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Articles 1 - 26 of 26
Full-Text Articles in Law
The Sec's Fight To Stop District Courts From Declaring Its Hearings Unconstiutional, Linda Jellum
The Sec's Fight To Stop District Courts From Declaring Its Hearings Unconstiutional, Linda Jellum
Articles
Can the Securities and Exchange Commission (SEC) unilaterally deny a United States citizen the right to challenge the constitutionality of the agency's administrative hearings in district court? The SEC thinks so, but it makes no sense for these constitutional challenges to be brought in the very proceeding that allegedly, and likely, violates the U.S. Constitution. The appellate courts mostly agreed with the SEC, until recently when the Fifth Circuit held that the district courts should hear these claims. Given this circuit split, this issue will soon reach the Supreme Court, making this Article extremely timely. The Securities Exchange Act of …
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Zealous Administration: The Deportation Bureaucracy, Geoffrey Heeren
Articles
An agency's culture shapes its lawmaking. Under certain conditions, agency culture dominates decision-making so strongly that it mutes the influence of those factors that administrative law scholars have traditionally focused on including presidential will, judicial oversight, internal resistance, and public opinion. We call this undertheorized phenomenon "zealous administration." The immigration enforcement bureaucracy has vast discretion to remove unauthorized immigrants from the United States. Current immigration policies-such as indiscriminate deportation, family separation, and harsh detention-represent the most prominent example of zealous administration in the federal government. This Article focuses on that bureaucracy to plumb the causes and effects of zealous administration …
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
You're Fired: Why The Alj Multi-Track Dual Removal Provisions Violate The Constitution And Possible Fixes, Linda Jellum
Articles
No abstract provided.
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum
Articles
Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Local Environmental Regulation In The Mountain West, Stephen R. Miller
Articles
This article takes the opportunity to reflect upon the rapid rise and maturation of local environmental regulation in the Mountain West, which has been one of the country’s fastest growing regions in the last twenty-five years. Section I of this article first offers several reasons why local environmental regulation has become popular over the past several decades in the Mountain West. The article then explores several of the key forms of local environmental regulation to emerge. Section II focuses on those local environmental regulations that address living with and preserving access to the natural environment, both of which are among …
Regulation Of Teacher Certification In Idaho: Proceedings Before Idaho's Professional Standards Commission Covering The Denial Of An Application For Or Action Against A Teaching Certificate, John E. Rumel
Articles
No abstract provided.
Medicaid Planning In Idaho, John A. Miller
First Principles For Regulating The Sharing Economy, Stephen R. Miller
First Principles For Regulating The Sharing Economy, Stephen R. Miller
Articles
This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the short-term rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes …
First Principles For Regulating The Sharing Economy, Stephen R. Miller
First Principles For Regulating The Sharing Economy, Stephen R. Miller
Articles
This Article posits ten first principles on which a regulatory response to the sharing economy must rest. Given the rapid diversification of products in the sharing economy, this Article gives particular focus to the short-term rental market, typified by Airbnb, as one lens through which to illustrate these principles. This Article then turns to review existing regulatory responses to the sharing economy. Here again, the Article focuses on regulations related to the shortterm rental market with a particular emphasis on the two strictest, existing local government regulatory structures: those of San Francisco, California and Portland, Oregon. This Article next proposes …
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Idaho Administrative Law: A Primer For Students And Practitioners, Richard Henry Seamon
Articles
No abstract provided.
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller
Medicaid Spend Down, Estate Recovery And Divorce: Doctrine, Planning, And Policy, John A. Miller
Articles
Medicaid is the need-based government program that pays for much of the health care for the poor in the United States. Medicaid often ends up paying the costs of nursing home care for middle-class seniors who have descended into poverty as a result of the high costs of such care. For married couples, Medicaid requires a “spend down” of both spouses’ assets before one spouse can qualify for Medicaid support. This Article posits that, unless the law is changed, divorce may well become standard Medicaid planning practice in many circumstances. This will be especially true for middle and upper-middle-class married …
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Medicaid Planning For Long-Term Care: California Style, John A. Miller
Articles
No abstract provided.
Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum
Judge Wald And Justice Scalia Dance The Chevron Two-Step, Linda Jellum
Articles
No abstract provided.
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
A Textualist Approach To Purposivism In The Regulatory Arena, Linda Jellum
Articles
No abstract provided.
Achieving Regulatory Reform By Encouraging Consensus, Richard Henry Seamon
Achieving Regulatory Reform By Encouraging Consensus, Richard Henry Seamon
Articles
No abstract provided.
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
The Impact Of The Rise And Fall Of Chevron On The Executive's Power To Make And Interpret Law, Linda Jellum
Articles
The Supreme Court's willingness to defer to agency interpretations of ambiguous statutes has vacillated over the past seventy years. The Court's vacillation has dramatically impacted the executive 's power to make and interpret law. This Article examines how the Court augmented then constricted executive lawmaking power and ceded then reclaimed executive interpretive power with a single case and its legal progeny. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and its aftermath dramatically altered the executive's power to make and interpret law. Prior to Chevron, Congress had the primary responsibility for lawmaking, while agencies made policy choices primarily when …
The Appellate Review Model Of Agency Adjudications, Linda Jellum
The Appellate Review Model Of Agency Adjudications, Linda Jellum
Articles
No abstract provided.
The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum
The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum
Articles
No abstract provided.
Heads I Win, Tails You Lose: Reconciling Brown V. Gardner's Presumption That Interpretive Doubt Be Resolved In Veterans' Favor With Chevron, Linda Jellum
Articles
In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the United States Supreme Court held that agencies should determine the meaning of ambiguous statutes. But in the veterans law case Brown v. Gardner, the Supreme Court directed lower courts to resolve interpretive doubt in ambiguous statutes in favor of veterans. Which interpretation controls when a statute is ambiguous-the agency's reasonable interpretation or the veteran's interpretation? To date, none of the courts faced with this conflict have resolved this question clearly or definitively; indeed, the United States Court of Appeals for Veterans Claims recently asked the Supreme Court …
Jettisoning Chevron, Linda Jellum
Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long
Rethinking Regulations: Local Laboratories Inventing A Sustainable Idaho, Jerrold A. Long
Articles
No abstract provided.
Policy Formulation Versus Policy Implementation Under The Magnuson-Stevens Fishery Conservation And Management Act: Crab Rationalization, Richard Henry Seamon
Policy Formulation Versus Policy Implementation Under The Magnuson-Stevens Fishery Conservation And Management Act: Crab Rationalization, Richard Henry Seamon
Articles
The Magnuson-Stevens Fishery Conservation and Management Act (MSA) governs management of fisheries located three to 200 miles off the coast of the United States. The MSA is unique in administrative law in that it devolves policy formulation to eight Regional Fishery Management Councils rather than to a federal agency. That agency, the National Marine Fisheries Service (NMFS), is relegated primarily to developing regulations that implement the councils' policies. NMFS can review the councils' policies only to ensure that they are consistent with existing laws. NMFS has no authority to revise policy to suit its own preferences, or to write regulations …
Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum
Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum
Articles
No abstract provided.
Chenery Ii And The Development Of Federal Administrative Law, Linda Jellum
Chenery Ii And The Development Of Federal Administrative Law, Linda Jellum
Articles
No abstract provided.
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble
Articles
No abstract provided.
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble
Articles
No abstract provided.