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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.


Filling The D.C. Circuit Vacancies, Carl W. Tobias Dec 2015

Filling The D.C. Circuit Vacancies, Carl W. Tobias

Indiana Law Journal

Partisanship undermines judicial nominations to the U.S. Court of Appeals for the District of Columbia Circuit. With three of eleven judgeships vacant during Barack Obama’s first term, he was the only President in a half century not to appoint a jurist to the nation’s second-most important court. Confirming accomplished nominees, thus, became imperative for the circuit’s prompt, economical, and fair case disposition. In 2013, Obama submitted excellent candidates. Patricia Millett had argued thirty-two Supreme Court appeals; Cornelia Pillard successfully litigated numerous path-breaking matters; and Robert Wilkins had served on the D.C. District bench for three years. The purportedly shrinking tribunal …


The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation, Leandra Lederman Jan 2012

The Fight Over "Fighting Regs" And Judicial Deference In Tax Litigation, Leandra Lederman

Articles by Maurer Faculty

The question of how much deference courts should accord agency interpretations of statutes is a high-profile and important issue that affects both rulemaking and case outcomes. What level of deference should courts accord an agency regulation or other rule that an agency has issued opportunistically, during the course of related litigation? This important question has arisen in numerous cases, including the 2011 U.S. Supreme Court decision in Mayo Foundation for Medical Education and Research v. United States, a case involving a Treasury regulation.

To answer the question, the Article analyzes the law on judicial deference to tax authorities generally, as …


From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas Dec 2010

From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas

Federal Communications Law Journal

After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …


Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate Jan 1990

Book Review. Judicial Rhetoric And Administrative Law, John S. Applegate

Articles by Maurer Faculty

No abstract provided.


Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin Jan 1986

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


The Impact Of The Courts On Public Administration, David L. Bazelon Oct 1976

The Impact Of The Courts On Public Administration, David L. Bazelon

Indiana Law Journal

Colloquium: The Federal Judiciary: Essays from the Bench


Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs Jan 1966

Book Review. Jaffe, L.L., Judicial Control Of Administrative Action, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


The Work Of Judicial Councils, C. S. Sikes Jan 1935

The Work Of Judicial Councils, C. S. Sikes

Indiana Law Journal

Published in the American Political Science Review simultaneously with the Indiana Law Journal, by arrangement.