Law Commons^™

Cover, Table Of Contents & Masthead, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …

Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …

Legal Summaries Of Administrative Law Cases, Keyana Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

The Modern Energizer Bunny - Hopping Into The Nuclear Energy Revolution: The Tenth Circuit's Analysis In New Mexico Ex Rel. Balderas V. U.S. Nuclear Regulatory Commission, Jack A. Mansur

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Leading The Way: The Ninth Circuit Orders Reconsideration Of Lead-Based Paint Hazard Regulations In A Community Voice V. Environmental Protection Agency, Bae-Corine Schulz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Houston, We Have A Problem: The D.C. Circuit Closes Pathway To National Judicial Review In Sierra Club V. Environmental Protection Agency, Alison O. Moyer

Villanova Environmental Law Journal (1991 - )

No abstract provided.

6ppd-Q, Tires, And Salmon, Oh My: Policies And Remedies For Tribes In The Acute Mortality Of Coho Salmon In The Puget Sound Region., Meralina Morales

American Indian Law Journal

The pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]

The scientific foundations of 6PPD-q's impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This …

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Appeal No.1023: Genesis Resources, Llc & National American Insurance Co. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-319 Gant Florence/ Ohio Power Co. 17-69

Jordanian Constitutional Judiciary’S Oversight Of Discretionary Powers Exercised By Legislator When Regulating Constitutional Rights And Freedoms: A Comparative Study, Dr. Shatha A. Al-Assaf

UAEU Law Journal

When regulating constitutional rights and freedoms, the legislator exercises discretion by choosing between the available alternatives to establish legal regulations that enable exercising and protecting them. While doing so, the legislator seeks to strike a balance between rights and freedoms, in a manner that guarantees the public interest. The constitutions have established set controls to ensure that the essence of constitutional rights and freedoms is maintained and that their fundamentals are not violated. Since the constitutional judiciary maintains the provisions of the constitution, this research focuses on the Jordanian constitutional judiciary’s oversight of the discretionary powers exercised by the legislator …

The Right To Refuse To Deal, The Essential Facilities Doctrine, And The Digital Economy, George Sakkopoulos

St. Mary's Law Journal

Various commentators, as well as the 2020 report on competition in digital markets by the majority staff of the House Judiciary Committee, have advocated for the revival of the essential facilities doctrine, especially in the context of the digital economy. This Article examines the three phases in the development of the essential facilities doctrine and the right to refuse to deal—the foundations in the early twentieth century, the contraction of the right to refuse to deal and the expansion of the essential facilities doctrine in the mid-twentieth century, and the revival of the right to refuse to deal and the …

Sacramento Suburban Water District V. 3m Co., Loui E. Amos

Public Land & Resources Law Review

Per- and polyfluoroalkyl substances (“PFAS”), popularly known as “forever chemicals,” have seeped into drinking water supplies across the country. Almost all Americans have an accumulation of these substances in their blood, creating serious health risks. This exposure has created a vast unknown liability for the manufacture of these chemicals. But who should pay for the remediation of the water supply and the health effects of PFAS exposure? Mass toxic tort litigation has become ineffective, with jurisdictional hurdles and defendants’ creative techniques to sidestep judgments, such as corporate bankruptcy strategies. This ineffectiveness demonstrates the need for a long-term strategy comprising legislative …

Implied Consent In Administrative Adjudication, Grace Moore

Washington and Lee Law Review Online

Article III of the Constitution mandates that judges exercising the federal judicial power receive life tenure and that their pay not be diminished. Nonetheless, certain forms of adjudication have always taken place outside of Article III—in state courts, military tribunals, territorial courts, and administrative tribunals. Administrative law judges, employed by various federal administrative agencies, decide thousands of cases each year. A vast majority of the cases they decide deal with public rights, which generally include claims involving federal statutory rights or cases in which the federal government is a party. With litigant consent, however, the Supreme Court has upheld administrative …

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Dubious Validity Of The System Of Deportation Arrests, Jack M. Beermann

Faculty Scholarship

Did you ever wonder how it came to be that people suspected of immigration violations are subject to arrest without a judicially issued warrant? That executive branch immigration enforcement officers themselves have the authority to issue enforceable arrest warrants? And further, how it came to be that alleged immigration law violators can be held in prolonged detention without a probable cause hearing before a neutral magistrate of any kind?

When I first encountered this set of related issues, I quickly learned the conventional wisdom, that based on a longstanding tradition and Supreme Court approval, immigration law is an exception to …

Reno-Sparks Indian Colony V. Haaland, William N. Rose

Public Land & Resources Law Review

Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …

The Major Questions Doctrine’S Domain, Todd Phillips, Beau J. Baumann

Brooklyn Law Review

In West Virginia v. EPA, the Supreme Court elevated the major questions doctrine to new heights by reframing it as a substantive canon and clear statement rule rooted in the separation of powers. The academic response has missed two unanswered questions that will determine the extent of the doctrine’s domain. First, how will the Court apply the doctrine to a range of different regulatory schemes? The doctrine has so far only been applied to nationwide legislative rules that are both (1) economically or politically significant and (2) transformative. It is unclear whether the doctrine applies to alternative modes of regulation …

Nationwide Injunctions And The Administrative State, Russell L. Weaver

Brooklyn Law Review

Where an administrative regulation is deemed by a court to be illegal, unconstitutional, or otherwise invalid, courts sometimes issue nationwide injunctions. In other words, instead of holding that the regulation cannot be applied to the individuals before the court, the court prohibits the agency from applying the regulation anywhere in the country, including to others not before the court. This article explores the debate surrounding the appropriateness of nationwide injunctions. While at first glance such injunctions may seem to make sense, they can have serious consequences, including risk of abuse and forum shopping, amplification of erroneous decisions, and the negative …

Agency Deference After Loper: Expertise As A Casualty Of A War Against The “Administrative State”, Michael M. Epstein

Brooklyn Law Review

Chevron deference has been a foundational principle for administrative law for decades. Chevron provided a two-step analysis for determining whether an agency would be given deference in its decision-making. This deferential test finds its legitimacy on the grounds of agency expertise and accountability. However, when the Supreme Court of the United States granted certiorari in Loper Bright Enterprise v. Raimondo, it positioned itself to potentially overrule or severely limit Chevron. An overruling of Chevron would place judicial deference to administrative agency decisions in peril by allowing courts to substitute their own views over the informed opinions of agency experts. This …

Strengthening The Illinois Freedom Of Information Act: Affording The Administrative Enforcement Necessary For Government Transparency And Accountability, Joshua Jenkins

Northern Illinois Law Review Supplement

The Illinois Freedom of Information Act was amended in 2009 to avail a greater level of government transparency. The amendments to the Act have given Illinois some of the transparency the Legislature sought to provide, however, there are some issues with the administrative remedy which have prevented full openness of government information as envisioned. The administrative remedies created to provide oversight of government compliance with the Act have not fully fulfilled their role and reform is needed. This article analyzes the circumstances surrounding the application of the Act as it relates to the public’s interaction with law enforcement. Specifically, this …

Brave New Agency: The Ftc’S Expanded Powers In The Eleventh Circuit, Griffin D. Green

Mercer Law Review

In Aldous Huxley’s seminal novel “Brave New World,” a futuristic society grapples with the consequences of technological advancements and the ethical dilemmas they pose. The Federal Trade Commission (FTC) finds itself in a “Brave New World” of its own, particularly in the Eleventh Circuit. The case FTC v. Simple Health Plans, LLC is a potential watershed moment, redefining the scope and authority of the FTC to impose equitable damages. It serves as a pivotal juncture, not just for the agency, but also for consumer protection laws, monopolistic businesses, and what remedies courts may provide. The decision potentially leads to harsher …

The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters

Faculty Scholarship

The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government’s capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing—administrative agencies—and they devalue what they cannot easily observe. The “submerged” nature of the administrative state is, we argue, a central reason for declining trust in government.

This Article shows that the administrative state is systematically submerged in two ways. First, administrative …

American Handling Of Holocaust Property Takings: What We Can Learn From International Policies, Matthew Franks

Brooklyn Journal of International Law

The Supreme Court decision in Federal Republic of Germany v. Philipp and US enforcement of the Foreign Sovereign Immunities Act have made it extremely difficult for Holocaust survivors and their families to recover lost and stolen property from during the World War II era. Other countries, such as the United Kingdom, France, and Germany, have had great success in this arena through various methods. This Note explores the ways in which US jurisprudence continues to make recovery inaccessible, while highlighting the specific processes these few European countries have created to foster recovery. Finally, this Note argues that the US must …

An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker

Fordham Law Review

Since its inception in 1984, the U.S. Sentencing Commission (the “Commission”) has struggled to garner and maintain a sense of legitimacy among federal judges. The tension is both a story about competing expertise between judges and the Commission and competing values, namely uniformity and individuality. In 1993, the U.S. Supreme Court in Stinson v. United States prioritized uniformity by telling lower courts to treat the Commission as they would any other administrative agency. Lower courts—for the most part—faithfully executed this directive until 2019, when the Supreme Court in Kisor v. Wilkie gave them another option, one that seemed to leave …