Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Administrative law (6)
- Cases (2)
- Employment discrimination (2)
- Jurisprudence (2)
- NLRB (2)
-
- Sebelius (2)
- Summaries (2)
- Access to documents (1)
- Act 10 (1)
- Adequate notice (1)
- Administrative Agencies (1)
- Administrative Procedure Act (1)
- Administrative agencies (1)
- Administrative procedures act (1)
- Adverse impact other than fines and penalties (1)
- Agencies (1)
- Agency interpretation of statutes (1)
- Apa (1)
- Appointment (1)
- Arbitrariness (1)
- Arbitrary and capricious (1)
- Article 40(1) (1)
- Article II (1)
- Article III (1)
- Auburn Regional Medical Center (1)
- Auer Deference (1)
- Authority (1)
- Ball State University (1)
- Bartlett (1)
- Bigamy (1)
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Jurisprudence
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Democracy In Disguise: Assessing The Reforms To The Fundamental Rights Provisions In Guyana, Arif Bulkan
Georgia Journal of International & Comparative Law
No abstract provided.
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson
Georgia Journal of International & Comparative Law
No abstract provided.
Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley
Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley
Georgia Journal of International & Comparative Law
No abstract provided.
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Pepperdine University School Of Law Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
City Of Arlington V. Fcc: Jurisdictional Or Nonjurisdictional, Where To Draw The Line?, Whitney Ruijuan Hao
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Legal Summaries, Hsuan Li
Legal Summaries, Hsuan Li
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Puzzling Presumption Of Reviewability, Nicholas Bagley
The Puzzling Presumption Of Reviewability, Nicholas Bagley
Articles
The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Barry Law Review
No abstract provided.
Splits In The Rock: The Conflicting Interpretations Of The Seminole Rock Deference Doctrine By The U.S. Courts Of Appeals, Kevin O. Leske
Splits In The Rock: The Conflicting Interpretations Of The Seminole Rock Deference Doctrine By The U.S. Courts Of Appeals, Kevin O. Leske
Faculty Scholarship
No abstract provided.
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
A Primer On Hobby Lobby: For-Profit Corporate Entities' Challenge To The Hhs Mandate, Free Exercise Rights, Rfra's Scope, And The Nondelegation Doctrine, Terri R. Day, Leticia M. Diaz, Danielle Weatherby
Faculty Scholarship
No abstract provided.
To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett
To The Victor Goes The Toil -- Remedies For Regulated Parties In Separation-Of-Powers Litigation, Kent H. Barnett
Scholarly Works
The U.S. Constitution imposes three key limits on the design of federal agencies. It constrains how agency officers are appointed, the extent of their independence from the President, and the range of issues that they can decide. Scholars have trumpeted the importance of these safeguards with soaring rhetoric. And the Supreme Court has permitted regulated parties to vindicate these safeguards through implied private rights of action under the Constitution. Regulated parties, for their part, have been successfully challenging agency structure with increased frequency. At the same time, regulated parties, courts, and scholars have largely ignored the practical question of “structural …
Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan David Doerfler
Mead As (Mostly) Moot: Predictive Interpretation In Administrative Law, Ryan David Doerfler
All Faculty Scholarship
In National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court explained that, within the domain of unclear agency-administered statutes, a federal court is subordinate to an administering agency. When an administering agency speaks authoritatively, federal court practice reflects this. When an agency speaks only informally, however, federal court practice does not. Specifically, when construing an agency-administered statute absent an authoritative agency interpretation, a federal court errs, given its subordinate status, when it exercises independent judgment concerning what interpretation is best. Instead, that subordinate status requires a court to predict what authoritative interpretation the administering agency …
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Trans-Substantivity Beyond Procedure, Suzette M. Malveaux
Publications
No abstract provided.
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee
All Faculty Scholarship
Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to …
Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti
Big (Gay) Love: Has The Irs Legalized Polygamy?, Anthony C. Infanti
Articles
Within days in December, a federal judge in Utah made news by loosening that state’s criminal prohibition against polygamy and the Attorney General of North Dakota made news by opining that a party to a same-sex marriage could enter into a different-sex marriage in that state without first obtaining a divorce or annulment. Both of these opinions raised the specter of legalized plural marriage. What discussions of these opinions missed, however, is the possibility that the IRS might already have legalized plural marriage in the wake of the U.S. Supreme Court’s decision last June in United States v. Windsor, which …