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The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker 2020 University of Louisville School of Law

The Kavanaugh Court And The Schechter-To-Chevron Spectrum: How The New Supreme Court Will Make The Administrative State More Democratically Accountable, Justin Walker

Indiana Law Journal

In a typical year, Congress passes roughly 800 pages of law—that’s about a seveninch

stack of paper. But in the same year, federal administrative agencies promulgate

80,000 pages of regulations—which makes an eleven-foot paper pillar. This move

toward electorally unaccountable administrators deciding federal policy began in

1935, accelerated in the 1940s, and has peaked in the recent decades. Rather than

elected representatives, unelected bureaucrats increasingly make the vast majority

of the nation’s laws—a trend facilitated by the Supreme Court’s decisions in three

areas: delegation, deference, and independence.

This trend is about to be ...


“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor 2020 Washington and Lee University School of Law

“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor

Washington and Lee Journal of Civil Rights and Social Justice

Since President Donald Trump took office in 2017, there has been tension between the White House and the press. While this tension has been present in prior presidencies, its current manifestation raises important First Amendment issues. This Note discusses the limitations of the President to restrict the press’s right of First Amendment access to presidential press conferences. After delving into the Supreme Court’s development and recognition of the press’s right of access and how the lower courts have interpreted this right, this Note proposes a framework to analyze the press’s right of access and addresses the ...


Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq. 2020 University of the District of Columbia School of Law

Remarks: "When They Go Low, We Go Local" Strategies For Pursuing Dc Democracy In The Age Of Trump, Jon S. Bouker Esq.

University of the District of Columbia Law Review

Remarks of Jon S. Bouker, Esq., Chair, DC Appleseed Center for Law and Justice, at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson 2020 University of the District of Columbia School of Law

2017 Keynote Speech: Dc Democracy During The Time Of Trump: 51 And 45!, Wade Henderson

University of the District of Columbia Law Review

Keynote speech of Wade Henderson at the University of the District of Columbia, David A. Clarke School of Law, Law Review Symposium, DC Democracy During the Time of Trump: 51 and 45.


The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges 2020 William & Mary Law School

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges

William & Mary Environmental Law and Policy Review

Seeking to disseminate cost-benefit analysis as part of a global agenda of reforms on regulatory policy, the Organization for Economic Cooperation and Development (“OECD”) has advocated this economic tool to all its member countries. A key partner of that international organization since 2007, Brazil officially sought in 2017 to be a permanent OECD member, which means accepting orientation from that organization on policy reforms, namely regulatory policy. This Article disagrees with OECD’s recommendation because traditional cost-benefit analysis has been technically flawed and politically biased towards a deregulatory agenda. The purpose of this Article, therefore, is to analyze the potential ...


Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond 2020 Maurer School of Law: Indiana University

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives ...


Fee Shifting: A Proposal To Solve Maine’S Intractable Access To Justice Problem, Donald F. Fontaine 2020 University of Maine School of Law

Fee Shifting: A Proposal To Solve Maine’S Intractable Access To Justice Problem, Donald F. Fontaine

Maine Law Review

The Maine Legislature should enact a new statute to award attorney’s fees in civil cases to poor litigants against their opponents. Under the proposed statute the opponent must be a corporation or other legal entity and the poor litigant must be the prevailing party in the case. The statute proposed is needed because multiple studies show that there has been an unrelenting decline during the last four decades of the poor’s access to justice. Their numbers increase and the support of the federal government declines. For those who find themselves in legal positions opposing the poor, there is ...


Correcting Judicial Errors: Lessons From History, Louis Fisher 2020 University of Maine School of Law

Correcting Judicial Errors: Lessons From History, Louis Fisher

Maine Law Review

On June 18, 2018, the Supreme Court in Trump v. Hawaii finally acknowledged that its decision in Korematsu v. United States (1944) was in error. It took seventy-four years to make that admission, even though it was widely recognized by scholars and a congressional commission that the decision was fundamentally defective. In the 1936 Curtiss-Wright decision, the Court completely misinterpreted a speech by John Marshall when he served in the House of Representatives. Although he referred to the President as “the sole organ of the nation in its external relations,” he never argued that the President controlled all of foreign ...


Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport 2020 University of Michigan Law School

Resolving Alj Removal Protections Problem Following Lucia, Spencer Davenport

University of Michigan Journal of Law Reform

When the Supreme Court decided Lucia v. SEC and held that administrative law judges (ALJs) are Officers under the Constitution, the Court opened a flood of constitutional issues around the status of ALJs and related government positions. One central issue relates to ALJs’ removal protections. ALJs currently have two layers of protection between them and the President. In an earlier Supreme Court decision, the Court held that two layers of tenure protection between an “Officer of the United States” and the President was unconstitutional as it deprived the President the power to hold his officers accountable. As impartial adjudicators, ALJs ...


Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock 2020 Georgetown University Law Center

Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

This article uses President Trump's issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons ...


Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr. 2020 Brooklyn Law School

Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr.

Brooklyn Law Review

Each year tens of thousands of immigrants head to the United States’ shores in the hope of achieving their version of the “American Dream.” This dream is now more elusive than it has ever been due to the Trump Administration’s attempts to limit legal migration by, to an extent, removing certain avenues of entry. Specifically, the Trump Administration severely hindered the ability of victims of domestic and gang violence to apply for one of the few forms of relief afforded to them: asylum. This note analyzes how decisions such as former Attorney General Jeff Sessions’ opinion in Matter of ...


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent 2020 Chicago-Kent College of Law

Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent

Chicago-Kent Law Review

No abstract provided.


Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares 2020 Seton Hall University School of Law

Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares

Chicago-Kent Law Review

No abstract provided.


Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss 2020 Columbia Law School

Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.


Mischief With Government Information Policy, Renée M. Landers 2020 Suffolk University Law School

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.


Administrative Truth: Comments On Cortez's Information Mischief, David Thaw 2020 Univeristy of Pittsburg School of Law

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.


Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz 2020 Shepard Broad College of Law

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.


Civil Servant Alarm, Bijal Shah 2020 Sandra Day O’Connor College of Law

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.


The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies 2020 CUNY School of Law

The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies

Chicago-Kent Law Review

No abstract provided.


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