Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Blank Checks: An Analysis Of Emergency Actions Warranting Unilateral Executive Action, Megan E. Ball
Blank Checks: An Analysis Of Emergency Actions Warranting Unilateral Executive Action, Megan E. Ball
Notre Dame Law Review
This Note discusses the separation of powers issues raised in the D.C. Circuit by then-Judge, now Justice Kavanaugh in Mexichem Fluor’s suit. Specifically, this Note analyzes the federal government’s approach to climate change, overreach of the EPA to act beyond its statutorily granted authority, and the EPA’s reliance upon President Obama’s executive directives as the justification for its overreach. Part I of this Note provides a broad introduction of the CAA and the importance of the policy motivations for the later addition of Title VI to the Act. Part II discusses in more depth the decision in Mexichem Fluor v. …
Accountability For Nonenforcement, Urska Velikonja
Accountability For Nonenforcement, Urska Velikonja
Notre Dame Law Review
Changes in enforcement can move in more than one direction: enforcement can increase significantly as the Securities and Exchange Commission saw in the aftermath of the accounting scandals or the Madoff Ponzi scheme, and decrease precipitously, as evidenced at the Consumer Financial Protection Bureau under Acting Director Mick Mulvaney. There is no reason in constitutional or administrative law to treat changes in enforcement policy differently depending on whether enforcement increases or decreases. Policy choices raise similar questions about reviewability and accountability, regardless of whether they increase or decrease enforcement. They also raise symmetrical questions about fair notice and due process …
Curiouser And Curiouser: The Supreme Court's Separation Of Powers Wonderland, Bernard Schwartz
Curiouser And Curiouser: The Supreme Court's Separation Of Powers Wonderland, Bernard Schwartz
Notre Dame Law Review
No abstract provided.
Senate Power Of Advice And Consent On Judicial Appointments: An Annotated Research Bibliography, Michael J. Slinger, Lucy Salsbury Payne, James Lloyd Gates
Senate Power Of Advice And Consent On Judicial Appointments: An Annotated Research Bibliography, Michael J. Slinger, Lucy Salsbury Payne, James Lloyd Gates
Notre Dame Law Review
No abstract provided.
Separation Of Powers & Economic Liberties, Bernard H. Siegan
Separation Of Powers & Economic Liberties, Bernard H. Siegan
Notre Dame Law Review
No abstract provided.
Congressional Standing To Sue: Whose Vote Is This Anyway, R. Lawrence Dessem
Congressional Standing To Sue: Whose Vote Is This Anyway, R. Lawrence Dessem
Notre Dame Law Review
No abstract provided.
Speech Or Debate Immunity: Preserving Legislative Independence While Cutting Costs Of Congressional Immunity, Michael R. Seghetti
Speech Or Debate Immunity: Preserving Legislative Independence While Cutting Costs Of Congressional Immunity, Michael R. Seghetti
Notre Dame Law Review
No abstract provided.
United States Magistrates Hearing Civil Cases: The Constitutionality Of Rendering Final Judgments After Northern Pipeline Construction Co. V. Marathon Pipe Line Co., Neal T. Buethe
Notre Dame Law Review
No abstract provided.