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Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo 2018 The Catholic University of America, Columbus School of Law

Clearing The Air: Does Choosing Agency Deference In Security Clearance Rulings Dilute Constitutional Challenges?, Frank Russo

Catholic University Law Review

The ability to obtain a security clearance has a wide-ranging impact from job placement to questions of fitness in a presidential election. Sustaining a functional career in intelligence, national security, and many other federal fields within the United States is nearly impossible without proper security clearance. In 2016, the importance of proper clearance evolved into a national debate as each presidential candidate staked claims that their opposition should be excluded from receiving sensitive material.

This Comment begins with a detailed history of modern security clearance procedures and MSPB reviews of clearance revocations. Part I focuses on those who need security ...


Table Of Contents And Editorial Board, Michelle Wellnitz 2018 Pepperdine University

Table Of Contents And Editorial Board, Michelle Wellnitz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pepperdine University School Of Law Legal Summaries, Armando Lopez 2018 Pepperdine University

Pepperdine University School Of Law Legal Summaries, Armando Lopez

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto 2018 Pepperdine University

Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma 2018 Pepperdine University

Providing A Solution For Immigrant Detainees Held Under The Mandatory Detention Statute, Kristine Toma

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson 2018 Pepperdine University

A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Default License Revocation In California Administrative Law, Jacob Reinhardt 2018 Pepperdine University

Default License Revocation In California Administrative Law, Jacob Reinhardt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn 2018 Pepperdine University

Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher 2018 Pepperdine University

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission’S Administrative Law Judges, Linda D. Jellum, Moses M. Tincher

Journal of the National Association of Administrative Law Judiciary

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC’s enforcement ...


Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr. 2018 Pepperdine University

Humphrey’S Executor Squared: Free Enterprise Fund V. Public Company Accounting Oversight Board And Its Implications For Administrative Law Judges, Robert S. Garrison Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel 2018 Pepperdine University

The Remedial Authority Of Hearing And Review Officers Under The Individuals With Disabilities Education Act: The Latest Update, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe 2018 Pepperdine University

Paternalism And The Rise Of The Disability State, David W. Engel, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston 2018 Boston College Law School

The Department That Cried Wolf: Tenth Circuit Vacates Preliminary Injunction In Absence Of Likely Injury In New Mexico Department Of Game & Fish V. United States Department Of The Interior, Curtis Cranston

Boston College Law Review

In the 2017 case, New Mexico Department of Game & Fish v. United States Department of the Interior, the United States Court of Appeals for the Tenth Circuit held that the New Mexico Department of Game and Fish (“New Mexico Department”) was not entitled to a preliminary injunction that barred the United States Fish and Wildlife Service from releasing endangered Mexican gray wolves into the wild on federal lands within New Mexico. The Tenth Circuit held that the New Mexico Department did not show that irreparable injury to its wildlife management efforts or its state sovereignty was likely. The Tenth Circuit ...


National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack 2018 Alexander Blewett III School of Law at the University of Montana

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land and Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision ...


When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson 2018 College of William & Mary Law School

When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson

William & Mary Bill of Rights Journal

This Article revisits the D.C. Circuit’s 1993 decision in FEC v. NRA Political Victory Fund, and concludes that the separation of powers reasoning applied in NRA Political Victory Fund could invalidate other common practices in the administrative state, such as statutory requirements that Executive Branch officers serve on the boards of corporations created and staffed by Congress.


Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival 2018 University of Pennsylvania Law School

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert Percival

Faculty Scholarship

The Trump Administration is rapidly turning the clock back on climate policy and environmental regulation. Despite overwhelming, peer-reviewed scientific evidence, administration officials eager to promote greater use of fossil fuels are disregarding climate science. This Article argues that this massive and historic deregulation may spawn yet another wave of legal innovation as litigants, including states and their political subdivisions, return to the common law to protect the health of the planet. Prior to the emergence of the major federal environmental laws in the 1970s, the common law of nuisance gave rise to the earliest environmental decisions in U.S. history ...


The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters 2018 University of Pennsylvania Law School

The Self-Delegation False Alarm: Analyzing Auer Deference's Effect On Agency Rules, Daniel E. Walters

Faculty Scholarship

Auer deference holds that when agencies interpret their own pre-existing regulations, they receive deference from reviewing courts. The doctrine serves a critical function in the administrative process, obviating the need for agencies to undergo costly notice-and-comment rulemaking each time interpretation of existing regulations is necessary and guaranteeing that agencies’ good faith exercise of interpretive discretion will be respected by courts. But for some leading scholars and jurists, this benign-sounding doctrine actually encourages agencies to promulgate vague rules in the first instance, augmenting agency power and violating core separation-of-powers norms in the process. This “perverse incentives thesis” has become increasingly influential ...


Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters 2018 University of Pennsylvania Law School

Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions, Daniel E. Walters

Faculty Scholarship

A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use regulation to erect barriers to entry that protect profits and stifle competition. From the political left comes the claim that business interests use secretive interactions with agencies to erode and negate beneficial regulatory programs. Regulatory “capture” theory elevates many of these claims to the status of economic law. Despite growing skepticism about capture theory in academic circles, empirical studies of business influence and capture return ambiguous ...


Learning What Works In Regulation, Cary Coglianese, Todd Rubin 2018 University of Pennsylvania Law School

Learning What Works In Regulation, Cary Coglianese, Todd Rubin

Faculty Scholarship

No abstract provided.


Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves 2018 University of Minnesota Law School

Valuing Life: A Human Rights Perspective On The Calculus Of Regulation, William J. Aceves

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


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