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- Keyword
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- Administrative Law; Chevron Deference; West Virginia v. Environmental Protection Agency; Administrative State; Climate Change; Climate Policy; Environmental Protection Agency; Clean Air Act; Congressional Intent; Congressional Authority; Major Questions Doctrine; Chevron USA (1)
- Department of Corrections and Community Supervision; prison package ban; incarcerated; incarceration; prison rules; administrative directive; prison policy; policymaking; public accountability; constitutional rights; coalition; organizing; movement law; prison strikes; jailhouse lawyering; community organizing; abolition; prison abolition; reform (1)
- Inc. v. Natural Resources Defense Council; Regulation; Rulemaking; ACE Rule; Biden v. Nebraska; Congressional Nullification (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Journal of Law and Policy
In recent decades, climate change events have surged in both frequency and intensity. Paradoxically, the most vulnerable and economically disadvantaged states, despite contributing the least to global emissions, face the gravest consequences. Developed nations, despite their wealth of resources, have consistently failed to act in the face of this crisis. For example, the recent United States Supreme Court Decision, West Virginia v. Environmental Protection Agency, limited the administrative state’s rulemaking authority and thus, its ability to enact necessary climate policy. This decision, based in the infamous “major questions doctrine,” asserts that administrative agencies must have explicit authority from Congress when …
Studying The Whole Package: The Implications Of Movement Law For Correctional Policymaking, Steph Pettit
Studying The Whole Package: The Implications Of Movement Law For Correctional Policymaking, Steph Pettit
Journal of Law and Policy
The New York State Department of Corrections and Community Supervision 2022 prison package ban placed strict limits on the quantity and quality of care packages that people incarcerated in the state’s prisons can receive. The ban is reflective of the myriad ways in which the movements, associations, and activities of incarcerated individuals are tightly controlled by prison rules and administrative directives. Despite the severe impacts that prison policies have on incarcerated people and their loved ones, neither administrative procedure nor the courts provide significant opportunities for incarcerated people to effectively contest prison policy. State administrative directives are immune to public …