Table Of Contents & Masthead,
2022
Pepperdine University
Table Of Contents & Masthead, Cara M. Macdonald
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?,
2022
Pepperdine University
May The Executive Branch Forgive Student Loan Debt Without Further Congressional Action?, Colin Mark
Journal of the National Association of Administrative Law Judiciary
On April 1, 2021, the Biden administration announced that Secretary of Education Michael Cardona will consider whether the President has legal authority to forgive up to $50,000 per debtor in student loan debt without further Congressional action. This paper interrogates the leading arguments for and against the Biden administration’s capacity to forgive this student loan debt strictly using administrative action. This article first surveys the history of federal student loan forgiveness programs in the United States. It then considers whether statutes on the books—in particular, the Higher Education Act of 1965 and the Federal Claims Collection Act ...
Friends Of The Earth V. Haaland Case Summary,
2022
Alexander Blewett III School of Law at the University of Montana
Friends Of The Earth V. Haaland Case Summary, Valan Anthos
Public Land & Resources Law Review
A federal district court vacated the U.S.’s largest offshore oil and gas lease sale ever because of an inadequate NEPA analysis. The court found that the BOEM’s decision to exclude estimations of reductions in foreign oil consumption if no lease took place was arbitrary and capricious.
Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022),
2022
University of Pittsburgh School of Law
Written Testimony Of Philip Hackney For The Hearing On Laws And Enforcement Governing The Political Activities Of Tax-Exempt Entities (U.S. Senate Finance Committee Subcommittee On Taxation And Irs Oversight, May 4, 2022), Philip Hackney
Testimony
Are tax laws and IRS enforcement up to the task of overseeing the tax issues associated with the political activities of tax-exempt organizations? Though the tax laws governing the tax-exempt realm are wanting, our overall legal structure is not bad. It is justifiable at least. Where we fall down as a nation in this space is in the enforcement. We do not allocate enough resources to this arena, and we do not institutionally offer the support necessary to enforce these laws. These failures do not favor one party over the other but favor those interests in the country with the ...
The Determinants Of Banking Regulation In The Mena Region,
2022
Universte Tunis el Manar, Faculte des Sciences Economiques et de Gestion
The Determinants Of Banking Regulation In The Mena Region, Hanene Ksiaa Dr, Mohamed Imen Gallali Professor
The Journal of Entrepreneurial Finance
Theoretical foundations in banks' response to capital settlement suggest that the systems proposed by Basel are not sound. It is conceivable that regulators will consider alternative approaches to enhance the safety and soundness of the banking system. The regulation includes several decrees and ratios; the areas of interest encompassing the areas are subject to principal component analysis (PCA).The paper aims to present a regulatory framework based on balance sheet ratios, such as Capital requirements (equity ratio; Tier 1 ratio; Total Equity/Net Loans; Total Equity/Deposits); for liquidity needs (liquidity/deposits; liquidity/total assets; liquidity/deposits and loans, and ...
Immigration Detention And Illusory Alternatives To Habeas,
2022
Texas A&M University School of Law
Immigration Detention And Illusory Alternatives To Habeas, Fatma Marouf
Faculty Scholarship
The Supreme Court has never directly addressed whether, or under what circumstances, a writ of habeas corpus may be used to challenge the conditions of detention, as opposed to the fact or duration of detention. Consequently, a circuit split exists on habeas jurisdiction over conditions claims. The COVID-19 pandemic brought this issue into the spotlight as detained individuals fearing infection, serious illness, and death requested release through habeas petitions around the country. One of the factors that courts considered in deciding whether to exercise habeas jurisdiction was whether alternative remedies exist, through a civil rights or tort-based action. This Article ...
Immigration In Regard To Economic Labor And Reform,
2022
Kennesaw State University
Immigration In Regard To Economic Labor And Reform, Will Ross, Maryella Mccown, Dylan Stone
Immigration Scholarship: History, Trends and Development in Global Immigration
In the last two presidencies, the United States economy has gone through much development regarding immigration and labor. Many key factors of growth in the economy can be identified pertaining to immigration, such as job fulfillment, innovations, and more productivity. Immigrants arrive in the United States with impressive skills that are needed for many occupations. They also run many of their own businesses and provide food and hospitality services for everyone. A common question that many US citizens wonder is “How do immigrants advantage the United States economy?” By bringing in new skills and ideas that had not been discovered ...
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis,
2022
Catholic University of America (Student)
Administrative Apparition: Resurrecting The Modern Administrative State’S Legitimacy Crisis With Agency Law Analysis, Tabitha Kempf
Catholic University Law Review
There is an enduring discord among academic and political pundits over the state of modern American government, with much focus on the ever-expanding host of federal agencies and their increasing regulatory, investigative, enforcement, and adjudicatory authority. The growing conglomerate of federal agencies, often unfavorably regarded as the “administrative state,” has invited decades of debate over the validity and proper scope of this current mode of government. Advocates for and against the administrative state are numerous, with most making traditional constitutional arguments to justify or delegitimize the current establishment. Others make philosophical, moral, or practical arguments in support or opposition. Though ...
Heirs Of An Administration: Unlawful Executive Actions,
2022
Catholic University of America (Student)
Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez
Catholic University Law Review
The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a ...
Assessing Automated Administration,
2022
University of Pennsylvania Carey Law School
Assessing Automated Administration, Cary Coglianese, Alicia Lai
Faculty Scholarship at Penn Law
To fulfill their responsibilities, governments rely on administrators and employees who, simply because they are human, are prone to individual and group decision-making errors. These errors have at times produced both major tragedies and minor inefficiencies. One potential strategy for overcoming cognitive limitations and group fallibilities is to invest in artificial intelligence (AI) tools that allow for the automation of governmental tasks, thereby reducing reliance on human decision-making. Yet as much as AI tools show promise for improving public administration, automation itself can fail or can generate controversy. Public administrators face the question of when exactly they should use automation ...
The Paga Saga,
2022
Pepperdine University
The Paga Saga, Tamar Meshel
Pepperdine Law Review
Employees routinely enter into employment contracts that contain arbitration agreements and prohibit them from bringing class and/or representative actions. These employees may therefore only bring claims against their employers, whether contractual or statutory, in arbitration on an individual basis. Such arbitration agreements and the class/representative action waivers that they contain are enforced nationwide pursuant to the Federal Arbitration Act (FAA). In California, however, a judge-made rule (the Iskanian rule) prohibits the enforcement of representative action waivers found in arbitration agreements with respect to employees’ claims of Labor Code violations under California’s Private Attorney General Act (PAGA). A ...
Upper Missouri Waterkeeper V. Epa,
2022
Alexander Blewett III School of Law at the University of Montana
Upper Missouri Waterkeeper V. Epa, Clare Ols
Public Land & Resources Law Review
State water quality standards developed under the Clean Water Act play a key role in curtailing the negative environmental, economic, and human health impacts of water pollution. Under the state water quality regulatory framework, EPA may grant variances to state standards should the state demonstrate the compliance with its standards is infeasible for a certain pollutant discharger or waterbody. Montana DEQ developed a variance for nutrients based on evidence that compliance with those standards would cause economic harm. EPA approved Montana's nutrient pollutant variance, and Upper Missouri Waterkeeper challenged EPA's approval on the grounds that the variance violates ...
Administrative Law—The Wholesale Human: The Ineffectuality Of Responsive Regulation To Advancements In Reproductive Biotechnology Post Roe V. Wade,
2022
University of Arkansas at Little Rock William H. Bowen School of Law
Administrative Law—The Wholesale Human: The Ineffectuality Of Responsive Regulation To Advancements In Reproductive Biotechnology Post Roe V. Wade, E. Jonathan Mader
University of Arkansas at Little Rock Law Review
No abstract provided.
Administrative Rule And Constitutional Governance,
2022
Liberty University
Administrative Rule And Constitutional Governance, Kaleb Horne
Helm's School of Government Conference
Presentation on the effects of administrative rule and its incompatibilities with Constitutional governance.
Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored,
2022
Liberty University
Deterioration Of The Tenth Amendment: Why Federalism’S Hierarchy Must Be Restored, Giana Depaul
Helm's School of Government Conference
No abstract provided.
Insuring Contraceptive Equity,
2022
Northwestern Pritzker School of Law
Insuring Contraceptive Equity, Jennifer Hickey
Northwestern Journal of Law & Social Policy
The United States is in the midst of a family planning crisis. Approximately half of all pregnancies nationwide are unintended. In recognition of the social importance of family planning, the Affordable Care Act (ACA) includes a “contraceptive mandate” that requires insurers to cover contraception at no cost. Yet, a decade after its enactment, the ACA’s promise of universal contraceptive access for insured women remains unfulfilled, with as many as one-third of U.S. women unable to access their preferred contraceptive without cost.
While much attention has been focused on religious exemptions granted to employers, the primary barrier to no-cost ...
Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?,
2022
Northwestern Pritzker School of Law
Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin
Northwestern Journal of Law & Social Policy
This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted ...
Slowing Down Accelerated Approval:
Examining The Role Of Industry Influence,
Patient Advocacy Organizations, And
Political Pressure On Fda Drug Approval,
2022
Fordham University School of Law
Slowing Down Accelerated Approval: Examining The Role Of Industry Influence, Patient Advocacy Organizations, And Political Pressure On Fda Drug Approval, Stephanie Diu
Fordham Law Review
The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and brought to market as soon as possible. Although accelerated approval has led to the availability of new treatments for patients with few other options, this Note argues that, today, the FDA grants accelerated approval too hastily and ...
Whither Rationality?,
2022
Florida State University College of Law
Whither Rationality?, Shi-Ling Hsu
Michigan Law Review
A Review of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. By Michael A. Livermore and Richard L. Revesz.
The Intergenerational Equity Case For A Wealth Tax,
2022
University of Cincinnati College of Law
The Intergenerational Equity Case For A Wealth Tax, Daniel Schaffa
University of Cincinnati Law Review
Intergenerational equity is commonly set aside in favor of other policy objectives, perhaps because of the extreme challenges inherent in adopting and applying an intergenerational equity normative framework. Even when there is a near consensus that the choices of today will have substantial costs in the future, these costs are often downplayed or disregarded. This Article asks whether there are measures that might offer redress to a generation for the costs imposed on it by its predecessors and finds that a one-time wealth tax is a promising option. Although its analysis applies more generally, this Article focuses on the widely ...