Law Commons^™

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, …

The Regulatory Accountability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffrey Lubbers

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No abstract provided.

Sg's Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey Lubbers

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No abstract provided.

Tobacco, Denormalization, Anti-Healthism, And Health Justice, Lindsay Wiley

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No abstract provided.

Comments On Omb's Interim Guidance Implementing Section 2 Of Executive Order 13,771 Reducing Regulation And Controlling Regulatory Costs, Jeffrey Lubbers

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No abstract provided.

The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Branch Misuse, Paul F. Figley

Articles in Law Reviews & Other Academic Journals

Over the last thirty-five years, the United States government has paid out billions of dollars in settlements that have had no fiscal consequences for the agencies whose actions caused the claims. It has done so through the Judgment Fund, a relatively unknown permanent, indefinite appropriation originally created by Congress almost half a century ago to pay certain types of judgments entered against the United States.

Congress struggled for nearly two hundred years to find a way to exercise its Appropriations Clause authority over claims payments that did not drown its members in procedural detail. The article surveys that history. Through …

The Ohio State University Dispute Resolution In Special Education Symposium Panel, Robert Dinerstein

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No abstract provided.

Should Congress Create A Special Category Of Ssa Aljs, Jeffrey Lubbers

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Punctuated Equilibrium: A Model For Administrative Evolution, Mark Niles

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The Merits Of ‘Merits’ Review: A Comparative Look At The Australian Administrative Appeals Tribunal, Jeffrey Lubbers, Michael Asimow

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This article compares several systems of administrative adjudication. In the U.S., adjudication is typically performed by the same agency that makes and enforces the rules. However, in Australia, almost all administrative adjudication is performed by the Administrative Appeals Tribunal (AAT), a non-specialized adjudicating agency, and several other specialized tribunals that are independent of the enforcing agency. These tribunals (which evolved out of concerns about separation of powers) have achieved great legitimacy. In the U.K., recent legislation (the Tribunals, Courts and Enforcement Act) merged numerous specialized tribunals into a single first-tier tribunal with much stronger guarantees of independence than previously existed. …

The Transformation Of The U.S. Rulemaking Process - For Better Or Worse, Jeffrey Lubbers

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No abstract provided.

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

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No abstract provided.

A Reexamination Of Federal Agency Use Of Declaratory Orders, Jeffrey Lubbers

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No abstract provided.

Alternative Approaches To Judicial Review Of Social Security Disability Cases, Jeffrey Lubbers

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For many years, Congress has had various bills before it to create alternatives to the current practice of Article III review (in district courts) of Social Security disability cases. This report, prepared initially for the Social Security Advisory Board, reviews the various legislative proposals and statutory alternatives such as the Veterans Administration administrative/judicial review structure. It concludes that, on balance, review before an Article I court (with Court of Appeals review limited to purely legal issues) has numerous advantages over the present system. These advantages include improvements in the accuracy and consistency of results (the federal district courts have vastly …

Developing A Full And Fair Evidentiary Record In A Nonadversary Setting: Two Proposals For Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil

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Strengthening Access To Information And Public Participation In Transition Countries - Latvia As A Case Study In Administrative Law Reform, Jeffrey Lubbers

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No abstract provided.

The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis

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This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …

Judicial Review Of Fda Preemption Determinations, Amanda Frost

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Aba Section Of Administrative Law And Regulatory Practice - From Objector To Protector Of The Apa, Jeffrey Lubbers

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No abstract provided.

Prosecution And Race: The Power And Privilege Of Discretion, Angela J. Davis

Articles in Law Reviews & Other Academic Journals

This article examines prosecutorial discretion and argues it is a major cause of racial inequality in the criminal justice system. It asserts that prosecutorial discretion may instead be used to construct effective solutions to racial injustice. The article maintains that since prosecutors have more power than any other criminal justice officials, with practically no corresponding accountability to the public they serve, they have the responsibility to use their discretion to help eradicate the discriminatory treatment of African Americans in the criminal justice system.

Part I of the Article explains the importance and impact of the prosecution function. Part II discusses …

The Administrative Law Agenda For The Next Decade, Jeffrey Lubbers

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No abstract provided.

Apa-Adjudication: Is The Quest For Uniformity Faltering, Jeffrey Lubbers

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No abstract provided.

Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter

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No abstract provided.

Regulatory Reform Recommendations Of The National Performance Review, Jeffrey Lubbers

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No abstract provided.

Better Regulations: The National Performance Review's Regulatory Reform Recommendations, Jeffrey Lubbers

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No abstract provided.

The Federal Administrative Judiciary: Establishing An Appropriate System Of Performance Evaluation For Alj's, Jeffrey Lubbers

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No abstract provided.

Management Of Federal Agency Adjudication, Jeffrey Lubbers

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No abstract provided.

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

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No abstract provided.

Federal Agency Adjudications: Trying To See The Forest And The Trees, Jeffrey Lubbers

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No abstract provided.

Federal Administrative Law Judges: A Focus On Our Invisible Juridicary, Jeffrey Lubbers

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No abstract provided.