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Articles 1 - 4 of 4
Full-Text Articles in Law
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
All Faculty Scholarship
This article examines the constitutionality of legislation creating a new form of independent agency – in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered it substantially immune from judicial review, empowered Board members to set their own salaries and budget, and gave the embattled Securities and Exchange Commission – not the President …
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
Michigan Journal of Race and Law
In 2007, New Jersey became the first state in over forty years to abolish the death penalty legislatively. Twenty-five years earlier, in 1982, New Jersey had followed a state-level trend by reinstating its death penalty. However, during the twenty-five years between reinstatement and abolition, New Jersey did not conduct a single execution. Instead, the New Jersey Supreme Court reversed numerous death penalty cases and consistently narrowed the class of cases eligible for the death penalty. This Note posits that the supreme court's narrowing of eligible cases was one of the factors that prevented executions from taking place in New Jersey. …
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla M. Mckanders
The Constitutionality Of State And Local Laws Targeting Immigrants, Karla M. Mckanders
Vanderbilt Law School Faculty Publications
This paper addresses current immigration issues across the country, specifically in Arkansas, and how lawyers can seek to achieve social justice for immigrants. There currently has been a lot of activity and discussion surrounding state and local laws targeting immigrants. Central to this discussion has been whether states and localities are constitutionally permitted to enact immigration laws and whether state and local actions upset the current immigration system and how, if at all, their actions affect documented and undocumented immigrants' rights. When states and localities pass immigration related laws, the main concern is whether federal, state or local governments are …
Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison
Presidential Control Over The Regulatory Affairs Of Federal Administrative Agencies, Jennifer Allison
Jennifer Allison
This paper outlines the historical exertion of presidential control over the regulatory affairs of federal agencies. It first examines the historical understanding of the constitutionality of examining such control. Then, it describes the two main methods that modern Presidents use to exercise such control: presidential directives and presidential regulatory approval regimes. Finally, it discusses how this has manifested itself during the early days of the Obama administration, exploring the regulatory effects of President Obama's executive order that directed agencies to expand funding programs for research using embryonic stem cells.