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Table Of Contents & Masthead, Cara M. MacDonald 2022 Pepperdine University

Table Of Contents & Masthead, Cara M. Macdonald

Journal of the National Association of Administrative Law Judiciary

Journal of the National Association of Administrative Law Judiciary, NAALJ, Contents, editorial board, Pepperdine University, Caruso School of Law


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel 2022 Lehigh University

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state ...


A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr. 2022 Pepperdine University

A Weaponized Process: The Deterioration Of Asylum Administration Under Trump, David C. Portillo Jr.

Journal of the National Association of Administrative Law Judiciary

Under the Trump Administration, a series of Attorney General decisions increased Executive Branch scrutiny over decisions of the Board of Immigration Appeals (BIA). This scrutiny serves to advance an anti-immigration policy at the cost of denying entry of valid asylum seekers. These decisions are due to tension between the politically directed executive power of Attorneys General and the Judicial nature of the BIA. This internal contradiction results in Attorney General decisions that are arbitrary, inconsistent, employ poor reasoning, deviate from precedent, and cause inhumane effects. The structure of asylum administration, as laid out in the Immigration and Naturalization Act and ...


Best Frenemies: Evaluating The Dual Jurisdiction Of The Federal Antitrust Agencies, Kimberly H. Anker 2022 Boston College Law School

Best Frenemies: Evaluating The Dual Jurisdiction Of The Federal Antitrust Agencies, Kimberly H. Anker

Boston College Law Review

What happens when Congress grants two federal regulatory institutions dual jurisdiction over the enforcement of the antitrust law, but then fails to provide instructions on how to divide up the responsibility? The U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have concurrent jurisdiction over the enforcement of federal antitrust law in the United States. Historically, the DOJ and FTC have worked in tandem as a unified front, but tensions have been steadily increasing between the two agencies. These mounting tensions recently reached two very public boiling points. The first was in September of 2008 ...


Administrative Law: Governing Economic And Social Governance, Cary Coglianese 2022 University of Pennsylvania Carey Law School

Administrative Law: Governing Economic And Social Governance, Cary Coglianese

Faculty Scholarship at Penn Law

Administrative law refers to the body of legal doctrines, procedures, and practices that govern the operation of the myriad regulatory bodies and other administrative agencies that interact directly with individuals and businesses to shape economic and social outcomes. This law takes many forms in different legal systems around the world, but different systems of administrative law share in common a focus on three major issues: the formal structures of administrative agencies; the procedures that these agencies must follow to make regulations, grant licenses, or pursue other actions; and the doctrines governing judicial review of administrative decisions. In addressing these issues ...


Monsanto: Creator Of Cancer Liability, 2022 DePaul University

Monsanto: Creator Of Cancer Liability

DePaul Business and Commercial Law Journal

No abstract provided.


Impact Of Corporate Response To Controversial Presidential Statements Or Policies, 2022 DePaul University

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business and Commercial Law Journal

No abstract provided.


Analyzing The Implications Of The Supreme Court's Application Of The Canons Of Construction In Recent Federal Indian Law Cases, Meredith Harris J.D. 2022 Seattle University School of Law

Analyzing The Implications Of The Supreme Court's Application Of The Canons Of Construction In Recent Federal Indian Law Cases, Meredith Harris J.D.

American Indian Law Journal

Federal Indian law in the United States has historically relied on application of the Indian Canons of Construction (“Canons”). The courts have relied on these principles since 1832. However, their application has not been consistent. Indeed, the Canons are discretionary which has led to judicial avoidance. Yet, recent Supreme Court opinions demonstrate a resurgence of the Canons and a trend towards a textualist approach, both of which involve greater deference to tribal understandings. Ultimately, the opinions in United States v. Washington, Washington State Dept. of Licensing v. Cougar Den, Herrera v. Wyoming, and McGirt v. Oklahoma, indicate the Supreme Court ...


This Land Is Not Our Land, This Land Is Their Land: Returning National Park Lands To Their Rightful Protectors, Sierra Kennedy 2022 Seattle University School of Law

This Land Is Not Our Land, This Land Is Their Land: Returning National Park Lands To Their Rightful Protectors, Sierra Kennedy

American Indian Law Journal

No abstract provided.


Healthcare Self-Governance, Danika Watson 2022 Seattle University School of Law

Healthcare Self-Governance, Danika Watson

American Indian Law Journal

No abstract provided.


How Alaska Native Corporations Can Better Support Alaska Native Villages, E. Barrett Ristroph Esq. 2022 Seattle University School of Law

How Alaska Native Corporations Can Better Support Alaska Native Villages, E. Barrett Ristroph Esq.

American Indian Law Journal

Since their formation in 1971 through the Alaska Native Claims Settlement Act, Alaska Native Corporations (ANCs) have operated largely under a mission to build economic revenue for distribution to their shareholders, who are generally Alaska Native tribal members. While larger ANCs have formed foundations that provide scholarships to shareholders, ANCs generally do not have missions or entities associated with developing community infrastructure or promoting social programs in Alaska Native Villages, which are the communities of federally recognized Alaskan tribes. Until recently, the infrastructural and institutional needs of Alaska Native Villages have largely been met through State of Alaska funding, with ...


Limits And Scope Of The Authority To Amend The Kuwaiti Administrative Contract During Its Execution, Dr. Mona Al Hajri 2022 Assistant Professor of constitutional and Administrative Law, Faculty of Law, Kuwait University

Limits And Scope Of The Authority To Amend The Kuwaiti Administrative Contract During Its Execution, Dr. Mona Al Hajri

Journal Sharia and Law

This research is concerned with studying the authority of amendment in the administrative contracts in Kuwait during its execution in a broad concept and how it affects the administrative contract as a whole. The study discussed the concept of amending the administrative contract, which includes amending the identity of one of the contracting parties or amending the content of the contract. The study also determined how the amendment is limited by a number of restrictions that widens and narrows according to the types of those contracts, and in accordance with what is stipulated in the contract and the laws and ...


Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman 2022 Case Western University School of Law

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause ...


White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson 2022 University of Windsor, Faculty of Law

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice ...


"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel 2021 University of Cincinnati College of Law

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel

University of Cincinnati Law Review

No abstract provided.


Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos 2021 Alexander Blewett III School of Law at the University of Montana

Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos

Public Land & Resources Law Review

The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.


Regulating New Tech: Problems, Pathways, And People, Cary Coglianese 2021 University of Pennsylvania Carey Law School

Regulating New Tech: Problems, Pathways, And People, Cary Coglianese

Faculty Scholarship at Penn Law

New technologies bring with them many promises, but also a series of new problems. Even though these problems are new, they are not unlike the types of problems that regulators have long addressed in other contexts. The lessons from regulation in the past can thus guide regulatory efforts today. Regulators must focus on understanding the problems they seek to address and the causal pathways that lead to these problems. Then they must undertake efforts to shape the behavior of those in industry so that private sector managers focus on their technologies’ problems and take actions to interrupt the causal pathways ...


Oversight Riders, Kevin M. Stack, Michael P. Vandenbergh 2021 Lee S. and Charles A. Speir Professor of Law, Vanderbilt University Law School

Oversight Riders, Kevin M. Stack, Michael P. Vandenbergh

Notre Dame Law Review

Congress has a constitutionally critical duty to gather information about how the executive branch implements the powers Congress has granted it and the funds Congress has appropriated. Yet in recent years the executive branch has systematically thwarted Congress’s powers and duties of oversight. Congressional subpoenas for testimony and documents have met with blanket refusals to comply, frequently backed by advice from the Department of Justice that executive privilege justifies withholding the information. Even when Congress holds an official in contempt for failure to comply with a congressional subpoena, the Department of Justice often does not initiate criminal sanctions. As ...


Delegation, Administration, And Improvisation, Kevin Arlyck 2021 Associate Professor, Georgetown University Law Center

Delegation, Administration, And Improvisation, Kevin Arlyck

Notre Dame Law Review

Nondelegation originalism is having its moment. Recent Supreme Court opinions suggest that a majority of Justices may be prepared to impose strict constitutional limits on Congress’s power to delegate policymaking authority to the executive branch. In response, scholars have scoured the historical record for evidence affirming or refuting a more stringent version of nondelegation than current Supreme Court doctrine demands. Though the debate ranges widely, sharp disputes have arisen over whether a series of apparently broad Founding-era delegations defeat originalist arguments in favor of a more demanding modern doctrine. Proponents—whom I call “nondelegationists”—argue that these historical delegations ...


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