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Administrative Law

University of Cincinnati Law Review

2021

Articles 1 - 9 of 9

Full-Text Articles in Law

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel Dec 2021

"You Should Have Known:" The Need For Evidentiary Notice Requirements In Immigration Court, Marisa Moore Apel

University of Cincinnati Law Review

No abstract provided.


The Doctor Will Judge You Now, Blair E. Thompson May 2021

The Doctor Will Judge You Now, Blair E. Thompson

University of Cincinnati Law Review

No abstract provided.


Delegating Immigration Admission Powers To The States, Christian Vanderhooft May 2021

Delegating Immigration Admission Powers To The States, Christian Vanderhooft

University of Cincinnati Law Review

Control over immigration is generally seen as a purely federal power that cannot or should not be exercised by the states. Although some scholars have challenged this assumption, their focus is almost always on the ability of states to regulate (or remove) immigrants who are already within their borders. This Article calls for states to intervene in the immigration process at a much earlier stage. It proposes delegating to the states the power to admit new immigrants into the country by giving states control over the issuance of temporary and permanent visas. States would also be able to buy excess …


Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt Apr 2021

Where's The Meat? A Constitutional Analysis Of Arkansas's Law Prohibiting The Use Of "Meat" Terms On Plant-And Cell-Based Products, Christy Wyatt

University of Cincinnati Law Review

No abstract provided.


Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos Apr 2021

Potus And Pot: Why The President Could Not Legalize Marijuana Through Executive Action, Robert Mikos

University of Cincinnati Law Review

No abstract provided.


Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel Apr 2021

Where's The Beef?: A Guide To Judges On Preemption Of State Tort Litigation Involving Branded Drugs, Victor E. Schwartz, Christopher E. Appel

University of Cincinnati Law Review

No abstract provided.


On American Demagoguery To National Security, Jennifer Brumfield Feb 2021

On American Demagoguery To National Security, Jennifer Brumfield

University of Cincinnati Law Review

No abstract provided.


Revolving Doors - We Got It Backwards, Hadar Yoana Jabotinsky Dr. Feb 2021

Revolving Doors - We Got It Backwards, Hadar Yoana Jabotinsky Dr.

University of Cincinnati Law Review

The revolving door phenomenon, in which senior public officials transfer from the public service to the private sector after finishing their term as public officials, and vice versa, is widespread. This gives rise to concern of regulatory capture, which happens when the regulators respond to the wishes of strong interest groups, such as the regulated industry, instead of protecting the interests of the general public. The solution is usually found in conflict-of-interest rules which set cooling-off periods for individuals moving from the public to the private sector. This paper proposes that although revolving doors do incur some costs, they also …


Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster Feb 2021

Populism And Transparency: The Political Core Of An Administrative Norm, Mark Fenster

University of Cincinnati Law Review

Transparency has become a preeminent administrative norm with unimpeachable status as a pillar of democracy. But the rise of right-wing populism, reminiscent of older forms of militaristic authoritarianism, threatens transparency’s standing. Recently elected governments in Europe, Latin America, and North America represent a counter-movement away from liberal-democratic institutions that promote the visibility and popular accountability that transparency promises. Contemporary populist movements have not, however, entirely rejected it as an ideal. The populist rebuke of power inequities and its advocacy for popular sovereignty implicitly and sometimes explicitly include a demand for a more visible, accessible state. Populists’ seemingly hypocritical embrace of …