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Articles 31 - 60 of 7244
Full-Text Articles in Law
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee
Brooklyn Law Review
Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …
Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto
Res Judicata And Multiple Disability Applications: Fulfilling The Praiseworthy Intentions Of The Fourth And Sixth Courts, Amber Mae Otto
Vanderbilt Law Review
In the United States, the application process to receive disability benefits through the Social Security Administration is often a tedious, multistep procedure. The process becomes even more complex if a claimant has filed multiple disability applications covering different time periods. In that circumstance, the question arises as to whether an administrative law judge hearing a claimant’s second application must make the same findings as the administrative law judge who heard the first application. In other words, how should res judicata function in the administrative law context when a claimant has filed for disability multiple times? Currently, circuits differ on this …
Barring Judicial Review, Laura E. Dolbow -- Sharswood Fellow
Barring Judicial Review, Laura E. Dolbow -- Sharswood Fellow
Vanderbilt Law Review
Whether judicial review is available is one of the most hotly contested issues in administrative law. Recently, laws that prohibit judicial review have sparked debate in the Medicare, immigration, and patent contexts. These debates are continuing in challenges to the recently created Medicare price negotiation program. Yet despite debates about the removal of judicial review, little is known about how often, and in what contexts, Congress has expressly precluded review. This Article provides new insights about express preclusion by conducting an empirical study of the U.S. Code. It creates an original dataset of laws that expressly preclude judicial review of …
“Major” Challenges For Lower Courts: Inconsistent Applications Of The Major Questions Doctrine In Lower Courts After West Virginia V. Environmental Protection Agency, Sarah A. Schmoyer
“Major” Challenges For Lower Courts: Inconsistent Applications Of The Major Questions Doctrine In Lower Courts After West Virginia V. Environmental Protection Agency, Sarah A. Schmoyer
Fordham Law Review
Under the major questions doctrine, an agency requires clear congressional authorization to regulate on an issue of major national significance. Although a version of the doctrine has existed for several years, its rise in importance is recent. The U.S. Supreme Court invoked the doctrine by name for the first time in 2022 in West Virginia v. Environmental Protection Agency, warning that in certain “extraordinary cases,” the “history and the breadth” and the “economic and political significance” of the agency action may “provide a reason to hesitate” before accepting the agency’s authority. West Virginia has since inspired a wave of …
Ending Exemption 5 Expansion: Toward A Narrower Interpretation Of Foia’S Exemption For Inter- And Intra-Agency Memorandums, Ryan W. Miller
Ending Exemption 5 Expansion: Toward A Narrower Interpretation Of Foia’S Exemption For Inter- And Intra-Agency Memorandums, Ryan W. Miller
Fordham Law Review
The Freedom of Information Act (FOIA) creates a judicially enforceable right to access almost any record that a federal agency creates or obtains. Its crafters aimed to strike a careful balance in promoting disclosure of government records to increase transparency while still protecting the confidentiality of certain information. Although any person can request an agency record, FOIA’s nine exemptions allow agencies to withhold records if certain conditions are met. 5 U.S.C. § 552(b)(5) permits agencies to withhold “inter-agency or intra-agency memorandums or letters” that would normally be privileged in civil discovery. Through this exemption, Congress sought to prevent FOIA from …
The Administrative State And Artificial Intelligence: Toward An Internal Law Of Administrative Algorithms, Amit Haim
UC Irvine Law Review
The administrative state is gradually embracing artificial intelligence (AI) algorithms. The advent of the so-called automated state has raised concerns over accountability, transparency, and fairness and engendered proposals for legal regulation. Yet the notion that algorithms are not merely technical instruments but encode social behavior embedded in a bureaucratic context has largely been missing from the discourse. This Article identifies algorithms as sociotechnical systems embedded in an organizational context, which can function as bureaucratic governance instruments. It argues that external legal institutions, whether legislative endeavors or judicial review, lack the capacity, insight, and perspective to achieve meaningful accountability in reviewing …
Wyoming V. Environmental Protection Agency, Ayden D. Auer
Wyoming V. Environmental Protection Agency, Ayden D. Auer
Public Land & Resources Law Review
Wyoming v. EPA consolidated two petitions for review of a portion of Wyoming’s plans to reduce visibility impacts from two powerplants, Wyodak and Naughton. First, the Tenth Circuit held EPA was incorrect to disapprove Wyoming’s best available retrofit technology determination for Wyodak because EPA based its disapproval on noncompliance with guidelines that are optional to determine the best available retrofit technology for Wyodak. These same guidelines are nonbinding on Naughton as well, and the court held the petitioners failed to persuade the court that EPA’s approval of Naughton was arbitrary and capricious because the petitioners did not establish why Wyoming’s …
From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion
From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion
Washington Law Review
In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its …
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
From Crypto Wild West To Regulated Frontier: Unleashing The Potential Of Blockchain Technology, Pawan Jain
West Virginia Law Review
The emergence of blockchain technology has transformed the financial landscape in many ways. From creating new cryptocurrencies to facilitating decentralized exchanges and smart contracts, blockchain has the potential to disrupt traditional financial institutions and reshape the way we conduct business. However, the adoption of blockchain technology has also raised concerns about its potential risks and challenges, such as its susceptibility to fraud, market manipulation, and money laundering. These concerns have led to calls for regulating blockchain technology to mitigate these risks and ensure the integrity and stability of financial markets. Recent collapses in the crypto market caused by the bankruptcy …
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
Just How Paternalistic Is The Va? An Examination Of The Non-Adversarial" Veterans' Benefits System, Nino C. Monea
West Virginia Law Review
The veterans’ benefits system often describes itself as non-adversarial, meaning that the government is supposed to work with the claimant to provide them all benefits they are entitled to, rather than fighting to minimize what they receive. True enough, there are many unique features of the system that help veterans. But many of these features do not work as intended, and rules have developed at all stages that make it harder for veterans to recover. Moreover, as with any human institution, staff fall short, offices get overwhelmed, and gross delays pile up. This Article surveys the numerous ways that the …
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?, Jennifer Hill
Jarkesy V. Sec: Are Federal Courts Pushing The U.S. Toward The Next Financial Crisis?, Jennifer Hill
Pepperdine Law Review
In the wake of both the Great Depression and the Financial Crisis of 2008, Congress established and expanded the powers of the Securities and Exchange Commission (SEC). As part of this expansion, the SEC in-house administrative proceedings, designed to adjudicate SEC violations before the SEC’s administrative law judges (ALJs), were born. These in-house proceedings have faced multiple constitutional attacks in the past decade. In the most recent iteration of such challenges, Jarkesy v. SEC, the Fifth Circuit held that the SEC’s in-house proceedings were unconstitutional on three grounds: (1) the in-house proceedings deprived petitioners of their constitutional right to jury …
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler
Villanova Environmental Law Journal
No abstract provided.
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Gray Areas In Green Claims: Why Greenwashing Regulation Needs An Overhaul, Valerie J. Peterson
Villanova Environmental Law Journal
No abstract provided.
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Can We Really Be The Change We Wish To See? The Inherent Limitations Of Citizen Suits In Remedying Environmental Injustice Under The Clean Air Act, Alexandra M. George
Villanova Environmental Law Journal
No abstract provided.
Sackett V. Environmental Protection Agency, Meridian Wappett
Sackett V. Environmental Protection Agency, Meridian Wappett
Public Land & Resources Law Review
In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …
Arizona V. Navajo Nation, Sarah K. Yarlott
Arizona V. Navajo Nation, Sarah K. Yarlott
Public Land & Resources Law Review
Arizona v. Navajo Nation clarified the United States’ trust duties to protect tribal water rights under the Winters doctrine and the 1868 Treaty with the Navajo. Under the Winters doctrine, Indian reservations are permanent homes that include an implicit reservation of water rights. However, Winters did not elaborate on the United States’ role in securing those rights. In Navajo Nation, the Court settled whether the United States has an implied duty under its trust obligations to take affirmative steps in securing water rights for tribes; the Court held no such implied duty exists.
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
How Can You Tell If There Is A Crisis? Data And Measurement Challenges In Assessing Jury Representation, Mary R. Rose, Marc A. Musick
Chicago-Kent Law Review
No abstract provided.
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Race, Peremptory Challenges, And State Courts: A Blueprint For Change, Nancy S. Marder
Chicago-Kent Law Review
No abstract provided.
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Judges, Lawyers, And Willing Jurors: A Tale Of Two Jury Selections, Barbara O'Brien, Catherine M. Grosso
Chicago-Kent Law Review
No abstract provided.
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Beacons Of Democracy? A Worldwide Exploration Of The Relationship Between Democracy And Lay Participation In Criminal Cases, Sanja K. Ivkovic, Valarie P. Hans
Chicago-Kent Law Review
No abstract provided.
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
The Arrival Of The Civil Jury In Argentina: The Case Of Chaco, Shari S. Diamond, Valarie P. Hans, Natali Chizik, Andres Harfuch
Chicago-Kent Law Review
No abstract provided.
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
The Hybridization Of Lay Courts: From Colombia To England And Wales, Jeremy Boulanger-Bonnelly
Chicago-Kent Law Review
No abstract provided.
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Lay Participation Reform In China: Opportunities And Challenges, Zhiyuan Guo
Chicago-Kent Law Review
No abstract provided.
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Virtual Technology And The Changing Rituals Of Courtroom Justice, Meredith Rossner, David Tait
Chicago-Kent Law Review
No abstract provided.
Democratic Erosion And The United States Supreme Court, Jenny Breen
Democratic Erosion And The United States Supreme Court, Jenny Breen
Utah Law Review
For many decades, confidence in American institutions and political culture consistently led scholars to sideline questions about “regime change” in the United States. And for many years, that approach seemed justified. Democratic institutions were firmly rooted and stable, and American voters participated in free and fair elections that resulted in the peaceful transfer of power between parties and candidates. Then came the campaign of Donald Trump and all that has followed since, including open challenges to the most basic and fundamental democratic norms. These changes have led many voters, commentators, and scholars to ask: Is democracy eroding in the United …
Responding To Alternatives, Daniel T. Deacon
Responding To Alternatives, Daniel T. Deacon
Michigan Law Review
This Article is the first to comprehensively analyze administrative agencies’ obligation to respond to alternatives to their chosen course of action. The obligation has been around at least since the Supreme Court’s decision in Motor Vehicle Manufacturers Ass’n of the United States, Inc. v. State Farm, and it has mattered in important cases. Most recently, the Supreme Court invoked the obligation as the primary ground on which to invalidate the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals (DACA) program. The obligation to respond to alternatives is also frequently invoked in the lower courts and in the …
The Problem Of Extravagant Inferences, Cass Sunstein
The Problem Of Extravagant Inferences, Cass Sunstein
Georgia Law Review
Judges and lawyers sometimes act as if a constitutional or statutory term must, as a matter of semantics, be understood to have a particular meaning, when it could easily be understood to have another meaning, or several other meanings. When judges and lawyers act as if a legal term has a unique semantic meaning, even though it does not, they should be seen to be drawing extravagant inferences. Some constitutional provisions are treated this way; consider the idea that the vesting of executive power in a President of the United States necessarily includes the power to remove, at will, a …