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Full-Text Articles in Law
Researching Administrative Law, Keith Lacy
Researching Administrative Law, Keith Lacy
Law Librarian Scholarship
Administrative law is a broad subject area concerning the laws and procedures governing administrative agencies. It also encompasses the substantive law produced by those agencies — most commonly in the form of regulations (rules) or agency decisions. This article highlights a few major resources for researching administrative law in the United States.
National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson
National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson
Utah Law Review
Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily …
"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson
"Not For Human Consumption": Prison Food's Absent Regulatory Regime, Amanda Chan, Anna Nathanson
William & Mary Bill of Rights Journal
Prison food is poor quality. The regulations which govern prison food are subpar and unenforceable by prisoners, due in large part to Sandin v. Conner and the Prison Litigation Reform Act. This Article aims to draw attention to the dire food conditions in prisons, explain the lax federal administrative law that permits these conditions, highlight the role of Sandin v. Conner and the Prison Litigation Reform Act in curtailing prisoners’ rights, and criticize the role of the private entity American Correctional Association in enabling mass neglect of prison food. The authors recommend that the Prison Litigation Reform Act be repealed, …
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
Making Executioners Out Of Pharmacists: Why South Carolina Should Not Adopt A Lethal Injection Secrecy Statute, Elizabeth T. French
South Carolina Law Review
No abstract provided.
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
The Emerging Lessons Of Trump V. Hawaii, Shalini Bhargava Ray
William & Mary Bill of Rights Journal
In the years since the Supreme Court decided Trump v. Hawaii, federal district courts have adjudicated dozens of rights-based challenges to executive action in immigration law. Plaintiffs, including U.S. citizens, civil rights organizations, and immigrants themselves, have alleged violations of the First Amendment and the equal protection component of the Due Process Clause with some regularity based on President Trump’s animus toward immigrants. This Article assesses Hawaii’s impact on these challenges to immigration policy, and it offers two observations. First, Hawaii has amplified federal courts’ practice of privileging administrative law claims over constitutional ones. For example, courts considering …
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
Who Constrains Presidential Exercise Of Delegated Powers?, Rebecca L. Brown
William & Mary Bill of Rights Journal
Building on the work of administrative law scholars who have identified and illuminated the several components of the problem over the years, this Article will seek to show what has happened when a cluster of separate circumstances have come together to create a new and serious threat to individual liberty when the President exercises expansive delegated authority. Several doctrinal components lead to this confluence: First, the moribund “intelligible principle” test has evolved to provide little or no constraint on this or any other delegation. Second, a delegation to the President, specifically, is not subject to the procedural requirements of the …
Mother Nature Needs Her Sox: Reviewing The Impetus And Goals Of The Increased Financial Regulations Of The Sarbanes-Oxley Act And How They Parallel The Needs Of Today's Environmental Protection Agency, Scott Meyer
William & Mary Environmental Law and Policy Review
As climate change and natural disasters appear to be increasingly prevalent across the United States, the question of how to respond to these threats looms large. Arguably, the Environmental Protection Agency (“EPA”) represents the tip of that responding spear. The agency, literally dedicated to protecting the environment, is positioned to drive industry environmental standards, set sustainable metrics, and even determine thresholds for habitable life.
Looks can be deceiving, though. This Note examines the current state of the EPA, and the minimal effect it currently has on penalizing and deterring industry environmental degradation. It specifically focuses on a number of high-profile …
The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber
The Roberts Court's Theory Of Agency Accountability: A Step In The Wrong Direction, Howard Schweber
Belmont Law Review
No abstract provided.
Orwell's 1984 "Big Brother" Concept And The Government Use Of Facial Recognition Technology: A Call To Action For Regulation To Protect Privacy Rights, Tate Ducker
Belmont Law Review
No abstract provided.
Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield
Popular Regulation? State Constitutional Amendment And The Administrative State, Jonathan L. Marshfield
Belmont Law Review
No abstract provided.
Ai For Retrospective Review, Catherine M. Sharkey
Ai For Retrospective Review, Catherine M. Sharkey
Belmont Law Review
No abstract provided.
Administrative Law Symposium Debate, Akram Faizer, Stewart Harris
Administrative Law Symposium Debate, Akram Faizer, Stewart Harris
Belmont Law Review
No abstract provided.
Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain
Death Penalty Exceptionalism And Administrative Law, Corinna B. Lain
Belmont Law Review
No abstract provided.
Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon
Constitutional Limits On Administrative Agencies In Cyberspace, Jon M. Garon
Belmont Law Review
No abstract provided.
The Role Of Administrative Law In Defining Impetuses Leading To Orders Under Impugnation- دور القضاء الإداري في تحديد أسباب القرار المطعون فيه, Dr.Ali Khattar Shatnawi
The Role Of Administrative Law In Defining Impetuses Leading To Orders Under Impugnation- دور القضاء الإداري في تحديد أسباب القرار المطعون فيه, Dr.Ali Khattar Shatnawi
UAEU Law Journal
The research explains the role of Administrative Law in defining the reasons behind impugned orders, stressing the importance of having reasons that lead to issuing administrative orders, announced by the administration. The researcher discusses the judicial power in defining such reasons.
The research was ended with conclusions derived from the study of the role of Administrative Law in defining the impetuses leading to orders under impugnation.
Law & Leviathan: The Best Defense?, Ronald Levin
Law & Leviathan: The Best Defense?, Ronald Levin
Scholarship@WashULaw
In their recent book Law & Leviathan, Cass Sunstein and Adrian Vermeule unveil a novel and provocative approach to legitimating the modern administrative state. Their starting point is a set of procedural principles that the legal philosopher Lon Fuller described as fundamental premises of the law’s “internal morality.”
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
Scholarship@WashULaw
Twenty-five years ago, the Administrative Conference of the United States (ACUS) brought the technique of “direct final rulemaking” to the attention of the administrative law community. Since that time, agencies have used the technique thousands of times to adopt noncontroversial regulations on an expedited basis. But its legality depends on a creative reading of the Administrative Procedure Act (APA). A recent D.C. Circuit case, applying the APA in a manner that overlooked the distinctive features of this device, has exposed this vulnerability and may well have seriously undermined the viability of the practice.
This column criticizes a case that came …