Administrative Law Commons^™

Problems Of Conducting Equal Education Rights For Non-Formal Education: Challenges For Batam Local Government, Win Sherly Tan

Indonesia Law Review

In order to fulfill the right to education as mandated by the 1945 Constitution, non-formal education has been introduced in Indonesian society. Non-formal education is provided for in Article 26 paragraphs 1-7 of Law No. 20 of 2003 on the National Education System. Since this provision has been mandated by the Law, the question arises as to whether the Government of Batam City has efficiently implemented the right to education for all. Another question is whether the system for implementing equal education through Community Learning Centers and Homeschooling in Batam City aimed at assisting the Batam City Government is the …

Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati

Jurnal Hukum & Pembangunan

This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …

Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh

Nevada Supreme Court Summaries

The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.

Let’S Be Reasonable: Why Neither Nollan/Dolan Nor Penn Central Should Govern Generally-Applied Legislative Exactions After Koontz, Glen Hansen

Pace Environmental Law Review

This article explains why the Nollan/Dolan test should not apply to legislatively imposed exactions, provided that such exactions satisfy two key criteria: (1) the exaction is generally-applied; and (2) the exaction is applied based on a set legislative formula without any meaningful administrative discretion in that application. Legislative exactions that fail to meet those two criteria should be governed by the Nollan/Dolan standard of review in the same manner as the ad hoc adjudicative exaction in Koontz. Furthermore, legislative exactions that satisfy those two criteria also should not be governed by the factored analysis in Penn Central Transportation Co. v. …

Workin’ 9:00–5:00 For Nine Months: Assessing Pregnancy Discrimination Laws In Georgia, Kaitlyn Pettet

Georgia State University Law Review

As demonstrated in this Note, there is still a considerable way to go before women are no longer forced to choose between pregnancy and keeping their career. Allegations of pregnancy discrimination in the workplace are also on the rise.

In 1997, 4,000 plaintiffs filed complaints with the Equal Employment Opportunity Commission (EEOC). By 2011, that number rose to 5,800. The EEOC won significant damages in pregnancy discrimination cases, demonstrating a greater tendency towards discrimination in the workplace. Additionally, this rise in claims and awards caught the attention of the nation’s media, placing new emphasis on the treatment of pregnant women …

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.

Farmers Plead The Fifth: Is The Plea Against The Mandate To Reserve Raisins In Horne V. Department Of Agriculture Legitimate?, Jee (Jane) Seo

Journal of the National Association of Administrative Law Judiciary

This note addresses the relevant issues and arguments that are presented in Horne. Part II presents the historical background of the RAC, the Takings Clause of the U.S. Constitution's Fifth Amendment, and other relevant information surrounding the Raisin Administrative Committee marketing order. Part III focuses on the facts of Horne, and Part IV discusses the procedural history of the case. The majority, concurring, and dissenting opinions are analyzed in Part V. The impact of Horne is presented in Part VI, followed by concluding thoughts on Horne in Part VII.

The Administrative State: Problems Associated With Congressional Intent, Statutory Interpretation, And The Powers Granted To Administrative Agencies, Serje Havandjian

Journal of the National Association of Administrative Law Judiciary

While reading this article, two questions should be kept in mind: (1) why the Court held that the TSA promulgated whistleblowing regulation was not considered to have the force and effect of law, and how that effects other regulations, and (2) how should the Supreme Court respond if a conflict of congressional intent and statutory interpretation arises within another regulatory or administrative agency's internal scheme for regulating such issues? With a careful analysis of statutory interpretation and determining congressional intent, and some luck, this article will try to answer these questions. Ultimately, what we will find is that although Congress …

Penguatan Peran Majelis Permusyawaratan Rakyat Dalam Struktur Ketatanegaraan Indonesia, R. Nazriyah

Jurnal Hukum & Pembangunan

Nevertheless, the amendment (fifth) should be done with wisdom, sincerity, deliberation, and After the constitutional amendment the Assembly's role was limited only on disseminate the results of the 1945 amendment and appoint President and Vice President. Strengthening the role of the Assembly now has begun to appear with the revival of the tradition of the annual session of the Assembly, with less in this way the performance of the President and other state institutions can be controlled and serve as checks and balances. Discourse to reuse the guidelines need to consider the following matters: first, it should be clearly who …

The Crushing Of A Dream: Daca, Dapa And The Politics Of Immigration Law Under President Obama, Robert H. Wood

Barry Law Review

No abstract provided.

Disability Rights In The Age Of Uber: Applying The Americans With Disabilities Act Of 1990 To Transportation Network Companies, Rachel Reed

Georgia State University Law Review

Within the past year, individual plaintiffs and disability rights organizations have initiated a number of lawsuits against Uber, and similar companies like Lyft, alleging violations of Title III of the Americans with Disabilities Act of 1990 (Title III). In each of these cases, the plaintiffs’ success turns on affirmatively answering one significant threshold question: Whether Uber, or a similar entity, falls within the scope of Title III. Traditional taxi companies fall squarely within the Americans with Disabilities Act of 1990’s (ADA) coverage under 42 U.S.C. § 12184 (§ 12184), which governs private companies that provide transportation services. Given the similarities …

Where Does Judge Gorsuch Stand On Limiting The Federal Government?, David J. Reiss

Cornell Law Faculty Working Papers

This week, all eyes are on Judge Gorsuch’s confirmation hearing for a seat on the Supreme Court. While Gorsuch has not explicitly stated that he wants to drown or deconstruct the federal government, there is troubling language in his opinions that indicates that he shares that goal. While this will hearten many a Tea Partyer, moderate Republicans along with Democrats should be wary of someone who does not value the good that the federal government can and does do.

Reforming Sec Alj Proceedings, Joanna Howard

University of Michigan Journal of Law Reform

This Note considers the current constitutional challenges to SEC administrative proceedings and suggests process reforms to enhance fairness for respondents. Challenges have developed since the Dodd-Frank Act expanded the SEC’s ability to use administrative proceedings. Arguments that there is a pre-existing flaw in the method of appointing administrative law judges provide the most potential for success. The Tenth Circuit’s December 2016 decision against the SEC in Bandimere has created a split, diverging from the D.C. Circuit’s analysis of that question in Lucia. Resolution by the Supreme Court may be inevitable. Even if the challengers do ultimately succeed, this will …

Gorsuch, Cfpb And Future Of The Administrative State, David J. Reiss

Cornell Law Faculty Publications

U.S. Supreme Court nominee Judge Neil Gorsuch would have an outsized influence on federal consumer protection enforcement if he is confirmed. In particular, if PHH v. Consumer Financial Protection Bureau is appealed to the Supreme Court, a Justice Gorsuch is likely to vote to strongly curtail the independence of the Consumer Financial Protection Bureau and limit its enforcement powers. More generally, he will be a skeptic of agency action, one who will support greater judicial review of agency actions.

The Constitutionality Of Sec Administrative Proceedings: The Sec Should Cure Its Alj Appointment Scheme, Kaela Dahan

Cardozo Law Review

The note examines the constitutional challenges surrounding the Securities and Exchange Commission's (SEC) use of administrative law judges (ALJs), particularly under Section 929P of the Dodd-Frank Act. It argues that the SEC's ALJ appointment process violates the Appointments Clause, as current ALJs have not been properly appointed by SEC Commissioners. The note also highlights due process and Seventh Amendment concerns, as defendants in SEC administrative proceedings lack rights such as trial by jury and immediate appellate review. To maintain the integrity of its administrative processes, the SEC must adopt measures to ensure its ALJ appointments comply with constitutional requirements.

Coventry Health Care, Inc. V. Nevils: Brief Of Amici Curiae Constitutional And Administrative Law Scholars In Support Of Respondent, Nina A. Mendelson

Appellate Briefs

Amici law professors (listed in Appendix A) are leading scholars and teachers of constitutional and administrative law who submit this brief in their individual capacities, not on behalf of their institutions. They study and write on federal preemption of state law, including the ways in which courts can and should discipline agencies to consider federalism values. Amici have an interest in promoting judicial review that requires agencies to take state regulatory interests seriously when their rules would preempt state law. Amici submit this brief to demonstrate that Petitioner's view of judicial deference to agency preemption would encourage agencies to ignore …

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors Undergraduate Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality of …

Constitutionally Conforming Agency Adjudication, Jennifer L. Mascott

Scholarly Articles

In June 2017 the D.C. Circuit issued a judgment that essentially reaffirms the constitutionality of current appointments procedures for administrative law judges (ALJs) in the Securities and Exchange Commission (SEC). After conducting an en banc hearing in the case, the en banc court split evenly over whether the ALJs are “Officers of the United States” subject to the constitutional requirement of appointment by the president, a department head, or a court of law. The evenly divided vote resulted in the affirmance of the D.C. Circuit’s earlier panel decision finding that the ALJs are not “officers”—continuing the court’s split with the …

Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez

Faculty Scholarship

No abstract provided.

Fair For Whom? Why Debt-Collection Lawsuits In St. Louis Violate The Procedural Due Process Rights Of Low-Income Communities, Aimee Constantineau

American University Law Review

No abstract provided.

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.

Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs

Publications

The literature on “agency discretion” has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of what we call Vermont Yankee’s “white space” — the scope of agency discretion to experiment with procedures within the boundaries established by law (and thus beyond the reach of the courts). Our goal is to begin a conversation about the dimensions of this procedural negative space, in which agencies are free …

Irreconcilable Similarities: The Inconsistent Analysis Of 212(C) And 212(H) Waivers, Kate Aschenbrenner Rodriguez

Oklahoma Law Review

No abstract provided.

1930s Redux: The Administrative State Under Seige, Gillian E. Metzger

Faculty Scholarship

Eighty years on, we are seeing a resurgence of the antiregulatory and antigovernment forces that lost the battle of the New Deal. President Trump's administration has proclaimed the "deconstruction of the administrative state" to be one of its main objectives. Early Trump executive actions quickly delivered on this pledge, with a wide array of antiregulatory actions and a budget proposing to slash many agencies' funding. Invoking the long-dormant Congressional Review Act (CRA), the Republican-controlled Congress has eagerly repealed numerous regulations promulgated late in the Obama Administration. Other major legislative and regulatory repeals are pending, and bills that would impose the …

Federalism And Health Care In Canada: A Troubled Romance?, Colleen M. M. Flood, William Lahey Prof., Bryan P. Thomas

Articles, Book Chapters, & Popular Press

Canadian federalism fragments health system governance. Although the Constitution has been interpreted as providing shared jurisdiction over health generally, with respect to health care, the courts have interpreted it as giving direct jurisdiction to the provinces. The federal role in health care is therefore indirect, but nevertheless potentially powerful. For example, the federal government has used its spending powers to establish the Canada Health Act (CHA), which commits funding to provinces on condition they provide first-dollar public coverage of hospital and physician services. However, in recent times, as federal contributions have declined, the CHA has been weakly enforced. …

The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, Israel Katz

Brooklyn Journal of Corporate, Financial & Commercial Law

One of the centerpieces of the United States’ effort to combat climate change is the Environmental Protection Agency’s (EPA) controversial Clean Power Plan, which consists of the first-ever federal regulations requiring states to achieve massive carbon dioxide emissions reductions from existing fossil fuel-fired power plants. The regulations operate by setting interim and final emissions target dates for states to ultimately reach an aggregate 32% reduction in carbon emissions by the year 2030. This Note argues that the current regulations will not survive judicial scrutiny, because the U.S. Supreme Court has moved away from traditional administrative deference in instances where an …

Cognitive Competence In Executive-Branch Decision Making, Anna Spain Bradley

Publications

The decisions Presidents and those operating under their authority take determine the course of our nation and the trajectory of our lives. Consequently, understanding who has the power and authority to decide has captured both the attention of legal scholars across a variety of fields for many years and the immediate worry of the public since the 2016 Presidential election. Prevailing interventions look for ways that law can offer procedural and institutional reforms that aim to maintain separation of powers and avoid an authoritarian regime. Yet, these views commonly overlook a fundamental factor and a more human one: the individuals …

Administrator-In-Chief: The President And Executive Action In Immigration Law, Ming H. Chen

Publications

This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when confronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …

Freedom Of Information Beyond The Freedom Of Information Act, David Pozen

Faculty Scholarship

The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model has been copied worldwide and celebrated as a structural necessity in a real democracy. Yet in practice, this Article argues, FOIA embodies a distinctively “reactionary” form of transparency. FOIA is reactionary in a straightforward, procedural sense in that disclosure responds to ad hoc demands for information. Partly because of this very feature, FOIA can also be seen as reactionary in a more substantive, political sense insofar as it saps regulatory capacity; distributes government goods in an inegalitarian fashion; and contributes …

Ptab, Patents, And The Constitution, Philip A. Hamburger

Faculty Scholarship

Tomorrow, the Supreme Court will hear arguments in Oil States vs. Greene’s Energy Group, et al. on whether the Patent and Trademark Office, acting through the Patent and Trial Appeal Board (PTAB), can decide the validity of existing patents. The question, in particular, is whether the PTAB is unconstitutionally extinguishing private property rights in a non-Article III forum without a jury. At stake, therefore, is a range of vital issues, including patents, property, and the right to be heard in a real court, with a jury.