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Articles 1 - 15 of 15
Full-Text Articles in Law
Interring The Unitary Executive, Christine Chabot
Interring The Unitary Executive, Christine Chabot
Faculty Publications & Other Works
The President's power to remove and control subordinate executive officers has sparked a constitutional debate that began in 1789 and rages on today. Leading originalists claim that the Constitution created a “unitary executive” President whose plenary removal power affords her “exclusive control” over subordinates' exercise of executive power. Text assigning the President a removal power and exclusive control appears nowhere in the Constitution, however, and unitary scholars have instead relied on select historical understandings and negative inferences drawn from a supposed lack of independent regulatory structures at the Founding. The comprehensive historical record introduced by this Article lays this debate …
The Lost History Of Delegation At The Founding, Christine Chabot
The Lost History Of Delegation At The Founding, Christine Chabot
Faculty Publications & Other Works
The new Supreme Court is poised to bring the administrative state to a grinding halt. Five Justices have endorsed Justice Gorsuch's dissent in Gundy v. United States--an opinion that threatens to invalidate countless regulatory statutes in which Congress has delegated significant policymaking authority to the Executive Branch. Justice Gorsuch claimed that the “text and history” of the Constitution required the Court to replace a longstanding constitutional doctrine that permits broad delegations with a more restrictive one. But the supposedly originalist arguments advanced by Justice Gorsuch and like-minded scholars run counter to the understandings of delegation that prevailed in the Founding …
The Science Of Administrative Change, Barry Sullivan, Christine Chabot
The Science Of Administrative Change, Barry Sullivan, Christine Chabot
Faculty Publications & Other Works
Donald Trump repeatedly vowed to reduce regulation during the 2016 presidential campaign. Indeed, one of his key advisors promised to "deconstruct" the administrative state. Since taking office, President Trump has attempted to make good on his promises, spurring federal agencies to brush aside countless regulations that previous administrations had promulgated based on scientific, technological, or economic evidence. Those efforts, which have been dubbed a "war on science," implicate a long-contested question in administrative law: to what extent should a change in presidential administrations excuse agencies from an obligation to justify changes in policy with expert, reasoned analysis of relevant data? …
The Science Of Administrative Change, Christine Chabot, Barry Sullivan
The Science Of Administrative Change, Christine Chabot, Barry Sullivan
Faculty Publications & Other Works
Donald Trump repeatedly vowed to reduce regulation during the 2016 presidential campaign. Indeed, one of his key advisors promised to "deconstruct" the administrative state. Since taking office, President Trump has attempted to make good on his promises, spurring federal agencies to brush aside countless regulations that previous administrations had promulgated based on scientific, technological, or economic evidence. Those efforts, which have been dubbed a "war on science," implicate a long-contested question in administrative law: to what extent should a change in presidential administrations excuse agencies from an obligation to justify changes in policy with expert, reasoned analysis of relevant data? …
Regulatory Silence At The Fda, Jordan Paradise
Regulatory Silence At The Fda, Jordan Paradise
Faculty Publications & Other Works
No abstract provided.
Exploring Precision Fda, An Online Platform For Crowdsourcing Genomics, Jordan Paradise
Exploring Precision Fda, An Online Platform For Crowdsourcing Genomics, Jordan Paradise
Faculty Publications & Other Works
The U.S. Food and Drug Administration has created an online platform for the next generation sequencing community, enabling users to evaluate biomarker information and share resources. This article examines this online platform and offers several observations about potential legal and regulatory implications.
Selling Chevron, Christine Chabot
Selling Chevron, Christine Chabot
Faculty Publications & Other Works
No abstract provided.
Schooling The Supreme Court, Christine Chabot
Schooling The Supreme Court, Christine Chabot
Faculty Publications & Other Works
Supreme Court Justices' uniform professional backgrounds have drawn increasing criticism. Yet it is unclear how diverse professional training would affect the Court's decisions. This Article offers the first empirical analysis of how Justices with diverse professional training vote: It examines a unique period when Justices with formal legal education sat with Justices who entered the profession by reading the law alone.
The study finds that Justices' levels of agreement and politically independent voting vary significantly according to their professional training. In cases which divided the Court, Justices who shared the benefit of formal legal education (1) voted together more often …
Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur
Faculty Publications & Other Works
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people’s actual experience …
Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple, Allen E. Shoenberger
Loyola Law School, State Secrets, The American Revolution, The War Of 1812: The Maritime Connections Of The Middle Temple, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Medicaid Governance In The Wake Of National Federation Of Independent Business V. Sebelius: Finding Federalism's Middle Pathway, From Administrative Law To State Compacts., John D. Blum, Gayland O. Hethcoat Ii
Faculty Publications & Other Works
No abstract provided.
The Financial Action Task Force And Global Administrative Law, James T. Gathii
The Financial Action Task Force And Global Administrative Law, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger
Privacy Wars: Eu Versus Us: Scattered Skirmishes, Storm Clouds Ahead., Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most “Notorious” Employees, Allen E. Shoenberger
Muzzling And Caging Administrative Law Judges: The Social Security Administration Attempts To Control Its Most “Notorious” Employees, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.
Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger
Alj Control Of The Hearing: What Does An Alj Do About An Unruly Witness Or Obstreperous Attorney?, Allen E. Shoenberger
Faculty Publications & Other Works
No abstract provided.