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Articles 1 - 30 of 137
Full-Text Articles in Law
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper
Amicus Briefs
Amici write to address the first question presented: whether Chevron should be overruled. Properly understood, it should not. Chevron has been much discussed but not always understood. On the one hand, courts have sometimes misapplied the doctrine or failed to understand its legal foundations. On the other, courts and commentators alike have criticized Chevron, often as a result of such aggressive applications. This case provides an opportunity for the Court to clarify what Chevron does and does not entail, while reaffirming the essential role that judicial recognition of constitutionally delegated policymaking authority plays in federal statutory programs. Many of …
Brief Of Scholars Of Administrative Law And The Administrative Procedure Act As Amici Curiae In Support Of Respondents, Jeffrey Lubbers
Brief Of Scholars Of Administrative Law And The Administrative Procedure Act As Amici Curiae In Support Of Respondents, Jeffrey Lubbers
Amicus Briefs
The principle of judicial deference to agency interpretations of law has been a pillar of this Court's administrative law doctrine for more than a century. This Court's decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), formalized one version of that principle, creating the two-step framework that is now subject to a multifaceted attack. Among other things, Chevron's opponents argue that the doctrine is at odds with the original public meaning of the Administrative Procedure Act. This is wrong, and the text and history of that landmark statute provide no basis for …
Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers
Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers
Amicus Briefs
Amici curiae are administrative law scholars from universities around the United States.
They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.
Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …
Not So Juris-Prudent: The Misguided Movement To Abandon Chevron Deference Through The Lens Of Mifepristone And The Attacks On Fda Autonomy, Ella Seltzer
Upper Level Writing Requirement Research Papers
No abstract provided.
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Regulatory Innovation And Permission To Fail: The Case Of Suptech, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals
The recent U.S. Supreme Court decision West Virginia v. EPA has cast a pall over the discretion of administrative agencies at a very inopportune time. The private sector is currently adopting new technologies at a rapid pace, and as regulated industries become more technologically complex, administrative agencies must innovate technological tools of their own in order to keep up. Agencies will increasingly struggle to do their jobs without that innovation, but the private sector is afforded something that is both critical to the innovation process, and often denied to administrative agencies: “permission to fail.” Without some grace for the inevitable …
Affirmatively Resisting, Ezra Rosser
Affirmatively Resisting, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.
Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …
Fighting The Tax Gap: A Prime And Recent Example Of The Value Of Gao Oversight & Reporting, Josh Bill
Fighting The Tax Gap: A Prime And Recent Example Of The Value Of Gao Oversight & Reporting, Josh Bill
Upper Level Writing Requirement Research Papers
No abstract provided.
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund Stieger
A Political Canary: An Empirical Study Of The Correlation Between Hatch Act Complaints And How The Electoral College Votes, Raimund Stieger
Upper Level Writing Requirement Research Papers
The American public witnesses hundreds, if not thousands, of violations of the Hatch Act—an administrative law designed to keep partisan politics out of Government—each year. This study aimed to determine whether there is a correlation between the number of Hatch Act complaints reported in the fiscal year leading up to a Presidential election and how divisive the political landscape is during that Presidential election. Political divisiveness was defined as how close the winning Presidential candidate was to receive fifty percent of the electoral college. To assess the theory that an increase in Hatch Act complaints is an early indicator of …
Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic
Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic
Upper Level Writing Requirement Research Papers
No abstract provided.
Challenges To The Independence Of Inspectors General In Robust Congressional Oversight, Fernando R. Laguarda
Challenges To The Independence Of Inspectors General In Robust Congressional Oversight, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals
Congressional oversight of the Executive is among the chief responsibilities of the legislative branch. Inspectors General ("IGs") are among the most important tools available to Congress because they are "hard-wired" into the Executive itself. The value of IGs to Congress depends on their expertise in the workings of their host agencies and their "independence" from those agencies. But "independence" is not a statutorily defined term. As the agencies, and sometimes Congress itself, expand the role of IGs to engage in activities that parallel the regulatory programs of their host agencies, IG independence is compromised and the value IGs provide to …
Gundy And The Civil-Criminal Divide, Jenny M. Roberts
Gundy And The Civil-Criminal Divide, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals
It could have been the case that declared “most of Government ... unconstitutional,” by reviving a robust application of the doctrine that prohibits Congress from delegating its law-making power to the other branches. At least that is what many awaiting the Court’s widely-anticipated 2019 decision in Gundy v. United States believed, after the Court agreed to decide whether “Congress unconstitutionally delegated legislative power when it authorized the Attorney General to ‘specify the applicability’ of [the federal Sex Offender Registration and Notification Act]’s registration requirements to pre-Act offenders.” Gundy did not deliver on its potential to upend the administrative state. Instead, …
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
A Tribute To Judge Patricia Wald, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Improving Regulatory Analysis At Independent Agencies, Cary Coglianese
Improving Regulatory Analysis At Independent Agencies, Cary Coglianese
American University Law Review
No abstract provided.
The Landscape Of Modern Patent Appeals, Jason Rantaned
The Landscape Of Modern Patent Appeals, Jason Rantaned
American University Law Review
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.
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
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
Lubbers discusses whether issue exhaustion have a place in judicial review of rules.
Cooperative Enforcement In Immigration Law, Amanda Frost
Cooperative Enforcement In Immigration Law, Amanda Frost
Articles in Law Reviews & Other Academic Journals
ABSTRACT: Immigration officials take two approaches to unauthorized immigrants: Either they seek to deport them, or they exercise prosecutorial discretion, allowing certain categories of unauthorized immigrants to remain in the United States without legal status. Neither method is working. The executive lacks the resources to remove more than a small percentage of the unauthorized population each year, and prosecutorial discretion is by definition an impermanent solution that leaves unauthorized immigrants vulnerable to exploitation at both work and home - harming not just them, but also the legal immigrants and U.S. citizens with whom they live and work.This Article: suggests a …
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
American University Law Review
No abstract provided.
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
Make-Whole Or Make-Short? How Courts Have Misread Title Vii's Limitations Period To Truncate Relief In Eeoc Pattern-Or-Practice Cases, Sara A. Fairchild
American University Law Review
No abstract provided.
Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau
Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau
American University Law Review
No abstract provided.
Building Bridges: Why Expanding Optional Practical Training Is A Valid Exercise Of Agency Authority And How It Helps F-1 Students Transition To H-1b Worker Status, Pia Nitzschke
American University Law Review
No abstract provided.
Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
American University Business Law Review
No abstract provided.
Improving Green Building: Comparing Leed Certification To The Fda And Its Private, Third Party Rating Approach, Patrick Kain
Improving Green Building: Comparing Leed Certification To The Fda And Its Private, Third Party Rating Approach, Patrick Kain
American University Business Law Review
No abstract provided.
Tobacco, Denormalization, Anti-Healthism, And Health Justice, Lindsay Wiley
Tobacco, Denormalization, Anti-Healthism, And Health Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Is The U.S. Supreme Court Becoming Hostile To The Administrative State, Jeffrey Lubbers
Is The U.S. Supreme Court Becoming Hostile To The Administrative State, Jeffrey Lubbers
Contributions to Books
Jeffrey S. Lubbers, Is the U.S. Supreme Court Becoming Hostile to the Administrative State?, prepared for the Administrative Law Discussion Forum held at the University of Luxembourg, July 1-2, 2015; published (with other papers) by Carolina Academic Press in Comparative Perspectives on Administrative Procedure Global Papers Series Volume III pp. 31-50 (Russell W. Weaver, et. al. eds 2017). Draft available at http://ssrn.com/abstract=2645036
Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers
Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Protecting Juveniles In Adult Facilities From Sexual Abuse: Best Practices For Implementing The Youthful Inmate Standard, Brenda V. Smith
Reports
Housing youth who are prosecuted and convicted as adults in adult facilities is challenging and creates significant dilemmas for correctional agencies. In particular, should such “youthful inmates” be treated as part of the regular adult population or should these youth be housed in facilities still under the purview of the adult corrections agency but in facilities designated for youth? More narrowly, should youthful inmates who remain in an adult facility be held in separate housing blocks? Or, should youthful inmates in adult correctional facilities be housed in protective custody or solitary confinement for their protection? How should agencies provide required …
Where Are The Jobs In The Jobs Act? An Examination Of The Uneasy Connection Between Securities Disclosure And Job Creation, Ian K. Peck
American University Business Law Review
No abstract provided.