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Neither Safe, Nor Legal, Nor Rare: The D.C. Circuit’S Use Of The Doctrine Of Ratification To Shield Agency Action From Appointments Clause Challenges, Damien M. Schiff
Neither Safe, Nor Legal, Nor Rare: The D.C. Circuit’S Use Of The Doctrine Of Ratification To Shield Agency Action From Appointments Clause Challenges, Damien M. Schiff
Seattle University Law Review
Key to the constitutional design of the federal government is the separation of powers. An important support for that separation is the Appointments Clause, which governs how officers of the United States are installed in their positions. Although the separation of powers generally, and the Appointments Clause specifically, support democratically accountable government, they also protect individual citizens against abusive government power. But without a judicial remedy, such protection is ineffectual—a mere parchment barrier.
Such has become the fate of the Appointments Clause in the D.C. Circuit, thanks to that court’s adoption—and zealous employment—of the rule that agency action, otherwise unconstitutional …
Civil Procedure: The Court Stepping Into Education—Cruz-Guzman V. State, 916 N.W.2d 1 (Minn. 2018)., Morgan Richie
Civil Procedure: The Court Stepping Into Education—Cruz-Guzman V. State, 916 N.W.2d 1 (Minn. 2018)., Morgan Richie
Mitchell Hamline Law Review
No abstract provided.
Standing Up For Legislators: Reevaluating Legislator Standing In The Wake Of Kerr V. Hickenlooper, William D. Gohl
Standing Up For Legislators: Reevaluating Legislator Standing In The Wake Of Kerr V. Hickenlooper, William D. Gohl
Northwestern University Law Review
Hornbook constitutional law establishes that Congress and state legislatures are bodies of limited, enumerated powers, and common sense suggests they should get their act together and exercise them more often. But should legislators be permitted to sue in order to exercise their powers when another branch of government infringes on them unconstitutionally, or the body they represent unconstitutionally limits them? This Note argues that, at least in certain circumstances, they should. Following on the heels of the Tenth Circuit’s recent treatment of the issue in its Kerr v. Hickenlooper decisions, this Note proposes a redefinition of the legislator standing doctrine …
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Michigan Law Review
In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …