Administrative Law Commons^™

How Legal Systems Reflect Societal Views Of Nature, Devorah Corvo

Latin American & Caribbean Law Review

Pre-Columbine Indigenous communities differed from European settlers in many ways. One of the most striking differences was the way each group viewed itself in relation to nature and wildlife. Indigenous communities generally did not see themselves as separate from the natural world, while European settlers often viewed themselves as distinct from it. In the United States today, many people care about the environment but are unsure how to protect it. By contrast, pre-Columbian Indigenous communities were so deeply connected to their surroundings that harm to wildlife would have been seen as harm to the community itself. By examining three pre-Columbian …

Pandemic Power Plays: Environmental Deregulation & Erosion Of Indigenous Rights In Latin America During Covid-19, Sabrina Prado

Latin American & Caribbean Law Review

The COVID-19 pandemic reshaped global politics. Many governments used their emergency powers under the pretense of maintaining public health and sustaining the economy. However, in Latin America, these powers were exploited and the pandemic became a guise for expanding executive powers and propounding corporate friendly rollbacks which weakens environmental protections and minority rights. This paper will examine how emergency laws were used to sidestep the democratic process and facilitate policies that benefited corporate interests at the expense of environmental regulation and indigenous rights specifically. Brazil, Colombia, and Bolivia were three countries whose leaders centralized power and accelerated environmentally destructive policies …

Fiscal Sustainability And The Courts In Colombia, Eleonora Lozano-Rodríguez

Latin American & Caribbean Law Review

This text offers a theoretical and conceptual approach to fiscal sustainability and to the mechanism of fiscal impact review. It also examines specific judicial cases where fiscal sustainability and/or fiscal impact review have been applied in areas such as social security, victims of the Colombian internal armed conflict, community mothers, and taxation. The article concludes that the difficult dialogue between law and economics has improved, though legal nuances still need clarification, and economic advantages or disadvantages remain to be measured. At times, the guarantee of rights prevailed (for example, compensation for Black, Afro-Colombian, Raizal, and Palenquero communities, as well as …

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Illegal And Informal Mining And The Violation Of Fundamental Rights: The Peruvian Case, Carla Mares Ruíz

Latin American & Caribbean Law Review

This article critically examines the impact of illegal and informal mining in Peru and its relationship with the violation of fundamental rights, with particular emphasis on the rights to health, a healthy environment, and effective judicial protection. It also examines the regulatory evolution of the formalization process for artisanal and small-scale mining (ASM), placing special emphasis on the resounding failure of these laws and the perverse effects of the continuous extension of REINFO (Comprehensive Registry of Mining Formalization), particularly with regard to the expansion of ilegalmining and the promotion of impunity. The paper also explores the environmental, social, and criminal …

Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights, Pedro Rubim Borges Fortes

Latin American & Caribbean Law Review

This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence …

Oct. 2026 - Dentistry And The Law: Dealing With An Unlicensed Employee, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the severe regulatory and legal risks of employing a dental hygienist whose license has lapsed. MDA Legal Counsel explains that under Michigan law (MCL 333.16222(1)), licensed health care professionals are mandatory reporters and must notify the Michigan Department of Licensing and Regulatory Affairs (LARA) upon learning of unlicensed practice. Continuing to employ an unlicensed hygienist exposes the dental practice to administrative sanctions, loss of licensure, and liability. Practice owners are advised to verify employee licenses regularly and screen for unresolved administrative complaints

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

Fabricating The Crime Of Undocumented Presence, Eric S. Fish, Doug Keller

Fordham Law Review

In 2025, the Trump administration’s Office of Legal Counsel (OLC) declared that it is a federal crime simply to be an undocumented immigrant. Congress has enacted no such crime. Congress has made it a crime for an immigrant to enter the United States in a manner that “eludes examination or inspection.” For nearly 100 years, this “elude” offense has been understood to occur only at the moment an immigrant enters the country. But the Trump administration’s OLC has reinterpreted this crime as a continuing offense. Under this new reading, an immigrant who entered unlawfully eludes examination until the moment of …

Splitting The Baby: Determining The Causation Standard In Family And Medical Leave Act Retaliation Claims, Eliana C. Singer

Fordham Law Review

The Family and Medical Leave Act (FMLA) guarantees employees unpaid leave following certain qualifying events. The FMLA not only provides substantive rights but also prohibits retaliation against employees who exercise those rights. When employees face unlawful retaliation, they can bring retaliation claims against their employers. However, there is disagreement among courts as to how to evaluate these claims. More precisely, courts are split concerning whether employees must prove their use of leave was a but-for cause of retaliation, or merely that it was one of an employer’s mixed motives for retaliating. The U.S. Courts of Appeals for the Second and …

Old Rulings, New Reasons, Jack Boeglin

Michigan Law Review

When the Supreme Court does away with a longstanding legal principle, what should become of the hundreds, if not thousands, of precedents across the judicial system that rely upon it? Does some residual precedential value continue to attach to a decision even after its reasoning has been rejected? Or should it be overturned unless it can be upheld on a new, independently persuasive legal basis?

These are the questions courts must ask when deciding whether to “reharmonize” precedent. A court reharmonizes a past decision by supporting it on alternative grounds that better fit with changing legal or factual understandings.

The …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Refleksi Kritis Pengaruh Kebijakan Efisiensi Anggaran Terhadap Pelayanan Publik Dan Pembangunan Daerah, Rizky S. Widyaningtyas, Moza A. Paradhiva

Jurnal Hukum & Pembangunan

The central government's policy of mandating budget efficiency has had a significant impact on regions, particularly those dependent on central government transfers. In the context of the Special Region of Yogyakarta, efficiency not only impacts regular regional budget (APBD) revenues but also Special Fund transfers. Using a socio-legal approach, this study explores and analyzes the impact of efficiency on public service delivery and regional development in the Special Region of Yogyakarta (DIY), as well as the regional government's strategies for budget optimization. The results indicate that, first, budget efficiency has significantly created various obstacles in development and service delivery, including …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Pengenaan Data Provisioning Fee Sistem Layanan Informasi Keuangan (Slik) Terhadap Lembaga Pengelola Informasi Perkreditan: Tinjauan Implikasi Prinsip Resiprokal Dan Aspek Keadilan Dalam Pungutan Otoritas Jasa Keuangan, Gumelar Taufik Yugo Rahmanto, Gunardi Sa Lumbantoruan, Henry Darmawan Hutagaol

Jurnal Hukum & Pembangunan

The dual system model in the implementation of credit information in Indonesia makes the relationship between the Financial Services Authority (OJK) as a public credit registry and the Credit Information Management Institution (LPIP) as a private credit bureau interesting to observe. In particular, the relationship is related to access to the Financial Information Service System (SLIK), which is one of the data sources used by LPIP in carrying out its activities. This study aims to examine the implication of the principle of reciprocity in the exchange of credit information through SLIK, as well as the fairness aspect of the imposition …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Eviscerating The State: An Update, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

A year after the publication of her article “Eviscerating the State: The New Oligarchic and Authoritarian Project to Undermine American Constitutional Democracy (Emancipations, Vol.4: Iss.2, July 2025) Jean Cohen looks again at the threats to American constitutional democracy posed by new oligarchic and authoritarian actors in the economy, the state, and society.

Appeal No.1067: Arrowhead Road Services, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2025-512

Democracy Needs The Administrative State, Gillian E. Metzger

Faculty Scholarship

In public debate, the federal bureaucracy is not typically praised for its democratic credentials. Consisting of a wide array of agencies staffed by a permanent civil service and governed by detailed regulations, the administrative state is more likely to be portrayed as a bastion of red tape and unelected power. To hear members of the Supreme Court tell it, for example, the administrative state’s “unaccountable bureaucrats” and “vast power[s]” pose a dire threat to constitutional democracy that only expanded presidential control can solve. President Trump has offered an even darker view, attacking a “deep state” of entrenched government officials as …

Fda Policymaking In The Trump Deregulation Era, Jordan Paradise J.D.

Utah Law Review

This Article endeavors to contribute to and continue the conversation about how the Trump deregulatory agenda is impacting a vital national public health agency, the FDA, and our national collective public health in ways that deviate from longstanding agency policy and practice. Various other FDA policy actions deserve concerted attention by legal scholars, including the agency’s recent moves in the direct-to-consumer marketing (DTC) drug space through targeted warning letters and publicity about reforming the “adequate provision” standards, food additives and generally recognized as safe (GRAS) listing processes and directives to industry, adjustments to the biosimilar interchangeability requirements through guidance document, …

Medical Device Regulation: We Can’T Just Go Back (Nor Should We), George Horvath

Utah Law Review

For much of the twentieth century, the federal Food and Drug Administration maintained its reputation as the preeminent regulatory agency, renowned for providing vigilant and scientifically rigorous oversight that ensured the safety and effectiveness of drugs and medical devices. But a former FDA commissioner recently lamented that “[t]he FDA as we’ve known it is finished.” Many commentators have raised concerns that reductions in force will leave the Agency understaffed, that these shortages will prolong review times, and that the standards applied to premarket evaluations of medical products will allow unsafe and ineffective products to reach the market. But in the …

The Threat To Government Ethics, Richard Briffault

Faculty Scholarship

That was quite a week. Over seven days in mid-October:

• President Trump hosted a White House dinner for three dozen super-wealthy individuals and representatives of major corporations who pledged funds for his $300 million ballroom.
• The president commuted the sentence of former Congressman George Santos, who had served less than three months of an 87-month term for corruption, and canceled Santos’s obligation to pay restitution to his victims.
• The president fired, without providing a reason or giving the 30 days’ notice required by law, the Inspector General for the Export-Import Bank.
• We learned the president is demanding the Department of …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Appeal No.1077: Chief Capital (O&G) Ii, Llc. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2026-203

Appeal No.1076: Chief Capital (O7g) Ii, Llc, Et Al. V. Division Of Oil & Gas Resources Management And Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2026-185, 2026-194, and 2026-200