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Articles 1 - 19 of 19
Full-Text Articles in Administrative Law
Implied Consent In Administrative Adjudication, Grace Moore
Implied Consent In Administrative Adjudication, Grace Moore
Washington and Lee Law Review Online
Article III of the Constitution mandates that judges exercising the federal judicial power receive life tenure and that their pay not be diminished. Nonetheless, certain forms of adjudication have always taken place outside of Article III—in state courts, military tribunals, territorial courts, and administrative tribunals. Administrative law judges, employed by various federal administrative agencies, decide thousands of cases each year. A vast majority of the cases they decide deal with public rights, which generally include claims involving federal statutory rights or cases in which the federal government is a party. With litigant consent, however, the Supreme Court has upheld administrative …
Constitutional Resilience, Shannon M. Roesler
Constitutional Resilience, Shannon M. Roesler
Washington and Lee Law Review
Since the New Deal era, our system of constitutional governance has relied on expansive federal authority to regulate economic and social problems of national scale. Throughout the twentieth century, Congress passed ambitious federal statutes designed to address these problems. In doing so, it often enlisted states as regulatory partners—creating a system of shared governance that underpins major environmental statutes, such as the Clean Water Act and the Clean Air Act. These governance structures remain important today as we seek to adapt our laws and institutions to the serious disruptions of climate change. But recent Supreme Court decisions challenge this long-established …
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
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 …
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster
Washington and Lee Law Review
Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Facing A Hobson's Choice? The Constitutionality Of The Epa's Administrative Compliance Order Enforcement Scheme Under The Clean Air Act, Christopher M. Wynn
Washington and Lee Law Review
No abstract provided.
Civil Money Sanctions Barred By Double Jeopardy: Should The Supreme Court Reject Healy?, Debra Marie Ingraham
Civil Money Sanctions Barred By Double Jeopardy: Should The Supreme Court Reject Healy?, Debra Marie Ingraham
Washington and Lee Law Review
No abstract provided.
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
The "God Squad" Proves Mortal: Ex Parte Contacts And The White House After Portland Audubon Society, Michael A. Bosh
Washington and Lee Law Review
No abstract provided.
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
New Mexico V. Mescalero Apache Tribe, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
North Haven Board Of Education V. Bell, Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
Moore V. City Of East Cleveland, Lewis F. Powell Jr.
Moore V. City Of East Cleveland, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Energy Administration V. Algonquin Sng, Inc., Lewis F. Powell, Jr.
Federal Energy Administration V. Algonquin Sng, Inc., Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Kleppe V, New Mexico, Lewis F. Powell Jr.
Kleppe V, New Mexico, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
National Cable Television V. United States, Lewis F. Powell Jr.
National Cable Television V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
United States Department Of Agriculture V. Murry, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Atchison, Topeka & Sante Fe Railroad Co. V. Wichita Board Of Trade, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr.
United States. V. Allegheny-Ludlum Steel Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Midwest Video Corp., Lewis F. Powell Jr.
United States V. Midwest Video Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Administrative Due Process In Military Proceedings, Robert D. Powers, Jr.
Administrative Due Process In Military Proceedings, Robert D. Powers, Jr.
Washington and Lee Law Review
No abstract provided.
Separation Of Powers, Fred L. Fox