Open Access. Powered by Scholars. Published by Universities.®

President/Executive Department Commons™

Open Access. Powered by Scholars. Published by Universities.®

Administrative Law

PDF

2020

Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 45

Full-Text Articles in President/Executive Department

Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte Dec 2020

Splendid Isolation: Va’S Failure To Provide Due Process Protections And Access To Justice To Veterans And Their Caregivers, Yelena Duterte

Journal of Law and Policy

Imagine you are a spouse and caregiver of a severely injured post-9/11 veteran. Your spouse served in the Marine Corps, with several deployments to Iraq. During their last deployment, your spouse sustained a severe traumatic brain injury and suffers from post-traumatic stress disorder. Due to these injuries, they need consistent care throughout the day. Thankfully, upon their return, the VA provided a caregiver program that allowed you to step away from your job and focus on caring for your spouse full time. As part of this program, you received a caregiver stipend of $2,400 per month, healthcare, and support from …

Go to article

Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Go to article

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley Oct 2020

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

Go to article

David Versus Godzilla: Bigger Stones, Jerry Ellig, Richard Williams Oct 2020

David Versus Godzilla: Bigger Stones, Jerry Ellig, Richard Williams

Dickinson Law Review (2017-Present)

For four decades, U.S. Presidents have issued executive orders requiring agencies to conduct comprehensive regulatory impact analysis (RIA) for significant regulations to ensure that regulatory decisions solve social problems in a cost-beneficial manner. Yet experience demonstrates that agency RIAs often fail to live up to the standards enunciated in executive orders and Office of Management and Budget (OMB) guidance. The Office of Information and Regulatory Affairs (OIRA) oversees agency compliance with the executive orders, but OIRA is about half the size it was when it was established in 1980. Regulatory agency staff outnumber OIRA staff by a ratio of 3600 …

Go to article

Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Go to article

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe Jun 2020

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

Articles & Chapters

President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …

Go to article

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges May 2020

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges

William & Mary Environmental Law and Policy Review

Seeking to disseminate cost-benefit analysis as part of a global agenda of reforms on regulatory policy, the Organization for Economic Cooperation and Development (“OECD”) has advocated this economic tool to all its member countries. A key partner of that international organization since 2007, Brazil officially sought in 2017 to be a permanent OECD member, which means accepting orientation from that organization on policy reforms, namely regulatory policy. This Article disagrees with OECD’s recommendation because traditional cost-benefit analysis has been technically flawed and politically biased towards a deregulatory agenda. The purpose of this Article, therefore, is to analyze the potential impacts …

Go to article

Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport May 2020

Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport

University of Michigan Journal of Law Reform

When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs …

Go to article

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla Apr 2020

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …

Go to article

Mischief With Government Information Policy, Renée M. Landers Apr 2020

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.

Go to article

The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers Apr 2020

The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers

Chicago-Kent Law Review

No abstract provided.

Go to article

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw Apr 2020

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.

Go to article

Civil Servant Alarm, Bijal Shah Apr 2020

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.

Go to article

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares Apr 2020

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares

Chicago-Kent Law Review

No abstract provided.

Go to article

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz Apr 2020

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.

Go to article

The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies Apr 2020

The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies

Chicago-Kent Law Review

No abstract provided.

Go to article

Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff Apr 2020

Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff

Chicago-Kent Law Review

No abstract provided.

Go to article

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk Apr 2020

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk

Chicago-Kent Law Review

No abstract provided.

Go to article

The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey Apr 2020

The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey

Dickinson Law Review (2017-Present)

It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …

Go to article

Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin Mar 2020

Deregulation Defanged: An Empirical Review Of Federal Deregulatory Policy And Its Legal Obstacles, Jack Thorlin

Brigham Young University Journal of Public Law

No abstract provided.

Go to article

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin Mar 2020

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.

Go to article

How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin Mar 2020

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 …

Go to article

Inflating The Terror Threat Since 2001, Gabriel Rubin Mar 2020

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 …

Go to article

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin Mar 2020

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …

Go to article

The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim Mar 2020

The Untouchable Executive Authority: Trump And The Section 232 Tariffs On Steel And Aluminum, Arim Jenny Kim

University of Miami Business Law Review

In 2018, President Trump championed his way through the imposition of the Section 232 Tariffs—a heavy tax on various imports, including steel and aluminum—by broadcasting a supposedly-imminent threat to the U.S. national security. This plea, however, has been criticized as a veil for President Trump’s economic protectionism policy. Meanwhile, others have questioned the constitutionality of the statute creating the President’s authority to impose these tariffs in the first place. This Comment explores the issues arising from President Trump’s Section 232 Tariffs on steel and aluminum: (1) the validity and justiciability of President Trump’s actions under Section 232 of the Trade …

Go to article

One Nation Under Trump: More Power To Him?, Jessica Hernandez Mar 2020

One Nation Under Trump: More Power To Him?, Jessica Hernandez

University of Miami Business Law Review

This note examines the following question: to what extent has the Trump administration heralded an expansion of presidential trade powers with respect to Section 232 of the Trade Expansion Act of 1962? It proceeds by first providing an overview of the Trade Expansion Act of 1962. It then looks at the Section 232 investigations which (a) preceded Trump’s assumption of office and (b) resulted in presidential trade action. After reviewing the aforementioned investigations, this note examines the Section 232 investigations initiated under the Trump administration. Attention is paid to how the Trump administration has defined ‘national security’ more broadly. The …

Go to article

Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon Mar 2020

Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon

Michigan Journal of Environmental & Administrative Law

The Paperwork Reduction Act (PRA) is an often-ignored law with a large impact. Federal agencies cannot ask the same questions of more than nine people or entities without submitting a proposed information collection to the White House Office of Management and Budget for review, a process that can take up to a year to complete. In an attempt to regulate the amount of paperwork foisted on the public, the PRA has created an enormous amount of paperwork for federal agencies—without any meaningful reduction in the paperwork burden faced by the public. Yet, likely because the burden of the PRA is …

Go to article

Administrative Law: Whose Job Is It Anyway?, Allison Mather Jan 2020

Administrative Law: Whose Job Is It Anyway?, Allison Mather

Pepperdine Law Review

This Note examines the current state of judicial deference to administrative agencies and suggests modifying the doctrine to better comport with the Constitution. It examines the history of administrative agencies and the rise of judicial deference. The Note explores the present-day applications of judicial deference and analyzes whether the current doctrine is consistent with both its initial underlying policies and the Constitution. Ultimately, judicial deference to administrative agencies raises serious separation of powers concerns and should be modified to remain faithful to the nation’s founding principles.

Go to article

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long Jan 2020

Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long

Department of Homeland Security

In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …

Go to article

Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf Jan 2020

Investments And Security: Balancing International Commerce And National Security With Expanded Authority For The Committee On Foreign Investment In The United States, Christopher Jusuf

Catholic University Journal of Law and Technology

What happens when the interests of international trade conflict with those of national security? This article analyzes this question within the context of the Committee on Foreign Investment in the United States (CFIUS), an obscure but increasingly powerful executive panel that exercises the president's broad authority to unilaterally interfere with and stop international mergers and acquisitions. With the passage of the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS is more powerful now than it has ever been, and should be a key consideration for any company seeking to do business with foreign investors. This is especially true as America …

Go to article

Next Last