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Articles 11581 - 11610 of 544342
Full-Text Articles in Entire DC Network
Presidential Administration And The Accountability Illusion, Brian D. Feinstein
Presidential Administration And The Accountability Illusion, Brian D. Feinstein
Duke Law Journal
For over a decade, the Supreme Court has upended executive-branch structures that insulated administrative agencies from the White House. Judges and scholars justify this project in part by claiming that presidential control over administration boosts agencies’ accountability to the American people. Yet, despite the importance of “the people” as this endeavor’s asserted beneficiaries, public attitudes concerning this foundational claim are unknown. This Article puts this claimed connection to the test. Grounded in a set of novel experiments involving over five thousand participants, it presents the first evidence of Americans’ views regarding whether greater presidential authority over agencies enhances accountability to …
Flips And Splits In Administrative Law, Daniel J. Hemel
Flips And Splits In Administrative Law, Daniel J. Hemel
Duke Law Journal
In Loper Bright Enterprises v. Raimondo, the Supreme Court discarded the four decades old Chevron deference regime and circumscribed the authority of federal agencies to choose among multiple interpretations of ambiguous statutes. In justifying its ruling, the Loper Bright majority argued that Chevron deference had generated unnecessary regulatory uncertainty by allowing agencies to switch from one interpretation of an ambiguous statute to another. In this respect, Loper Bright marks a move toward temporal uniformity in federal law: Once the courts recognize a certain reading of a statute as “best,” that reading will reign under Loper Bright unless and until Congress …
Scientific And Technical Expertise After Loper Bright, Sapna Kumar
Scientific And Technical Expertise After Loper Bright, Sapna Kumar
Duke Law Journal
Courts once trusted federal agencies for their expertise in administering complex statutory schemes, particularly regarding science and technology. Unlike judges, agency officials can narrowly focus on a specific area of law and have access to experts to inform their decision making. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court created a presumption that, absent language to the contrary, Congress intends for agencies to interpret statutory ambiguities. Chevron allowed agencies to utilize their varied forms of expertise while ensuring oversight from generalist judges. This court–agency partnership abruptly ended, however, in Loper Bright Enterprises v. Raimondo. The Court …
Our Marbury: Loper Bright And The Administrative State, Cass R. Sunstein
Our Marbury: Loper Bright And The Administrative State, Cass R. Sunstein
Duke Law Journal
Loper Bright, overruling Chevron, is unmistakably part of administrative law’s current “Grand Narrative,” which sees contemporary administrative agencies with suspicion, as a product of successive breaches of Article I, II, and III of the Constitution. The decision should be seen as our Marbury v. Madison—an effort to insist that it is emphatically the province and duty of the judicial department to say what the law is. But will the decision produce large changes? The answer depends, of course, on the meaning of both Chevron and Loper Bright. Under Chevron, courts hardly gave a blank check to agencies; on the contrary, …
Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala
Normative Contestation In The International Order: Is China Remaking Global Governance?, Kal Raustiala
International Law Studies
This essay explores China’s approach to global order. China’s remarkable rise has coincided with increasing engagement with the institutions of global governance. These institutions—in particular the United Nations—make up the core of what U.S. leaders have often referred to as the liberal world order or the rules-based order. Many U.S. officials see China as a deep threat intent on challenging, and perhaps even seeking to replace, this rules-based order. This essay, however, makes the case that China’s near-term goals for global governance appear more modest. Much of China’s behavior within institutions such as the UN suggests that what it seeks …
Frankel: Law Of Seashore, Waters And Water Courses: Maine And Massachusetts, Harriet Putnam Henry
Frankel: Law Of Seashore, Waters And Water Courses: Maine And Massachusetts, Harriet Putnam Henry
Maine Law Review
The advance announcement of Law of Seashore, Waters and Water Courses: Maine and Massachusetts served to arouse a sense of anticipation among practitioners in Maine. The brochure foretold of a thorough analysis of the relationship of the colonial ordinances to the law pertaining to the land-sea interface, rivers, and great ponds. The book was described as "An Exhaustive Handbook on Water Rights in Maine and Massachusetts . . . valuable for lawyers, public officials and property owners." In the Frankel book, realization fell far short of anticipation.
State Right To Appeal: Has Maine Been Too Cautious?, David J. Corson
State Right To Appeal: Has Maine Been Too Cautious?, David J. Corson
Maine Law Review
The Legislature of the State of Maine recently passed an act relating to appeals by the State on questions of law in criminal cases. The Governor's approval of the act on January 29, 1968, was the culmination of some three years of research and debate. The purpose of this comment is to examine the form and scope of the act in light of the continuing controversy in other jurisdictions over the conflict of interests between the people and the accused in what may be characterized as a trend toward more comprehensive state appeal laws, to the end of concluding whether …
How Post Is Post-Conviction Relief In Maine?, Charles L. Cragin Iii
How Post Is Post-Conviction Relief In Maine?, Charles L. Cragin Iii
Maine Law Review
In a recent case the Maine Supreme Judicial Court delineated the prerequisites for relief under Maine's post-conviction relief statute. The court declared that actual or constructive custody is necessary for relief. In Thoresen v. State, petitioner was convicted of a felony in Maine in 1959. He had been represented by retained counsel, and had elected to plead guilty to an information charging him with grand larceny. His sentence was suspended by probation and he was permitted to leave the state. Formally complying with all the regulations of his probation, he was given a total discharge in 1961. In 1967, he …
The Coast Guard: Always Ready, Sometimes Careful, Edward D. Leonard Iii
The Coast Guard: Always Ready, Sometimes Careful, Edward D. Leonard Iii
Maine Law Review
The government presently is liable for the negligent conduct of the Coast Guard. Why and how such liability arises is the subject of this comment. In considering this subject three central questions are presented: First, whether the various acts abrogating the sovereign immunity of the federal government have been correctly applied to the Coast Guard; second, assuming that sovereign immunity has been waived, the extent of the duty owed by the Coast Guard to persons in distress; and third, after a finding of liability, the effect of the statutory extension of the admiralty doctrine of limitation of liability upon damage …
Equal Protection As A Measure Of Competing Interests In Welfare Litigation, John G. Richardson
Equal Protection As A Measure Of Competing Interests In Welfare Litigation, John G. Richardson
Maine Law Review
Presently legal attacks on welfare programs focus upon the basic theory of the program, its definitions of need and obligation, and dissatisfaction with aspects of daily administration. Because these attacks seek to invalidate state action and federal forums are usually sought, conventional constitutional arguments of due process and equal protection are adapted to the peculiar issues posed by welfare cases. These attacks in substance allege that the state has so failed to support a needy person that its actions are fundamentally unfair and unacceptable. Equal protection has been raised often in welfare cases and some courts have granted relief based …
Suggested Revisions In Maine's Planning And Land Use Control Enabling Legislation—Part Ii, Orlando E. Delogu
Suggested Revisions In Maine's Planning And Land Use Control Enabling Legislation—Part Ii, Orlando E. Delogu
Maine Law Review
The process which transfers land from its natural or an unintensively used agricultural state to house lots, shopping centers, or industrial sites is often referred to as land subdivision. No more long-lasting or fundamental series of changes with respect to the land can be imagined; yet the process in Maine is not only unregulated by the state and by most local levels of government, but is not at present capable of being regulated in any meaningful sense of the word. No state statutes exist which impose even the most reasonable standards, limitations, or procedural safeguards on either the process of …
Insider Trading On Undisclosed Corporate Information: Diamond V. Oreamuno, John M. Whalen
Insider Trading On Undisclosed Corporate Information: Diamond V. Oreamuno, John M. Whalen
Maine Law Review
The New York Court of Appeals recently ruled that a corporation may hold its officers and directors, who use material inside information, accountable for gains realized by them from transactions in the company's stock. The purpose of this note is to analyze Diamond v. Oreamuno in light of the existing federal law and to propose its application in the federal system.
Legislative Discouragement Of Maine's Marine Industrial Growth, John H. Pursel
Legislative Discouragement Of Maine's Marine Industrial Growth, John H. Pursel
Maine Law Review
At common law the public rights to navigation and fishing could not be alienated by the King. Dry land and the land beneath the sea could be alienated but only so long as the public rights to navigation and fishing were preserved. This common law doctrine was rejected in 1842 by the United States Supreme Court as binding precedent for limiting the alienation of the public domain by the legislatures of the various states. In Martin v. Wadell the Court reasoned that this common law principle was not applicable because the people of the United States through their act of …
Maine's Educational Television Network: Legal Difficulties, Charles L. Cragin Iii
Maine's Educational Television Network: Legal Difficulties, Charles L. Cragin Iii
Maine Law Review
Maine's educational television network (ETV) cannot pride itself in achieving broad goals and, in fact, cannot attempt to achieve them because of legislation of questionable legal validity which has become an anachronistic barrier to innovations consistent with a keener awareness of the utility of educational television. This note focuses on the state-controlled system servicing northern Maine and points out the conflicts between the system's enabling legislation and the manner in which the system currently operates, and between the enabling legislation and federal laws and regulations. Additionally, it recommends, in a statutory format, the manner in which the system should be …
The Farm Worker: His Need For Legislation, Susan Calkins
The Farm Worker: His Need For Legislation, Susan Calkins
Maine Law Review
Of America's ignored and invisible people, the farm worker is one of the most ignored and least visible. He is hidden by the crops as he works his way down the endless rows. Far from the cities where the laws are made and the issues of the day are debated, his voice is not heard. He is vitally necessary to this well-fed nation, and yet his needs are seldom considered. The legislators have not ignored the industrial worker. They have provided him with laws insuring a minimum wage, workmen's compensation and other such benefits. The farm worker, however, is expressly …
Proof Of Defect In A Strict Products Liability Case, Robert F. Hanson
Proof Of Defect In A Strict Products Liability Case, Robert F. Hanson
Maine Law Review
The realization that negligence doctrines do not provide an adequate remedy for consumers injured by defective products has led many courts to adopt theories of strict liability. Justification for the strict liability doctrine rests on the judicial belief that the law should provide maximum protection for the health and safety of all consumers, and that the manufacturer is "conditionally at fault" if he does not compensate consumers injured by his defective products. Manufacturers are not held liable for all product-related harm to consumers. To recover the plaintiff must plead and prove that the product which caused the harm was defective …
Right To Jury Trial: Lemieux V. Robbins, Stephen R. Sunenblick
Right To Jury Trial: Lemieux V. Robbins, Stephen R. Sunenblick
Maine Law Review
A sagacious English liveryman named Tobias Hobson allowed each customer to choose the horse nearest the door, thereby presenting these customers with no real alternative. The State of Maine made a like proposition in Lemieux v. Robbins by implementing a novel criminal procedure whereby a defendant has a "choice" of either accepting his district court misdemeanor conviction as final, or appealing for a de novo trial by jury in superior court and possibly being convicted of a felony for contravening the same statute under which he was originally charged. The implementation of this procedure began with a complaint filed in …
Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie
Environmental Jurisdiction In The Congress And The Executive, Edmund S. Muskie
Maine Law Review
Extraterrestrial exploration and a historic lunar success have helped give modern man a unique perspective on the earth and his natural environment. We have looked on our planet from the reaches of outer space and have seen how small, how alone, and how vulnerable we are. We have travelled to the moon and photographed Mars, but we have finally realized that no matter how far or how fast we grow, no matter how far afield our explorations take us, and no matter how great our vision, we must always return to earth. This is a discomfiting realization for a civilization …
The Administrative Discharge: Changes Needed?, Norman B. Lynch
The Administrative Discharge: Changes Needed?, Norman B. Lynch
Maine Law Review
At its annual convention in 1968 the American Bar Association adopted a resolution authorizing its Special Committee on Military Justice to urge congressional action with respect to the military administrative discharge and military due process of law. In response to this urging two bills were introduced in the 91st Congress dealing with the administrative discharge of members of the Armed Forces. One was sponsored by Congressman Charles E. Bennett, (D. Fla.). Another was introduced by Senator Sam J. Ervin, (D. N.C.). The Bennett bill proposes amendments to title 10 of the United States Code to limit the separation of members …
The Civilianization Of Military Law, Edward F. Sherman
The Civilianization Of Military Law, Edward F. Sherman
Maine Law Review
Military law in the United States has always functioned as a system of jurisprudence independent of the civilian judiciary. It has its own body of substantive laws and procedures which has a different historical derivation than the civilian criminal law. The federal courts have always been reluctant to interfere with the court-martial system, as explained by the Supreme Court in 1953 in Burns v. Wilson: "Military law, like state law, is a jurisprudence which exists separate and apart from the law which governs in our federal judicial establishment. This Court has played no role in its development; we have exerted …
Procedural Rights Of The Military Accused: Advantages Over A Civilian Defendant, Homer E. Moyer Jr.
Procedural Rights Of The Military Accused: Advantages Over A Civilian Defendant, Homer E. Moyer Jr.
Maine Law Review
The Supreme Court recently decided in O'Callahan v. Parker that the military lacks jurisdiction to try servicemen for crimes that are not "service-connected." Justice Douglas, in rendering the majority opinion, was highly critical of military justice and criminal procedures in the court-martial system, which he characterized as "a system of specialized military courts, proceeding by practices different from those obtaining in the regular courts and in general less favorable to defendants . . . . .” The opinion further added that "courts-martial as an institution are singularly inept in dealing with the nice subtleties of constitutional law . . . …
A Symposium - Justice In The Military, Maine Law Review
A Symposium - Justice In The Military, Maine Law Review
Maine Law Review
In writing the traditional law review lead article the author is expected to give fair consideration to opposing viewpoints in his analysis. Fairness becomes more difficult to achieve when the nature of the topic is highly controversial and engenders deeply conflicting viewpoints. Military justice is such a topic, and the symposium format was chosen as an appropriate vehicle for consideration of this subject. However, the symposium is conducive to a form of advocacy not expected in a lead article standing alone. This fact places the burden on the reader to consider a particular viewpoint not in the context of a …
Editorial - Edward Settle Godfrey Iii, Maine Law Review
Editorial - Edward Settle Godfrey Iii, Maine Law Review
Maine Law Review
The old University of Maine College of Law, founded in 1898, was one of the better law schools in the United States in its time. Several very able and distinguished men served on the school's faculty. Many graduates became renowned as judges and lawyers and the students published a law review of considerable merit. In the final issue (1920) of the old Maine Law Review an editorial expressed grave shock and disappointment at the decision to close the College of Law. Throughout the editorial, nonetheless, ran a note of optimism, an expression of hope that the school might soon thereafter …
An Extra-Textual Analysis: Bell V. Wilkinsburg School District, Kevin R. Brinker
An Extra-Textual Analysis: Bell V. Wilkinsburg School District, Kevin R. Brinker
Widener Commonwealth Law Review
No abstract provided.
Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash
Distancing From Precedent & Procedures In Favor Of An Uninformed Public: A Survey Of Energy Transfer V. Friedman, Gina R. Salash
Widener Commonwealth Law Review
No abstract provided.
Wise V. Huntingdon County Housing Development Corporation: The Expansion Of Pennsylvania Commonwealth Sovereign Immunity Real Estate Exception, Kendyl L. Swank
Wise V. Huntingdon County Housing Development Corporation: The Expansion Of Pennsylvania Commonwealth Sovereign Immunity Real Estate Exception, Kendyl L. Swank
Widener Commonwealth Law Review
No abstract provided.
Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes
Bureaucracy Brawl: A Statutory Standoff Between Pennsylvania's Office Of Attorney General And Department Of Revenue: A Survey Of Synthes Usa Hq, Inc. V. Commonwealth, Nicholas D. Grimes
Widener Commonwealth Law Review
No abstract provided.
Preventing Legislative Abuse Of Lucrative Environmental Resources: A Survey Of Pennsylvania Environmental Defense Foundation V. Commonwealth, Kendra Schleig
Preventing Legislative Abuse Of Lucrative Environmental Resources: A Survey Of Pennsylvania Environmental Defense Foundation V. Commonwealth, Kendra Schleig
Widener Commonwealth Law Review
No abstract provided.
Charter School Accountability In Multiple School Consolidation: Propel Charter Schools V. School District Of Pittsburgh, Robyn S. St. Hilaire
Charter School Accountability In Multiple School Consolidation: Propel Charter Schools V. School District Of Pittsburgh, Robyn S. St. Hilaire
Widener Commonwealth Law Review
No abstract provided.
The Application Of Economic Nexus To State And Local Gross Receipts Taxes: Applying Wayfair To Pennsylvania's Mercantile And Business Privilege Tax, Nicholas D. Grimes
The Application Of Economic Nexus To State And Local Gross Receipts Taxes: Applying Wayfair To Pennsylvania's Mercantile And Business Privilege Tax, Nicholas D. Grimes
Widener Commonwealth Law Review
No abstract provided.