Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law (14)
- Executive Power (4)
- Constitutional Law (3)
- Due Process of Law (3)
- Charles H. Koch Jr. (2)
-
- Chevron U.S.A. (2)
- Inc. v. Natural Resources Defense Council (467 U.S. 837 (1984)) (2)
- Separation of Powers (2)
- United States Constitution 4th Amendment (2)
- Administrative Discretion (Law) (1)
- Administrative Law Judges (1)
- Administrative Procedure Act (1)
- Administrative Searches (1)
- American Correctional Association (1)
- Artificial intelligence (1)
- Automation of public administration (1)
- City of Arlington v. FCC (133 S. Ct. 1863 (2013)) (1)
- Delegation of Powers (1)
- Deportation (1)
- Donald Trump (1)
- Executive-Legislative Relations (1)
- Free Enterprise Fund v. Public Company Accounting Oversight Board (130 S. Ct. 3138 (2010)) (1)
- Government Agencies (1)
- Government agencies (1)
- Immigrants (1)
- Immigration Courts (1)
- Immigration Law (1)
- Immigration Policy (1)
- Institutional Racism (1)
- Judicial Review of Administrative Acts (1)
Articles 1 - 18 of 18
Full-Text Articles in Law
Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella
Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella
William & Mary Bill of Rights Journal
Filing tax returns or applying for unemployment benefits are some of the most common government transactions. Yet interacting with tax and social security authorities is for many a source of government anxiety. Bureaucracy, regulatory delays, and the complexity of the administrative legal system have been regarded for decades as the key reasons for this problem. Digital government promised a solution in the shape of simplified forms, electronic filing, and better communication with citizens. In the United States, privately developed software systems such as TurboTax and MiDAS emerged as intermediaries between citizens and digital government, selling convenience and efficiency. These systems …
All The Sovereign's Agents: The Constitutional Credentials Of Administration, Kate Jackson
All The Sovereign's Agents: The Constitutional Credentials Of Administration, Kate Jackson
William & Mary Bill of Rights Journal
[...] This Article suggests that agency institutions should be measured against the notion that popular sovereignty demands not consensus and consent, but instead institutions that permit citizens to understand themselves as coequal participants in the collective decision-making process.
Part I situates administrative agencies in an understanding of liberal democratic constitutionalism that eschews outmoded notions of popular sovereignty and natural law. It will then explain how adequately conceived notions of the separation of powers and the rule of law cannot serve as indefeasible objections to administration. Part II makes a positive case for agency authority by drawing from the insights gained …
"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson
"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson
William & Mary Bill of Rights Journal
Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed, …
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
William & Mary Bill of Rights Journal
In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
William & Mary Bill of Rights Journal
Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …
Arbitrary Arbiters: Evaluating The Right To Be Informed Of Eligibility For Discretionary Relief In Removal Proceedings, Michael Jordan
Arbitrary Arbiters: Evaluating The Right To Be Informed Of Eligibility For Discretionary Relief In Removal Proceedings, Michael Jordan
William & Mary Bill of Rights Journal
No abstract provided.
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
When Influence Encroaches: Statutory Advice In The Administrative State, William C. Hudson
William & Mary Bill of Rights Journal
This Article revisits the D.C. Circuit’s 1993 decision in FEC v. NRA Political Victory Fund, and concludes that the separation of powers reasoning applied in NRA Political Victory Fund could invalidate other common practices in the administrative state, such as statutory requirements that Executive Branch officers serve on the boards of corporations created and staffed by Congress.
Jury Review Of Administrative Action, John F. Duffy
Jury Review Of Administrative Action, John F. Duffy
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
Administrative Judges And Agency Policy Development: The Koch Way, Ronald M. Levin
William & Mary Bill of Rights Journal
Among the creative contributions that the late Charles H. Koch, Jr., made to administrative law thinking was his exploration of the present and potential role of administrative judges as policymakers. Charles stood in firm opposition to recent trends that, in his view, had served to strengthen the policymaking role of administrative judges at the expense of agency heads. He insisted that ultimate control over the policy direction of a program should rest with the officials who have been appointed to administer that program. While adhering to this baseline, however, Charles gravitated over time toward a nuanced view that sought to …
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
The Last Should Be First—Flip The Order Of The Chevron Two-Step, Richard Murphy
William & Mary Bill of Rights Journal
No abstract provided.
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
Chevron And The Legitimacy Of "Expert" Public Administration, Sidney Shapiro, Elizabeth Fisher
William & Mary Bill of Rights Journal
No abstract provided.
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
Charles Koch, Jr. — The Casebook And The Scholarship, William S. Jordan Iii
William & Mary Bill of Rights Journal
No abstract provided.
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
Deadly Drones, Due Process, And The Fourth Amendment, William Funk
William & Mary Bill of Rights Journal
No abstract provided.
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
An Essay On Due Process And The Endowment Effect, Paul R. Verkuil
William & Mary Bill of Rights Journal
No abstract provided.
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
Administrative Searches, Technology And Personal Privacy, Russell L. Weaver
William & Mary Bill of Rights Journal
No abstract provided.
Private Standards Organizations And Public Law, Peter L. Strauss
Private Standards Organizations And Public Law, Peter L. Strauss
William & Mary Bill of Rights Journal
Simplified, universal access to law is one of the important transformations worked by the digital age. With the replacement of physical by digital copies, citizens ordinarily need travel only to the nearest computer to find and read the texts that bind them. Lagging behind this development, however, has been computer access to standards developed by private standards development organizations, often under the umbrella of the American National Standards Institute (ANSI), and then converted by agency actions incorporating them by reference into legal obligations. To discover what colors the Occupational Safety and Health Administration (OSHA) requires for use in work-place caution …
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
On Candor, Free Enterprise Fund, And The Theory Of The Unitary Executive, Michael J. Gerhardt
William & Mary Bill of Rights Journal
No abstract provided.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
William & Mary Bill of Rights Journal
No abstract provided.