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Articles 1 - 8 of 8
Full-Text Articles in Law
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.
Education Administration In Federal Indian Law: Learning From A Colonial Project Turned Tool Of Liberation, Ariel Liberman, Douglas L. Waters Jr.
American Indian Law Journal
While statistics tend to focus on the difficulties facing tribal education, this article endeavors to look at the matter with fresh eyes. The federal administrative paradigm governing tribal schools has gone from a tool of cultural genocide to a mechanism for empowerment. A survey of recent governmental reforms demonstrates an embrace of the diversity of Indigenous communities, an interest in empowering students through learning, and an acknowledgement of a history of active disenfranchisement. This is ever-evolving federal-tribal relationship shows the administrative state’s capacity for dealing with greatly nuanced community needs and for tailor-making reforms to achieve concrete goals, even if …
The Rule Of Recognition And Presidential Power, Austin Piatt
The Rule Of Recognition And Presidential Power, Austin Piatt
Northwestern University Law Review
Professor H.L.A. Hart’s theory of the rule of recognition, introduced in 1961, asserts that every legal system requires a rule of recognition to tell society what the law is. Though much scholarship has been dedicated to analyzing America’s theoretical rule of recognition, Hart’s theory has not yet been applied to the numerous actions and operations of America’s Executive Branch. The rule of recognition should be able to tell us which executive actions have the authority of law. Yet, when we try to make sense of various recent orders, memos, guidance documents, and letters emanating from the White House and administrative …
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
South Carolina Law Review
No abstract provided.
The Importance Of Looking Under The 'Administrative Hood': A Case Study Of The National Waters Protection Rule, Nicholas S. Bryner, Victor Byers Flatt
The Importance Of Looking Under The 'Administrative Hood': A Case Study Of The National Waters Protection Rule, Nicholas S. Bryner, Victor Byers Flatt
Journal Articles
In an era of legislative gridlock, policy by administrative action has expanded, with major swings occurring when the political party of the presidency changes. These policy disputes have spilled into the third branch with a concomitant increase in legal challenges seeking judicial review of such actions. At the same time, both Republican and Democratic Administrations have made cost-benefit analysis the currency of federal rulemaking in the executive branch.
The combination of the expansion of cost-benefit analysis and the increased litigation over rulemaking has increased the importance of economic and scientific justifications in both the promulgation and revision of administrative actions. …
State Attorneys General And The Public Nuisance Doctrine: Lessons To Be Derived From State Ex Rel. Attorney General Of Oklahoma V. Johnson & Johnson, John S. Baker Jr, Joanmarie Davoli
State Attorneys General And The Public Nuisance Doctrine: Lessons To Be Derived From State Ex Rel. Attorney General Of Oklahoma V. Johnson & Johnson, John S. Baker Jr, Joanmarie Davoli
Faculty Scholarship
No abstract provided.
Medication Abortion Exceptionalism, Greer Donley
Medication Abortion Exceptionalism, Greer Donley
Articles
Restrictive state abortion laws garner a large amount of attention in the national conversation and legal scholarship, but less known is a federal abortion policy that significantly curtails access to early abortion in all fifty states. The policy limits the distribution of mifepristone, the only drug approved to terminate a pregnancy so long as it is within the first ten weeks. Unlike most drugs, which can be prescribed by licensed healthcare providers and picked up at most pharmacies, the Food and Drug Administration only allows certified providers to prescribe mifepristone, and only allows those providers to distribute the drug to …
The Evolving Apa And The Originalist Challenge, Ronald M. Levin
The Evolving Apa And The Originalist Challenge, Ronald M. Levin
Scholarship@WashULaw
This article, written for a symposium marking the seventy-fifth anniversary of the Administrative Procedure Act (APA), discusses the manifold ways in which courts have creatively interpreted the APA’s provisions on rulemaking, adjudication, and judicial review. Many of these interpretations seem to be barely, if at all, consistent with the intentions of the Act’s drafters and with standard principles of statutory construction. They can, however, be defended as pragmatic judicial efforts to keep up with the evolving needs of the regulatory state, especially in light of Congress’s persistent failure to take charge of updating the Act on its own. At this …