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Articles 1 - 10 of 10
Full-Text Articles in Judges
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.
Filling The D.C. Circuit Vacancies, Carl W. Tobias
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
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
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
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
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
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
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
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.