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Administrative Law

Chicago-Kent Law Review

Executive theory

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Articles 1 - 5 of 5

Full-Text Articles in Law

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw Apr 2020

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.


Civil Servant Alarm, Bijal Shah Apr 2020

Civil Servant Alarm, Bijal Shah

Chicago-Kent Law Review

Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.


Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz Apr 2020

Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz

Chicago-Kent Law Review

No abstract provided.


The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk Apr 2020

The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk

Chicago-Kent Law Review

No abstract provided.


Prosecutors At The Periphery, Peter M. Shane May 2019

Prosecutors At The Periphery, Peter M. Shane

Chicago-Kent Law Review

Contrary to so-called unitary executive theory, Article II does not guarantee presidents the power to control federal criminal prosecution, a supervisory role Congress has placed by statute with the Attorney General. Nor is Congress without authority to protect federal prosecutors from policy-based dismissals. Rule-of-law values embodied in our system of checks and balances could alone justify these conclusions. But the same conclusions follow also from close attention to the entirety of the relevant constitutional text and from an understanding of how the Founding generation would have understood the relationship between executive power and criminal prosecution. In contemplating the newly proposed …