Administrative Law Commons^™

Transposition Et Mutations Du Modèle Administratif Français (Les Cas Libanais Et Tunisien), Michel Duprat

Proche-Orient, Études juridiques

No abstract provided.

Le Secret De L’Administration Au Liban, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Against Constitutional Rights For Frontier Ai Companies In Government Contracts, Thomas H. Lee

Fordham Law Review

No abstract provided.

Clickwrap Accountability, Alicia Solow-Niederman

Fordham Law Review

Picture a public‑facing generative artificial intelligence (AI) chatbot on a government website that can answer questions about benefits eligibility. Systems like these expose a sociotechnical-legal divide: They route around the standard due process framework because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal guidance. Moreover, if there is an error, current doctrine on government errors and equitable estoppel makes relief unlikely.

This Essay focuses on government deployment of public‑facing generative AI chatbots and critically assesses the front‑end power dynamics that determine who is filtered out of government …

Revolving In, Richard Briffault

Faculty Scholarship

The “revolving door” — that is, the movement of policymakers from the private sector into government and back out again—is a longstanding issue of concern in law, political science, public administration, and government ethics. Although some applaud this exchange of personnel between the public and private sectors, the general tenor of popular, political, and academic coverage of the revolving door has been highly negative, marked by frequent references to corruption, capture, and conflicts of interest.

One striking feature of the scholarly treatment and nearly all the legal regulation of the revolving door has been a focus on “revolving out,” that …

La Protection Des Droits Fondamentaux Par Le Conseil D'État Du Liban, Hassan-Tabet Rifaat

Proche-Orient, Études juridiques

No abstract provided.

Le Point De Départ Du Délai Du Recours Pour Excès De Pouvoir À La Suite D'Une Déclaration D'Utilité Publique En Droit Libanais, Elias Haswany

Proche-Orient, Études juridiques

No abstract provided.

La Décentralisation Territoriale : Contribution À Un Débat Politique Et Administratif Fondamental, À Partir De L'Exemple Français, A.-H. Mesnard

Proche-Orient, Études juridiques

No abstract provided.

Deportation By Deception: Coerced Administrative Voluntary Departures And The Illusion Of Choice, Fonda Pham

Washington and Lee Law Review Online

Administrative voluntary departure allows noncitizens facing removal to leave the United States by waiving their right to a hearing before an immigration judge. Although this process provides noncitizens with a quicker alternative to a lengthy removal hearing, the process is not always as “voluntary” as its name suggests. Over the past four decades, noncitizens have alleged that immigration officers threatened and intimidated them in order to obtain waivers of consent, including threats against family members, prolonged detention, and physical abuse. Although the Fifth Amendment of the Constitution states that all persons physically present in the U.S. must receive due process …

Les Réformes Récentes En Matière D’Expropriation, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

La Constitution Américaine Et La Cour Suprême Des États-Unis : Un Envers Juridique De Robert Bork : John Hart Ely, Chibli Mallat

Proche-Orient, Études juridiques

No abstract provided.

L'Expropriation Pour Cause D'Utilité Publique, Antoine Moarbès

Proche-Orient, Études juridiques

No abstract provided.

Le Problème De La Valeur Juridique Des Principes Généraux Du Droit, Adnan Dannaoui

Proche-Orient, Études juridiques

No abstract provided.

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 …

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 …

Constitutional War Powers: Law & Strategy From The Revolution To Cyberconflict, Matthew C. Waxman

Faculty Books

Many believe that the power to start wars is the most important issue of constitutional war powers-and perhaps the most important issue of constitutional law altogether. Yet this fixation on the power to start wars obscures equally important questions. Who has the power to prepare for war, deter it, conduct it, decide its aims, or end it? Although many democracies wrestle with these constitutional questions, the United States stands apart in that no other written constitution has had to function over time across such dramatic transformations in national military power and radical swings in strategy for wielding it. To show …

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 …

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), …

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 …

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 …

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: …

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 …