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Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
No abstract provided.
Paul Clement And The State Of Conservative Legal Thought, Sam Singer
Paul Clement And The State Of Conservative Legal Thought, Sam Singer
Sam Singer
If 2011 is remembered as the year the states stood up to the Obama Administration and its bold vision of federal power, Paul Clement will be remembered as the lawyer they chose to make their case to the Supreme Court. In addition to the healthcare challenge, Clement appeared on behalf of Arizona in defense of the State’s sweeping new immigration law and helped Texas defend its new electoral map against interference from the federal courts. Along the way, he became the go-to lawyer for the states’ rights cause--a “shadow Solicitor General” leading the states in their push to reclaim power …
State Constitutional Prohibitions On Special Laws, Justin R. Long
State Constitutional Prohibitions On Special Laws, Justin R. Long
Justin R Long
Since the nineteenth century, most states have had constitutional clauses prohibiting “special laws.” These clauses were ratified to protect the people of each state from domination by narrow economic elites, who would use their economic power to win grants of privilege from the state legislatures. To fight the corrupt favors garnered by private interests in this way, state constitutional drafters wrote clauses requiring their legislatures to pass only “general” laws that would apply equally to all members of the regulated class. For a brief period, these clauses were enforced in the courts—but more to protect economic elites than the democratic …
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances where agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of resistance …
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
The Right To Remain Silent: Addressing A Government Attorney Client Privilege In The Context Of A Grand Jury Subpoena, Matan Shmuel
Matan Shmuel
This article deals with the circuit split over whether a government agency can use government attorneys to conceal what would otherwise become public information. Often, a government agency representative might discuss with nearby agency counsel personal legal information outside the scope of their employment. Courts are split over whether this is privileged or not. My article proposes a solution to the split by implementing a factor test which takes into account the government interest in confidentiality, the public need for disclosure, and the ability of the grand jury to find the information elsewhere.
Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey
Why Arizona Senate Bill 1070 Is Constitutional And Not Preempted By Federal Law, Calvin Lionel Lewis, David Strange, Michael Blake Downey
Calvin L. Lewis
WHY ARIZONA SENATE BILL 1070 IS CONSTITUTIONAL AND NOT PREEMPTED BY FEDERAL LAW ABSTRACT On April 23, 2010, Arizona Governor Janet Brewer signed into law a bill titled the “Support Our Law Enforcement and Safe Neighborhoods Act,” commonly referred to as “SB 1070.” The law was designed to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” This law, along with a set of amendments, set off a firestorm of controversy nationwide, including street protests, economic boycotts, court challenges, and political posturing. The controversy centers around the broad …
The Machiavellian President And How American Intelligence Coupled With National Security Has Made It Possible, Leslie B. Mclemore Ii
The Machiavellian President And How American Intelligence Coupled With National Security Has Made It Possible, Leslie B. Mclemore Ii
Leslie B McLemore II
No abstract provided.