President/Executive Department Commons

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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

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 ...