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Recent Articles in President/Executive Department
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro College Jacob D. Fuchsberg Law Center
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.
On Executive Clemency: The Pardon Of Richard M. Nixon , Michael K. McKibbin
Pepperdine University
On Executive Clemency: The Pardon Of Richard M. Nixon , Michael K. Mckibbin
Pepperdine Law Review
No abstract provided.
The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink
Pepperdine University
The Mink Case: Restoring The Freedom Of Information Act , Patsy T. Mink
Pepperdine Law Review
No abstract provided.
Book Reviews, James D. McGoldrick, Charles I. Nelson
Pepperdine University
Book Reviews, James D. Mcgoldrick, Charles I. Nelson
Pepperdine Law Review
No abstract provided.
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Pepperdine University
Alj Support Systems: Staff Attorneys And Decision Writers, Russell L. Weaver
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Proposed Model Act Creating A State Central Hearing Agency (Office Of Administrative Hearings), Board of Governors of the National Association of Administrative Law Judges
Pepperdine University
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.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Pepperdine University
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.
Another Moment In The Evolution Of Administrative Agency Power: The Opinion In Schultz V. Springfield Forest Products, Drew K. Mahady
Pepperdine University
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.
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Pepperdine University
Bush V. Gore: What Happened, And What Does The Supreme Court's New Equal Protection Standard Mean For State Election Officials?, Michael Louis Newman
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Enforcement Redundancy And The Future Of Immigration Law, Adam B. Cox
NELLCO
Enforcement Redundancy And The Future Of Immigration Law, Adam B. Cox
New York University Public Law and Legal Theory Working Papers
It is commonplace for states to help enforce federal law. Indeed, "enforcement redundancy" is a widespread and typically unremarkable aspect of American federalism. Local police regularly arrest people for violating federal criminal law; states criminalize wide swaths of conduct, like dealing drugs, that are also federal offenses; and states often attach civil penalties to conduct, such as workplace discrimination, already proscribed by federal law. Nevertheless, in United States v. Arizona — the most significant immigration federalism case in decades — the Supreme Court vitiated Arizona’s efforts at redundant enforcement.
This Article explores why the Arizona Court rejected redundant enforcement and what ...
Critical Factors Of Adjudication: Language And The Adjudication Process In Executive And Judicial Branch Decisions, Christopher B. McNeil
Pepperdine University
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 Administrative Judiciary's Independence Myth, James E. Moliterno
Pepperdine University
The Administrative Judiciary's Independence Myth, James E. Moliterno
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman
Pepperdine University
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
Pepperdine University
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.
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Pepperdine University
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.
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen
Pepperdine University
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.
There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon
Pepperdine University
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
Pepperdine University
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 ...
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Pepperdine University
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.
The Implausibility Of Secrecy, Mark Fenster
University of Florida Levin College of Law
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 ...
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Popular Articles
On The Evasion Of Executive Term Limits
The Removal Power Of The President And Independent Administrative Agencies
California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow
The "Ongoing Criminal Investigation" Constraint: Getting Away With Silence
Montesquieu's Theory Of Government And The Framing Of The American Constitution
Presidential Signing Statements In Perspective
Litigating Presidential Signing Statements
Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything About Them?
Why The President Must Veto Unconstitutional Bills
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