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Full-Text Articles in Legal History
Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz
Defending "Universal Vacatur" - Nationwide Injunctions For Administrative Law, Michael E. Herz
Online Publications
The nationwide injunction has seized the imagination of courts and law professors in recent years. Not surprisingly, JOTWELL’s pages screens have given it extensive attention. Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. Jack Beermann, in praising Bray and Frost, did have one complaint: “As an administrative law nut, I wish they both grappled more with the meaning of the APA’s instruction that reviewing courts should ‘hold unlawful and set aside’ unlawful agency action.” Mila Sohoni has now filled that …
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Online Publications
Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.