)
- University of Tennessee College of Law (1)
- Vanderbilt University Law School (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Faculty Scholarship (5)
- All Faculty Scholarship (3)
- Amicus Briefs (3)
- Articles (3)
- Faculty Publications (2)
-
- Journal Articles (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Scholarly Works (2)
- American Indian Law Journal (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- College of Law Faculty Publications (1)
- Faculty Scholarly Works (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Law Journal (1)
- International Journal of Aviation, Aeronautics, and Aerospace (1)
- Law Faculty Publications (1)
- Mitchell Hamline Law Review (1)
- Popular Media (1)
- Public Land & Resources Law Review (1)
- Research Collection Yong Pung How School Of Law (1)
- St. John's Law Review (1)
- Vanderbilt Law School Faculty Publications (1)
- Publication Type
Articles 31 - 37 of 37
Full-Text Articles in Law
An Analysis Of Federal Aviation Administration Enforcement Actions Against Suas Operators, Trevor Simoneau, Ryan J. Wallace, Tyler B. Spence, Jonathan Rupprecht
An Analysis Of Federal Aviation Administration Enforcement Actions Against Suas Operators, Trevor Simoneau, Ryan J. Wallace, Tyler B. Spence, Jonathan Rupprecht
International Journal of Aviation, Aeronautics, and Aerospace
The Federal Aviation Administration (FAA) has promulgated regulations to govern the commercial operation of small uncrewed aircraft systems (sUAS). Compliance with these regulations is essential for maintaining safety in the National Airspace System. And if sUAS operators fail to comply with applicable federal aviation regulations, the FAA has been granted the authority to enforce these regulations. This study explores how the FAA has been exercising its enforcement power in the context of sUAS operator regulatory noncompliance. Using data obtained from a Freedom of Information Act request, this study examines 62 FAA enforcement actions levied against sUAS operators from 2012 until …
Affirmatively Resisting, Ezra Rosser
Affirmatively Resisting, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.
Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …
Antipolitics And The Administrative State, Cary Coglianese, Daniel Walters
Antipolitics And The Administrative State, Cary Coglianese, Daniel Walters
All Faculty Scholarship
The modern administrative state plays a vital role in governing society and the economy, but the role that politics should play in administrators’ decisions remains contested. The various regulatory and social service agencies that make up the administrative state are staffed with experts who are commonly thought to be charged with making only technocratic judgments outside the pressures of ordinary politics. In this article, we consider what it might mean for the administrative state to be antipolitical. We identify two conceptions of an antipolitical administrative state. The first of these—antipolitics as antidiscretion—holds that, in a democracy, value judgments should only …
Power Corrupts, Emily Bremer
Power Corrupts, Emily Bremer
Journal Articles
Administrative law today neglects administration, focusing instead on power and the institutions that wield it, particularly the Supreme Court, the president, and Congress. Tracing the field’s reorientation—from the New Deal–era cases that revealed the thin political will behind the Administrative Procedure Act to the emergence of the Chevron doctrine—this paper argues that administrative law’s obsession with power corrupts the field.
Antipolitics And The Administrative State, Cary Coglianese, Daniel E. Walters
Antipolitics And The Administrative State, Cary Coglianese, Daniel E. Walters
Faculty Scholarship
The modern administrative state plays a vital role in governing society and the economy, but the role that politics should play in administrators’ decisions remains contested. The various regulatory and social service agencies that make up the administrative state are staffed with experts who are commonly thought to be charged with making only technocratic judgments outside the pressures of ordinary politics. In this article, we consider what it might mean for the administrative state to be antipolitical. We identify two conceptions of an antipolitical administrative state. The first of these—antipolitics as antidiscretion—holds that, in a democracy, value judgments should only …
Congress's Anti-Removal Power, Christopher J. Walker, Aaron Nielson
Congress's Anti-Removal Power, Christopher J. Walker, Aaron Nielson
Articles
Statutory restrictions on presidential removal of agency leadership enable agencies to act independently from the White House. Yet since 2020, the U.S. Supreme Court has held two times that such restrictions are unconstitutional precisely because they prevent the President from controlling policymaking within the executive branch. Recognizing that a supermajority of the Justices now appears to reject or at least limit the principle from Humphrey’s Executor that Congress may prevent the President from removing agency officials based on policy disagreement, scholars increasingly predict that the Court will soon further weaken agency independence if not jettison it altogether.
This Article challenges …
Executive Branch Control Of Federal Grants: Policy, Pork, And Punishment, Eloise Pasachoff
Executive Branch Control Of Federal Grants: Policy, Pork, And Punishment, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
High-profile controversies in each of the last several administrations have involved the extent of Executive Branch control over federal grants. These challenges were particularly pronounced during the Trump Administration, when it seemed that each month brought a new grant-related controversy, from the opening week’s attempts to withhold funding from sanctuary cities to the last months’ effort to deny funding to “anarchist” jurisdictions. The aftermath of the Trump Administration thus provides an important opportunity to assess the bounds of Executive Branch control over federal grants writ large. In doing so, this Article makes three contributions. First, as a descriptive matter, it …