Open Access. Powered by Scholars. Published by Universities.®

Administrative Law Commons

Open Access. Powered by Scholars. Published by Universities.®

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 Apr 2023

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 Jan 2023

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 Dec 2015

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 Apr 2015

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 Apr 1990

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 Apr 1990

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 Apr 1990

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 Apr 1990

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 Jul 1988

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 Oct 1960

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 Jan 1949

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 Jan 1948

Political Affiliation As Qualification For Office

Indiana Law Journal

Constitutional Law Note


Constitutional Law -Administrative Duties Of The Judiciary- Due Process Jun 1933

Constitutional Law -Administrative Duties Of The Judiciary- Due Process

Indiana Law Journal

No abstract provided.