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Articles 1 - 13 of 13
Full-Text Articles in Administrative Law
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Indiana Law Journal
No abstract provided.
The Government’S Lies And The Constitution, Helen L. Norton
The Government’S Lies And The Constitution, Helen L. Norton
Indiana Law Journal
The government’s lies can be devastating. This is the case, for example, of its lies told to resist legal and political accountability for its misconduct; to inflict economic and reputational harm; or to enable the exercise of its powers to imprison, to deploy lethal force, and to commit precious national resources. On the other hand, the government’s lies can sometimes be helpful: consider lies told to thwart a military adversary or to identify wrongdoing through undercover police work. The substantial harms threatened by some government lies invite a search for ways to punish and prevent them. At the same time, …
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Duty To Defend And The Rule Of Law, Gregory F. Zoeller
Indiana Law Journal
This Article challenges Eric Holder’s and William Pryor’s views and explains the proper role of a state attorney general when a party challenges a state statute. In short, an attorney general owes the state and its citizens, as sovereign, a duty to defend its statutes against constitutional attack except when controlling precedent so overwhelmingly shows that the statute is unconstitutional that no good-faith argument can be made in its defense. To exercise discretion more broadly, and selectively to pick and choose which statutes to defend, only erodes the rule of law. (introduction)
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
The Constitution As Architecture: A Charette, Larry Kramer
The Constitution As Architecture: A Charette, Larry Kramer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Article Iii Courts And The Constitutional Structure, David A. Strauss
Article Iii Courts And The Constitutional Structure, David A. Strauss
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer
Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer
Indiana Law Journal
Symposium: Paul Bator: Legislative and Administrative Courts Under Article III
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Indiana Law Journal
No abstract provided.
The Court V. The Legislature: Rule Making Power In Indiana
The Court V. The Legislature: Rule Making Power In Indiana
Indiana Law Journal
No abstract provided.
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Administrative Determinations And Personal Rights In The Present Supreme Court, Ralph F. Fuchs
Indiana Law Journal
No abstract provided.
Political Affiliation As Qualification For Office
Political Affiliation As Qualification For Office
Indiana Law Journal
Constitutional Law Note
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Constitutional Law -Administrative Duties Of The Judiciary- Due Process
Indiana Law Journal
No abstract provided.