Administrative Law Commons^™

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 …

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.

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 …

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, …

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: …

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 …

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 …

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 …

Competition For All? The Ftc’S Ban On Non-Competes And The More Effective Route In Promoting Competition, Aniqah Nashiat

St. John's Law Review

(Excerpt)

Employment contracts have historically included non-compete agreements, which are restrictive covenants forbidding employees from working “for competitors of their former employer for a certain period of time and over a defined geographic area.” American jurisprudence has always left enforcement of these non-competes to states. In the federal government, Congress has never successfully passed legislation on the per se illegality of non-competes. Instead, President Joe Biden signed an executive order in 2021 aimed at promoting the interests of American workers because companies requiring them to sign non-competes restricted their ability to change jobs. Biden explained that strengthening antitrust laws would …

The Supreme Court And The Constitution, Tom Rozinski

Open Touro Created

2026

The Supreme Court and the Constitution is a casebook for undergraduate students who want to earn about the Constitutional structure of the US government. Since the Supreme Court is responsible for interpreting the Constitution, the book begins with a history of the Court before examining the processes and methods it uses to decide cases. There is also a unit on the development of judicial review and the limitations on the scope of the Court’s actions. One major unit examines the powers of the president in both foreign and domestic affairs, and includes a section on presidential immunities. Another major …

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …

Teaching Old Statutes New Tricks: Towards Equitable Participation In Transportation Act Section 4(F) And Nhpa Section 106, Laura Mott

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Dishwashers And Dicta: The Fifth Circuit's Not-So-Quiet Attack On Doe Authority In Louisiana V. United States Department Of Energy, Robert G. Torpey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

La Règle « Nemo Auditur... » En Droit Français De La Responsabilité Administrative, Lara Karam

Proche-Orient, Études juridiques

No abstract provided.

Rapport De Synthèse Sur L’Efficacité De L’Arbitrage, Charles Jarrosson

Proche-Orient, Études juridiques

No abstract provided.

La Convention Pour La Reconnaissance Et L’Exécution Des Sentences Arbitrales Étrangères Signée À New York Le 10 Juin 1958, Pierre Legros

Proche-Orient, Études juridiques

No abstract provided.

Portée Des Dispositions De La Convention De New York (Cny) Sur L’Accueil Des Sentences Arbitrales Étrangères Au Liban, Michel Soumrani

Proche-Orient, Études juridiques

No abstract provided.

Voies De Recours : Le Système Français, Jean-Louis Delvolvé

Proche-Orient, Études juridiques

No abstract provided.

Le Contrôle De La Sentence : Voies De Recours, Fayez Hage-Chahine

Proche-Orient, Études juridiques

No abstract provided.

La Coopération Du Juge : Le Délai De L’Arbitrage International, Georges Fadlallah

Proche-Orient, Études juridiques

No abstract provided.

La Coopération Du Juge, Mouhib Maamari

Proche-Orient, Études juridiques

No abstract provided.

Les Choix Dans La Procédure Arbitrale Libanaise, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

La Coopération Du Juge À L’Arbitrage, Alain Lacabarats

Proche-Orient, Études juridiques

No abstract provided.

Les Choix Dans La Procédure : Lieu - Langue - Arbitrage Institutionnel - Arbitrage Ad Hoc, Antoine Fourment

Proche-Orient, Études juridiques

No abstract provided.

Actualité De L'Arbitrage, Poej

Proche-Orient, Études juridiques

Actualité de l'arbitrage : - Allocution du R.P. Jean Ducruet - Allocution de M. R. Debbas représentant M. Adnan Kassar - Discours d'ouverture de M. Bahige Tabbarah - Introduction par Richard Chémaly - Introduction par Bertrand Moreau

Droit Judiciaire, Poej

Proche-Orient, Études juridiques

No abstract provided.