Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law (7)
- Constitutional Law (5)
- Due Process of Law (3)
- Executive Power (3)
- Advertising (2)
-
- Donald Trump (2)
- Freedom of Speech (2)
- Government Agencies (2)
- Government agencies (2)
- Public administration (2)
- Separation of Powers (2)
- 2018) (1)
- Administrative Discretion (1)
- Administrative Discretion (Law) (1)
- Administrative Law Judges (1)
- Administrative Procedure (1)
- Administrative law (1)
- Bowsher V. Synar (106 S. Ct. 3181 (1986)) (1)
- Coal Fired Power Plants (1)
- Coal Mining (1)
- Delegation of Powers (1)
- Delegation of powers (1)
- Deportation (1)
- Environmentalism (1)
- Executive Orders (1)
- Federal Communications Commission (1)
- Federalism (1)
- Flora v. United States (362 U.S. 145 (1960)) (1)
- Free Enterprise Fund v. Public Company Accounting Oversight Board (130 S. Ct. 3138 (2010)) (1)
- Freedom of the Press (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 17 of 17
Full-Text Articles in Administrative Law
Agency Self-Funding In The Antinovelty Age, Zois Manaris
Agency Self-Funding In The Antinovelty Age, Zois Manaris
William & Mary Law Review Online
This Article demonstrates that CFSA's [Community Financial Services Association of American v. CFPB] introduction of antinovelty into the self-funding space, including its particular antinovelty approach, poses an existential threat to any and all agency self-funding. On its face, this may seem like something that will only worry the more functionalist or more liberal crowd—likely because so much of the recent discussion surrounding agency self-funding has revolved around the polarizing CFPB. But even those who might want the CFPB struck down and those who subscribe to the antinovelty rationale as a general matter (between those two camps there …
All The Sovereign's Agents: The Constitutional Credentials Of Administration, Kate Jackson
All The Sovereign's Agents: The Constitutional Credentials Of Administration, Kate Jackson
William & Mary Bill of Rights Journal
[...] This Article suggests that agency institutions should be measured against the notion that popular sovereignty demands not consensus and consent, but instead institutions that permit citizens to understand themselves as coequal participants in the collective decision-making process.
Part I situates administrative agencies in an understanding of liberal democratic constitutionalism that eschews outmoded notions of popular sovereignty and natural law. It will then explain how adequately conceived notions of the separation of powers and the rule of law cannot serve as indefeasible objections to administration. Part II makes a positive case for agency authority by drawing from the insights gained …
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
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
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 …
Arbitrary Arbiters: Evaluating The Right To Be Informed Of Eligibility For Discretionary Relief In Removal Proceedings, Michael Jordan
Arbitrary Arbiters: Evaluating The Right To Be Informed Of Eligibility For Discretionary Relief In Removal Proceedings, Michael Jordan
William & Mary Bill of Rights Journal
No abstract provided.
Two Popular Democracies' "Energy Independence" Initiatives Through The Lenses Of Constitutionalism, Environmentalism, And Judicial Activism Oeuvres--A Comparative Study Of The Trump And Modi Administrations, Vidhya V. Iyer
William & Mary Environmental Law and Policy Review
The energy independence approaches by two popular democracies, the United States and India, have recently been the center of attention. This Article examines whether two Democratic leaders, the President of the United States, Donald Trump, and Prime Minister of India, Narendra Modi, have maintained constitutionalism in light of executive orders and ordinances that focus on energy independence by way of promoting coal-fired power plants rather than focusing on the environment and human health. Based on constitutional underpinnings, this Article concludes that although both leaders and their administrations may not have violated their respective constitutions, they have certainly violated notions of …
"Liberty Requires Accountability": The Appointments Clause, Lucia V. Sec, And The Next Constitutional Controversy, Michael A. Sabino
"Liberty Requires Accountability": The Appointments Clause, Lucia V. Sec, And The Next Constitutional Controversy, Michael A. Sabino
William & Mary Business Law Review
“Liberty requires accountability” is the essential precept which animates the Appointments Clause of Article II. This constitutional safeguard assures that those who exercise the sovereign power of the United States remain accountable both to the Chief Executive who appointed them and to the People who elected that President. The proviso was most recently tested in Lucia v. SEC, and, most assuredly, shall be in controversy again. After first expositing the high Court’s extensive Appointments Clause jurisprudence presaging Lucia, this Article thoroughly explores this newest Article II landmark, before concluding with commentary upon future Appointments Clause challenges expected to soon …
Time To Prune The Flora--Procedural Due Process, The Full Payment Rule And Assessable Penalties: Larson V. United States, Frank G. Colella
Time To Prune The Flora--Procedural Due Process, The Full Payment Rule And Assessable Penalties: Larson V. United States, Frank G. Colella
William & Mary Business Law Review
In Larson v. United States, the Second Circuit Court of Appeals rejected the opportunity to limit the scope of the Flora “full payment” rule when its strict application in the instant case foreclosed judicial review of the underlying tax controversy. As a result, the decision rubberstamped the IRS’s imposition of assessable penalties without any meaningful judicial review of those actions. The Article argues that the court’s decision to blindly apply the full payment rule, without considering any form of a hardship exception, effectively denied John Larson his right to due process of law as guaranteed by the Fifth Amendment …
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti
There And Back Again? Police Reforms Through The Prism Of The Recruitment Decisions In The High Court And The Court Of Appeal, Festus M. Kinoti
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Administrative Constitution In Exile, Mila Sohoni
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 …
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
When Delegation Begets Domination: Due Process Of Administrative Lawmaking, Evan J. Criddle
Faculty Publications
No abstract provided.
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Constitutional Structure: Federalism, Administrative Law, Checks And Balances, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
The Status Of Independent Agencies After Bowsher V. Synar, Paul R. Verkuil
Faculty Publications
No abstract provided.
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
The Future Of Cable Communications And The Fairness Doctrine, Tom A. Collins
Faculty Publications
No abstract provided.
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins
William & Mary Law Review
No abstract provided.