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Series

2018

Administrative Law

Online Publications

Articles 1 - 3 of 3

Full-Text Articles in Law

Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz Dec 2018

Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz

Online Publications

Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.


Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz Oct 2018

Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz

Online Publications

Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?


Once More Unto The Breach, Dear Friends - Levin On The Guidance Exception, Michael E. Herz Apr 2018

Once More Unto The Breach, Dear Friends - Levin On The Guidance Exception, Michael E. Herz

Online Publications

The late, great Kenneth Culp Davis was known for many things, but humility was not among them. He knew the answers; he knew them better than did the Supreme Court; and he knew that he knew them. So it is remarkable that there was a problem in administrative law he found “baffling.” That was the distinction between legislative rules, interpretive rules, and statements of policy.