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Articles 1 - 6 of 6
Full-Text Articles in Law
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Think Of An Elephant? Tweeting As "Framing" Executive Power, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Adrenaline Of Excellence: The Career Of Judge Gerald Bruce Lee, Claudio Grossman, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Fail To Comment At Your Own Risk: Does Issue Exhaustion Have A Place In Judicial Review Of Rules?, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
The classic version of the exhaustion-of-remedies requirement generally requires a party to go through all the stages of an administrative adjudication before going to court. However, the doctrine has developed a new permutation, covering situations where a petitioner for judicial review did follow all the steps of the administrative appeals process, but had failed to raise in that process the issues now sought to be litigated in court. In those cases, which have been called “issue exhaustion” cases, the thwarted petitioner will likely be out of luck since normally there is no further opportunity to raise the issue at the …
Political Question Disconnects, Elizabeth Earle Beske
Political Question Disconnects, Elizabeth Earle Beske
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Court Capture, Jonas Anderson
Court Capture, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Capture — the notion that a federal agency can become controlled by the industry the agency is supposed to be regulating — is a fundamental concern for administrative law scholars. Surprisingly, however, no thorough treatment of how capture theory applies to the federal judiciary has been done. The few scholars who have attempted to apply the insights of capture theory to federal courts have generally concluded that the federal courts are insulated from capture concerns.
This Article challenges the notion that the federal courts cannot be captured. It makes two primary arguments. As an initial matter, this Article makes the …