Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (2)
- First Amendment (2)
- Transparency (2)
- Yale Law Journal (2)
- Campaign finance (1)
-
- Civil liberties law (1)
- Code of conduct (1)
- Columbia Law Review (1)
- Conscientious objection (1)
- Constitution interpretation (1)
- Constitutional law (1)
- Consumer protection (1)
- Fair notice (1)
- Governance (1)
- In loco parentis (1)
- Indeterminancy (1)
- Law (1)
- Law & religion (1)
- Law and politics (1)
- Legal history (1)
- Legislative process (1)
- Michigan Law Review (1)
- Neoliberalism (1)
- Open data (1)
- Open government law and policy (1)
- Open meetings (1)
- Open records (1)
- Originalism (1)
- Progressivism (1)
- Public administration (1)
Articles 1 - 5 of 5
Full-Text Articles in Administrative Law
Fixing America's Founding, Maeve Glass
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
Seeing Transparency More Clearly, David E. Pozen
Seeing Transparency More Clearly, David E. Pozen
Faculty Scholarship
In recent years, transparency has been proposed as the solution to, and the cause of, a remarkable range of public problems. The proliferation of seemingly contradictory claims about transparency becomes less puzzling, this essay argues, when one appreciates that transparency is not, in itself, a coherent normative ideal. Nor does it have a straightforward instrumental relationship to any primary goals of governance. To gain greater purchase on how transparency policies operate, scholars must therefore move beyond abstract assumptions and drill down into the specific legal, institutional, historical, political, and cultural contexts in which these policies are crafted and implemented. The …
Transparency's Ideological Drift, David E. Pozen
Transparency's Ideological Drift, David E. Pozen
Faculty Scholarship
In the formative periods of American "open government" law, the idea of transparency was linked with progressive politics. Advocates of transparency understood themselves to be promoting values such as bureaucratic rationality, social justice, and trust in public institutions. Transparency was meant to make government stronger and more egalitarian. In the twenty-first century, transparency is doing different work. Although a wide range of actors appeal to transparency in a wide range of contexts, the dominant strain in the policy discourse emphasizes its capacity to check administrative abuse, enhance private choice, and reduce other forms of regulation. Transparency is meant to make …
The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler
The Administrative Origins Of Modern Civil Liberties Law, Jeremy K. Kessler
Faculty Scholarship
This Article offers a new explanation for the puzzling origin of modern civil liberties law. Legal scholars have long sought to explain how Progressive lawyers and intellectuals skeptical of individual rights and committed to a strong, activist state came to advocate for robust First Amendment protections after World War I. Most attempts to solve this puzzle focus on the executive branch's suppression of dissent during World War I and the Red Scare. Once Progressives realized that a powerful administrative state risked stifling debate and deliberation within civil society, the story goes, they turned to civil liberties law in order to …
Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.
Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.
Faculty Scholarship
Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.