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Articles 1 - 29 of 29
Full-Text Articles in President/Executive Department
Export Controls: A Contemporary History, Bert Chapman
Export Controls: A Contemporary History, Bert Chapman
Libraries Faculty and Staff Presentations
Provides highlights of my recently published book Export Controls: A Contemporary History. Describes the roles played by multiple U.S. Government agencies and congressional oversight committees in this policymaking arena including the Commerce, Defense, State, and Treasury Departments. It also reviews the roles played by international government organizations such as the Missile Technology Control Regime, export oriented businesses, and research intensive universities.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Federal Energy Regulatory Commission, U.S., Bert Chapman
Federal Energy Regulatory Commission, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.
Land Management, U.S. Bureau Of, Bert Chapman
Land Management, U.S. Bureau Of, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board Of Governors Of The National Association Of Administrative Law Judges
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. Mcneil
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
The Role Of The Olc In Providing Legal Advice To The Commander-In-Chief After September 11th: The Choices Made By The Bush Administration Office Of Legal Counsel, Arthur H. Garrison
Journal of the National Association of Administrative Law Judiciary
The first two roles of the U.S. Attorney General from its inception were to represent the interests of the United States before the U.S. Supreme Court and to advise the President on matters of the law. Despite the Attorney General delegating both roles, the former to the Solicitor General and the latter to the Office of Legal Counsel (OLC), the Attorney General and the Department of Justice are by statute and tradition looked upon to be the protectors of the rule of law within the Executive Branch. It is to the Attorney General, and by delegation to the OLC, to …
The Administrative Judiciary's Independence Myth, James E. Moliterno
The Administrative Judiciary's Independence Myth, James E. Moliterno
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Midnight Rules: A Reform Agenda, Jack M. Beermann
Midnight Rules: A Reform Agenda, Jack M. Beermann
Michigan Journal of Environmental & Administrative Law
There is a documented increase in the volume of regulatory activity during the last ninety days of presidential administrations when the President is a lame duck, having either been defeated in a bid for re-election or being at the end of the second term in office. This includes an increase in the number of final rules issued as compared to other periods. The phenomenon of late-term regulatory activity has been called “midnight regulation,” based on a comparison to the Cinderella story in which the magic wears off at the stroke of midnight. This Article looks closely at one species of …
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Supreme Court's Take On Immigration In Nken V. Holder: Reaffirming A Traditional Standard That Affords Courts More Time And Flexibility To Decide Immigration Appeals Before Deporting Aliens, Elizaveta Kabanova
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Three-Dimensional Sovereign Immunity, Sarah L. Brinton
Three-Dimensional Sovereign Immunity, Sarah L. Brinton
Sarah L Brinton
The Supreme Court has erred on sovereign immunity. The current federal immunity doctrine wrongly gives Congress the exclusive authority to waive immunity (“exclusive congressional waiver”), but the Constitution mandates that Congress share the waiver power with the Court. This Article develops the doctrine of a two-way shared waiver and then explores a third possibility: the sharing of the immunity waiver power among all three branches of government.
The Implausibility Of Secrecy, Mark Fenster
The Implausibility Of Secrecy, Mark Fenster
Mark Fenster
Government secrecy frequently fails. Despite the executive branch’s obsessive hoarding of certain kinds of documents and its constitutional authority to do so, recent high-profile events—among them the WikiLeaks episode, the Obama administration’s celebrated leak prosecutions, and the widespread disclosure by high-level officials of flattering confidential information to sympathetic reporters—undercut the image of a state that can classify and control its information. The effort to control government information requires human, bureaucratic, technological, and textual mechanisms that regularly founder or collapse in an administrative state, sometimes immediately and sometimes after an interval. Leaks, mistakes, open sources—each of these constitutes a path out …
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss
Regulatory Reform: Toward More Balanced And Flexible Federal Agency Regulation, Donald T. Bliss
Pepperdine Law Review
The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to …
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer
Pepperdine Law Review
The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …
Some Guidance About Federal Agencies And Guidance, Mary Whisner
Some Guidance About Federal Agencies And Guidance, Mary Whisner
Librarians' Articles
The federal administrative system is complex and contains ambiguities about what counts as an “agency,” and there is an amorphous border between regulations and guidance. The body of guidance documents (or nonlegislative rules) is growing, both in volume and in importance, and legal researchers should be aware of this important source of authority, as well as its unclear status.
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Regulating The Family: The Impact Of Pro-Family Policy Making Assessments On Women And Non-Traditional Families, Robin S. Maril
Robin S. Maril
Beginning in the 1980s, pro-family advocates lobbied the Reagan administration to take a stronger, more direct role in enforcing traditional family norms through agency rulemaking. In 1986 the White House Working Group on the Family published a report entitled, The Family: Preserving America’s Future, detailing what its authors perceived to be the biggest threats to the “American household of persons related by blood, marriage or adoption – the traditional . . . family.” These threats included a lax sexual culture carried over from the 1960s, resulting in rising divorce rates, children born “out of wedlock,” and increased acceptance of “alternative …
Moving Forward With Regulatory Lookback, Cary Coglianese
Moving Forward With Regulatory Lookback, Cary Coglianese
All Faculty Scholarship
President Obama has rightly called on government agencies to establish ongoing routines for reviewing existing regulations to determine if they need modification or repeal. Over the last two years, the White House Office of Information and Regulatory Affairs (OIRA) has overseen a signature regulatory “lookback” initiative that has prompted dozens of federal agencies to review hundreds of regulations. This regulatory initiative represents a good first step toward increasing the retrospective review of regulation, but by itself will do little to build a lasting culture of serious regulatory evaluation. After all, past administrations have made similar review efforts, but these ad …
The President's Enforcement Power, Kate Andrias
The President's Enforcement Power, Kate Andrias
Faculty Scholarship
Enforcement of law is at the core of the President’s constitutional duty to “take Care” that the laws are faithfully executed, and it is a primary mechanism for effecting national regulatory policy. Yet questions about how presidents oversee agency enforcement activity have received surprisingly little scholarly attention. This Article provides a positive account of the President’s role in administrative enforcement, explores why presidential enforcement has taken the shape it has, and examines the bounds of the President’s enforcement power. It demonstrates that presidential involvement in agency enforcement, though extensive, has been ad hoc, crisis-driven, and frequently opaque. The Article thus …
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
The Senate And The Recess Appointments, David Arkush
The Senate And The Recess Appointments, David Arkush
David J. Arkush
This Essay offers a new perspective on the recess appointments controversy in Noel Canning v. NLRB. First, contrary to the dominant view, the case does not present a conflict between the President and the Senate. The Senate majority likely wished to authorize the President's recess appointments, and the majority is the relevant body for the purpose of establishing Senate intent. Second, the courts should defer to the Senate's wishes rather than define the term "recess" themselves.
What Is Intermediate Legislative Power?, Shubhankar Dam
What Is Intermediate Legislative Power?, Shubhankar Dam
Shubhankar Dam
The President in India’s parliamentary system is authorized to promulgate legislation under Article 123.1 While such legislation, or ‘ordinances’, enjoy the same force and effect as Acts, they are distinct in some ways. First, ordinances lack legislative deliberation: the President promulgates them ‘except when both Houses of Parliament are in session’. Secondly, it depends on the President’s satisfaction that ‘circumstances exist that render it necessary for him to take immediate action’. And they are transient: ordinances cease to operate on the expiry of six weeks from the reassembly of Parliament unless withdrawn earlier or formally enacted into law. Ordinances, then, …