Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (51)
- Montclair State University (8)
- Selected Works (8)
- Maurer School of Law: Indiana University (7)
- SelectedWorks (6)
-
- New York Law School (4)
- Northwestern Pritzker School of Law (4)
- Purdue University (3)
- University of Windsor (3)
- American University in Cairo (1)
- Claremont Colleges (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Kennesaw State University (1)
- Liberty University (1)
- Penn State Dickinson Law (1)
- Portland State University (1)
- Technological University Dublin (1)
- University of New Mexico (1)
- Keyword
-
- Administrative law (35)
- Public administration (15)
- Regulation (14)
- Artificial intelligence (10)
- Government regulation (8)
-
- Machine learning (8)
- Judicial review (7)
- Separation of powers (7)
- Constitutional law (5)
- Courts (5)
- Digital government (5)
- E-government (5)
- Governance (5)
- Law and economics (5)
- Administrative agencies (4)
- BEAD (4)
- Broadband (4)
- Bureaucracy (4)
- Government (4)
- Grant (4)
- Information technology (4)
- Innovation (4)
- NTIA (4)
- Politics (4)
- Public policy (4)
- Regulatory process (4)
- Risk management (4)
- Telecommunications (4)
- Transparency (4)
- AI (3)
- Publication Year
- Publication
-
- All Faculty Scholarship (51)
- Department of Justice Studies Faculty Scholarship and Creative Works (5)
- Articles by Maurer Faculty (4)
- Northwestern Journal of Law & Social Policy (4)
- Reports and Resources (4)
-
- Law Publications (3)
- Mary Alice Haddad (3)
- Donald J. Kochan (2)
- Indiana Journal of Constitutional Design (2)
- Libraries Faculty and Staff Presentations (2)
- Lindsay J Stirton Ph.D. (2)
- Prof. Elizabeth Burleson (2)
- Publications from President Jonathan G.S. Koppell (2)
- Bernard Sama (1)
- CMC Senior Theses (1)
- Chiehwen Ed Hsu (1)
- Cuban Law (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Dickinson Law Review (2017-Present) (1)
- Dissertations and Theses (1)
- Evan Barret Smith (1)
- Faculty Articles (1)
- Faculty Scholarship (1)
- Helm's School of Government Conference - American Revival: Citizenship & Virtue (1)
- Huseyin Ozgur Prof.Dr. (1)
- Indiana Law Journal (1)
- Libraries Faculty and Staff Scholarship and Research (1)
- Master of Public Administration Practicums (1)
- Reports (1)
- Robert L. Glicksman (1)
- Publication Type
- File Type
Articles 1 - 30 of 105
Full-Text Articles in Administrative Law
Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi
Navigating Complexity Of Serving Displaced Communities: A Study Of Yemeni Community-Based Organizations In Egypt, Alya Mohammed Al-Mahdi
Theses and Dissertations
Forced displacement is a global crisis that poses challenges for nations like Egypt. Despite international NGO support, escalating displaced individuals have overwhelmed existing capacities. Refugee Community-Based Organizations (CBOs) have emerged as a natural response from the communities themselves to bridge the gap between the state and NGOs and the refugee community. However, CBOs in Egypt face challenges that impact their operation and continuity. Through qualitative research, this study aims to explore the experience of the Yemeni CBOs. Through interviews with seven people from six CBOs conducted through field visits and online calls, this research uncovers the dynamics of Yemeni CBOs …
The Role Of U.S. Government Regulatioms, Bert Chapman
The Role Of U.S. Government Regulatioms, Bert Chapman
Libraries Faculty and Staff Presentations
Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Reports and Resources
No abstract provided.
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Reports and Resources
No abstract provided.
Regulating Machine Learning: The Challenge Of Heterogeneity, Cary Coglianese
Regulating Machine Learning: The Challenge Of Heterogeneity, Cary Coglianese
All Faculty Scholarship
Machine learning, or artificial intelligence, refers to a vast array of different algorithms that are being put to highly varied uses, including in transportation, medicine, social media, marketing, and many other settings. Not only do machine-learning algorithms vary widely across their types and uses, but they are evolving constantly. Even the same algorithm can perform quite differently over time as it is fed new data. Due to the staggering heterogeneity of these algorithms, multiple regulatory agencies will be needed to regulate the use of machine learning, each within their own discrete area of specialization. Even these specialized expert agencies, though, …
Aclp - Updated Estimates Of State Bead Allocations - As Of January 2023, New York Law School
Aclp - Updated Estimates Of State Bead Allocations - As Of January 2023, New York Law School
Reports and Resources
No abstract provided.
Aclp - Broadband Planning Tool Kit - October 2022, New York Law School
Aclp - Broadband Planning Tool Kit - October 2022, New York Law School
Reports and Resources
This Tool Kit provides state and local policymakers with a range of resources and analyses for use during broadband planning. The Tool Kit focuses on the array of grant and other funding opportunities available to states and localities as a result of the Infrastructure Investment & Jobs Act, as well as other pandemic-era stimulus programs. However, the Tool Kit is also useful for broadband planning outside of these specific funding programs. Indeed, the Tool Kit offers foundational planning resources that can be used now and in the future by officials, ISPs, and other stakeholders in the broadband space.
Solving The Congressional Review Act’S Conundrum, Cary Coglianese
Solving The Congressional Review Act’S Conundrum, Cary Coglianese
All Faculty Scholarship
Congress routinely enacts statutes that require federal agencies to adopt specific regulations. When Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, for example, it mandated that the Securities and Exchange Commission (SEC) adopt an anti-corruption regulation requiring energy companies to disclose payments they make to foreign governments. Although the Dodd-Frank Act specifically required the SEC to adopt this disclosure requirement, the agency’s eventual regulation was also, like other administrative rules, subject to disapproval by Congress under a process outlined in a separate statute known as the Congressional Review Act (CRA).
After the SEC issued its …
Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul
Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul
Helm's School of Government Conference - American Revival: Citizenship & Virtue
No abstract provided.
Moving Toward Personalized Law, Cary Coglianese
Moving Toward Personalized Law, Cary Coglianese
All Faculty Scholarship
Rules operate as a tool of governance by making generalizations, thereby cutting down on government officials’ need to make individual determinations. But because they are generalizations, rules can result in inefficient or perverse outcomes due to their over- and under-inclusiveness. With the aid of advances in machine-learning algorithms, however, it is becoming increasingly possible to imagine governments shifting away from a predominant reliance on general rules and instead moving toward increased reliance on precise individual determinations—or on “personalized law,” to use the term Omri Ben-Shahar and Ariel Porat use in the title of their 2021 book. Among the various technological, …
Algorithm Vs. Algorithm, Cary Coglianese, Alicia Lai
Algorithm Vs. Algorithm, Cary Coglianese, Alicia Lai
All Faculty Scholarship
Critics raise alarm bells about governmental use of digital algorithms, charging that they are too complex, inscrutable, and prone to bias. A realistic assessment of digital algorithms, though, must acknowledge that government is already driven by algorithms of arguably greater complexity and potential for abuse: the algorithms implicit in human decision-making. The human brain operates algorithmically through complex neural networks. And when humans make collective decisions, they operate via algorithms too—those reflected in legislative, judicial, and administrative processes. Yet these human algorithms undeniably fail and are far from transparent. On an individual level, human decision-making suffers from memory limitations, fatigue, …
Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson
Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson
Law Publications
Ce rapport présente les constatations, l'analyse et les recommandations d'une étude menée sur le service d’accompagnement du Tribunal fédéral de la sécurité sociale (service d’accompagnement du TSS). Le service d’accompagnement du TSS a été créé en 2019, pour veiller à la bonne information des appelants sans représentation professionnelle ainsi qu’à leur participation sereine aux audiences. L'étude examine l'utilisation du service d’accompagnement pour le Régime de pensions du Canada – Invalidité (RPC – Invalidité) entendue par la Division générale de la sécurité du revenu du Tribunal de la sécurité sociale du Canada.
Cette recherche porte sur l'accès à la justice administrative …
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson
Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson
Law Publications
An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."
This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.
This research study focuses on access to administrative justice on the …
From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter
From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter
All Faculty Scholarship
Artificial intelligence, or “AI,” is raising alarm bells. Advocates and scholars propose policies to constrain or even prohibit certain AI uses by governmental entities. These efforts to establish a negative right to be free from AI stem from an understandable motivation to protect the public from arbitrary, biased, or unjust applications of algorithms. This movement to enshrine protective rights follows a familiar pattern of suspicion that has accompanied the introduction of other technologies into governmental processes. Sometimes this initial suspicion of a new technology later transforms into widespread acceptance and even a demand for its use. In this paper, we …
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
All Faculty Scholarship
President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
Unrules, Cary Coglianese, Gabriel Scheffler, Daniel Walters
All Faculty Scholarship
At the center of contemporary debates over public law lies administrative agencies’ discretion to impose rules. Yet, for every one of these rules, there are also unrules nearby. Often overlooked and sometimes barely visible, unrules are the decisions that regulators make to lift or limit the scope of a regulatory obligation, for instance through waivers, exemptions, and exceptions. In some cases, unrules enable regulators to reduce burdens on regulated entities or to conserve valuable government resources in ways that make law more efficient. However, too much discretion to create unrules can facilitate undue business influence over the law, weaken regulatory …
Congress's Domain: Appropriations, Time, And Chevron, Matthew B. Lawrence
Congress's Domain: Appropriations, Time, And Chevron, Matthew B. Lawrence
Faculty Articles
Annual appropriations and permanent appropriations play contradictory roles in the separation of powers. Annual appropriations preserve agencies’ need for congressionally provided funding and enforce a domain of congressional influence over agency action in which the House and the Senate each enforce written unicameral commands through the threat of reduced appropriations in the next annual cycle. Permanent appropriations permit agencies to fund their programs without ongoing congressional support, circumscribing and diluting Congress’s domain.
The unanswered question of Chevron deference for appropriations demonstrates the importance of the distinction between annual appropriations and permanent appropriations. Uncritical application of governing deference tests that emphasize …
Due Process In Antitrust Enforcement: Normative And Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang
Due Process In Antitrust Enforcement: Normative And Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang
All Faculty Scholarship
Due process in antitrust enforcement has significant implications for better professional and accurate enforcement decisions. Not only can due process spur economic growth, raise government credibility, and limit the abuse of powers according to law, it also promotes competitive reforms in monopolized sectors and curbs corruption. Jurisdictions learn from the best practices in the investigation process, decisionmaking process, and the announcement and judicial review of antitrust enforcement decisions. By comparing the enforcement policies of China, the European Union, and the United States, this article calls for better disclosure of evidence, participation of legal counsel, and protection of the procedural and …
What Regulators Can Learn From Global Health Governance, Cary Coglianese
What Regulators Can Learn From Global Health Governance, Cary Coglianese
All Faculty Scholarship
The Great Pandemic of 2020 shows how much public health around the world depends on effective global and domestic governance. Yet for too long, global health governance and domestic regulatory governance have remained largely separate fields of scholarship and practice. In her book, Global Health Justice and Governance, Jennifer Prah Ruger offers scholars and practitioners of regulatory governance an excellent opportunity to see how domestic regulation shares many of the same problems, strategies, and challenges as global health governance. These commonalities reinforce how much national and subnational regulators can learn from global health governance. Drawing on insights from Prah …
Privacy Vs. Transparency: Handling Protected Materials In Agency Rulemaking, Christopher S. Yoo, Kellen Mccoy
Privacy Vs. Transparency: Handling Protected Materials In Agency Rulemaking, Christopher S. Yoo, Kellen Mccoy
All Faculty Scholarship
Agencies conducting informal rulemaking proceedings increasingly confront conflicting duties with respect to protected materials included in information submitted in public rulemaking dockets. They must reconcile the broad commitment to openness and transparency reflected in federal law with the duty to protect confidential business information (CBI) and personally identifiable information (PII) against improper disclosure.
This Article presents an analysis of how agencies can best balance these often-countervailing considerations. Part I explores the statutory duties to disclose and withhold information submitted in public rulemaking dockets placed on agencies. It also examines judicial decisions and other legal interpretations regarding the proper way to …
Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor
Ai In Adjudication And Administration, Cary Coglianese, Lavi M. Ben Dor
All Faculty Scholarship
The use of artificial intelligence has expanded rapidly in recent years across many aspects of the economy. For federal, state, and local governments in the United States, interest in artificial intelligence has manifested in the use of a series of digital tools, including the occasional deployment of machine learning, to aid in the performance of a variety of governmental functions. In this paper, we canvas the current uses of such digital tools and machine-learning technologies by the judiciary and administrative agencies in the United States. Although we have yet to see fully automated decision-making find its way into either adjudication …
Administrative Law In The Automated State, Cary Coglianese
Administrative Law In The Automated State, Cary Coglianese
All Faculty Scholarship
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …
Administrative Law In A Time Of Crisis: Comparing National Responses To Covid-19, Cary Coglianese, Neysun A. Mahboubi
Administrative Law In A Time Of Crisis: Comparing National Responses To Covid-19, Cary Coglianese, Neysun A. Mahboubi
All Faculty Scholarship
Beginning in early 2020, countries around the world successively and then together faced the same rapidly emerging threats from the COVID-19 virus. The shared experience of this global pandemic affords scholars and policymakers a comparative lens through which to view how differences in countries’ governance structures and administrative responses affected their ability to manage the various crisis posed by the pandemic. This article introduces a special series of essays in the Administrative Law Review written by leading administrative law experts across the globe. Case studies focus on China, Chile, Germany, Italy, New Zealand, South Africa, and the United States, as …
Policing In A Democratic Constitution, Michael Wasco
Policing In A Democratic Constitution, Michael Wasco
Indiana Journal of Constitutional Design
Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.
Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …
Deploying Machine Learning For A Sustainable Future, Cary Coglianese
Deploying Machine Learning For A Sustainable Future, Cary Coglianese
All Faculty Scholarship
To meet the environmental challenges of a warming planet and an increasingly complex, high tech economy, government must become smarter about how it makes policies and deploys its limited resources. It specifically needs to build a robust capacity to analyze large volumes of environmental and economic data by using machine-learning algorithms to improve regulatory oversight, monitoring, and decision-making. Three challenges can be expected to drive the need for algorithmic environmental governance: more problems, less funding, and growing public demands. This paper explains why algorithmic governance will prove pivotal in meeting these challenges, but it also presents four likely obstacles that …
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …
Inflating The Terror Threat Since 2001, Gabriel Rubin
Inflating The Terror Threat Since 2001, Gabriel Rubin
Department of Justice Studies Faculty Scholarship and Creative Works
Presidential rhetoric serves a critical interpretive role in defining events, particularly the threat of terrorism. As Richard Neustadt argues, the power of the presidency lies in the leader’s power to persuade. Presidents frame the terror threat by setting the country’s policy agenda. They then try to sell policies to Congress and the public through the pressure they can employ using their rhetoric and their office. This study, based on content analysis speech data ranging from September 2001 to February 2019, delves into why presidents speak the way they do about terrorism looking both at the content and frequency of their …