Administrative Law Commons^™

Board Of Registered Nursing, Shana Sobel, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Bureau For Private Postsecondary Education, Mikaila Hernández, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

California Public Utilities Commission, Michael J. Melton, Marcus Friedman, Strider Kachelein, R C. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Marie Mcdonald Hulen, Brittany Hodgson, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Contingent Delisting, Justin R. Pidot

University of Colorado Law Review

No abstract provided.

Reconsidering Confidential Settlements In The #Metoo Era, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

Deregulation And Private Enforcement, Brian T. Fitzpatrick

Lewis & Clark Law Review

Many conservatives oppose much of the administrative state. But many also oppose much of our private enforcement regime. This raises the questions of whether conservatives believe the marketplace should be policed at all, and if so, who exactly should do that policing? In this Essay, based on my new book, The Conservative Case for Class Actions, I take a deep dive into conservative principles to try to answer these questions. I conclude that almost all conservatives believe the marketplace needs at least some legal constraints, and I argue that ex post, private enforcement is superior to the alternatives. Not only …

Farm To Food Desert: A Look At How The Agriculture And Nutrition Act Of 2018 Affects Food Insecurity And Access To Fresh Fruits And Vegetables, Lexington Souers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Individual Preferences In Policy Analysis: A Normative Framework, Gabriel Weil

Scholarly Works

Measures of individual preferences are a key input in cost-benefit analysis. However, behavioral science has raised questions about the rationality of these preferences. The Nudge thesis relies on that scientific research to prescribe interventions to influence individual choices. However, the more modest step of limiting reliance on these preferences in evaluating non-paternalistic government policies has not been taken up. We lack a consistent theory of when public policy should defer to these preferences, with legal and policy advocates adopting ad hoc result-oriented approaches. I argue that policymakers should be prepared to override individual preferences in cases where their only plausible …

Punishing The Innocent, Richard Parker

Faculty Articles and Papers

No abstract provided.

The Major Questions Doctrine: How The Supreme Court’S Efforts To Rein In The Effects Of Chevron Have Failed To Meet Expectations, Andrew Howayeck

Roger Williams University Law Review

No abstract provided.

California Board Of Accountancy, Thomas Burke, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Private Law Remedies And Public Law Standards: An Awkward Statutory Intrusion Into Tort Liability Of Public Authorities, Margaret Allars

FIU Law Review

No abstract provided.

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

Administrative Law, Alan Gregory Poole Jr., Chelsea M. Lamb

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2018 through May 31, 2019, in which principles of administrative law were a central focus of the case. Exhaustion of administrative remedies will be the first topic discussed, followed by a review of decisions by administrative agencies, followed by cases discussing the administrative scope of authority, with statutory construction to follow. The Article will conclude with cases discussing the standard of review of decisions by administrative agencies.

The Science Of Administrative Change, Christine Chabot, Barry Sullivan

Faculty Publications & Other Works

Donald Trump repeatedly vowed to reduce regulation during the 2016 presidential campaign. Indeed, one of his key advisors promised to "deconstruct" the administrative state. Since taking office, President Trump has attempted to make good on his promises, spurring federal agencies to brush aside countless regulations that previous administrations had promulgated based on scientific, technological, or economic evidence. Those efforts, which have been dubbed a "war on science," implicate a long-contested question in administrative law: to what extent should a change in presidential administrations excuse agencies from an obligation to justify changes in policy with expert, reasoned analysis of relevant data? …

The Science Of Administrative Change, Barry Sullivan, Christine Chabot

Faculty Publications & Other Works

Donald Trump repeatedly vowed to reduce regulation during the 2016 presidential campaign. Indeed, one of his key advisors promised to "deconstruct" the administrative state. Since taking office, President Trump has attempted to make good on his promises, spurring federal agencies to brush aside countless regulations that previous administrations had promulgated based on scientific, technological, or economic evidence. Those efforts, which have been dubbed a "war on science," implicate a long-contested question in administrative law: to what extent should a change in presidential administrations excuse agencies from an obligation to justify changes in policy with expert, reasoned analysis of relevant data? …

More “Substantial Harm” Than Good: Recrafting Foia’S Exemption 4 After Food Marketing Institute V. Argus Leader Media, Jane E. Kirtley, Scott Memmel, Jonathan Anderson

Mitchell Hamline Law Review

No abstract provided.

Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Angela O’Hara, Bridget Fogarty Gramme

California Regulatory Law Reporter

No abstract provided.

Is Airbnb Polluting The Big Apple? The Impact Of Regulating The Short-Term Rental Service In New York City, Kayla Laskin

Journal of Civil Rights and Economic Development

(Excerpt)

Imagine your boss calls you into his office on a Monday morning. You think you are going to chat about the weekly agenda ahead; however, you notice the sullen look on your boss’s face. You immediately become nervous and think that no good news could possibly come from this meeting. You begin to glance over his desk and notice printouts for unemployment counseling and job listings in the area. Sheer panic begins to spread throughout your body, and then your boss states, “I’m sorry, we’re going to have to let you go.” Your stomach drops to the floor. Your …

Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson

Harvey M. Applebaum ’59 Award

No abstract provided.

Regulating Impartiality In Agency Adjudication, Kent H. Barnett

Scholarly Works

Which should prevail—the Take Care Clause of Article II or the Due Process Clause? To Justice Breyer’s chagrin, the majorities in Lucia v. SEC and Free Enterprise Fund v. PCAOB expressly declined to resolve whether the U.S. Constitution condones SEC administrative law judges’ and other similarly situated agency adjudicators’ current statutory protection from at-will removal. The crux of the problem is that, on one hand, senior officials may use at-will removal to pressure agency adjudicators and thereby potentially imperil the impartiality that due process requires. On the other hand, Article II limits Congress’s ability to cocoon executive officers, including potentially …

Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey

Faculty Articles

The course of a pandemic is as much a function of social structures as protein structures. Law is among the most important of these social structures, and it is among those most capable of the kind of rapid adaptation that is needed against an exponentially replicating virus. Thus, there is an urgent need to scrutinize the role of the law in impeding or supporting timely and effective measures to combat the great pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and its associated malady, coronavirus disease 2019, better known as COVID-19. This Essay offers a look back on …

Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, Rachel Dunham

Roger Williams University Law Review

No abstract provided.