Administrative Law Commons^™

Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …

The Writing On The Wall: A Proposal For Reform Of The Office Of Legal Counsel In The Wake Of The Trump Administration's Border Wall, Sean Dalton

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Office of Legal Counsel (OLC) has become a tool for unchecked executive power, particularly evident in the Trump administration's use of legal justifications for controversial actions like the border wall. The author proposes that Congress has the constitutional authority to reform the OLC to ensure accountability and transparency, addressing the imbalance in separation of powers.

Peninjauan Kembali Demi Keadilan, Alfret Alfret

Jurnal Hukum & Pembangunan

Abstract

As the world of law develops, there are more and more new provisions related to the implementation of Judicial Review (PK). Some concrete examples related to the development of PK provisions themselves are that a PK can only be carried out once. Apart from that, there is also a provision that the public prosecutor cannot carry out request for reconsideration. This raises the question of whether these restrictions do not conflict with the principles of justice. This research was studied using normative juridical methods based on existing legal provisions and decisions. So the results of this research show that …

Justice Collaborator Dalam Pertimbangan Hakim Memutus Perkara, Amalina Fikriyah, Ali Masyhar, Cahya Wulandari

Jurnal Hukum & Pembangunan

Justice Collaborator, which refers to the cooperation between a non-primary perpetrator and law enforcement in uncovering organized crimes, is often used to expose cases of extraordinary crimes. The concept of a Justice Collaborator has become a topic of public discussion following the case involving the murder ordered by Ferdy Sambo, where Ferdy Sambo instructed Richard Eliezer to kill Jhosua Hutabarat. Richard Eliezer was found guilty by the court and was designated as a Justice Collaborator.

Upaya Mediasi Melalui Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (Laps Sjk): (Studi Kasus Sengketa Rehabilitasi Daftar Hitam Nasional (Dhn) Pt X Dan Bri), Benedetto Setyo Utomo

Jurnal Hukum & Pembangunan

Salah satu upaya penyelesaian sengketa di luar pengadilan yang dapat dilakukan oleh LAPS SJK adalah mediasi. Mediasi selain untuk menyelesaikan sengketa, dapat pula bertujuan untuk melindungi hubungan baik yang telah ada di antara para pihak, sehingga walaupun terjadi sengketa, hubungan antara para pihak, di mana dalam hal ini adalah bank dan nasabah, dapat dijaga secara berkesinambungan. Mediasi pada LAPS SJK bersifat rahasia dan mengutamakan win-win solution, sehingga memberikan kenyamanan bagi para pihak yang bersengketa dan mampu menjaga kepercayaan nasabah terhadap sektor jasa keuangan seperti bank. Selain itu, upaya mediasi melalui LAPS SJK menawarkan proses penyelesaian yang lebih cepat, lebih murah, …

Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy

Environmental and Earth Law Journal (EELJ)

Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …

Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston

Environmental and Earth Law Journal (EELJ)

Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …

Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds

Environmental and Earth Law Journal (EELJ)

To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …

Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald

Environmental and Earth Law Journal (EELJ)

Introduced by manufacturing companies in the 1940s, Per-and polyfluorinated substances (“PFAS”) which consist of a group of over 6,000 chemicals, have insidiously made their way into the bloodstream of humans and into the environment. These nearly indestructible, “forever chemicals” that were once thought to be safe for use in firefighting foams, cosmetics, food packaging, non-stick cookware, and water-resistant clothing, are now found to be toxic. PFAS have been found in animals, aquatic life, and natural resources, and are associated with illnesses in humans: PFAS have been linked to various cancers, reproductive issues in women, and birth defects in children. As …

Brief Of Scholars Of Administrative Law And The Administrative Procedure Act As Amici Curiae In Support Of Respondents, Jeffrey Lubbers

Amicus Briefs & Court Filings

The principle of judicial deference to agency interpretations of law has been a pillar of this Court's administrative law doctrine for more than a century. This Court's decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), formalized one version of that principle, creating the two-step framework that is now subject to a multifaceted attack. Among other things, Chevron's opponents argue that the doctrine is at odds with the original public meaning of the Administrative Procedure Act. This is wrong, and the text and history of that landmark statute provide no basis for …

Brief Of Amici Curiae Administrative And Federal Regulatory Law Professors In Support Of Respondents, Andrew F. Popper

Amicus Briefs & Court Filings

Amici write to address the first question presented: whether Chevron should be overruled. Properly understood, it should not. Chevron has been much discussed but not always understood. On the one hand, courts have sometimes misapplied the doctrine or failed to understand its legal foundations. On the other, courts and commentators alike have criticized Chevron, often as a result of such aggressive applications. This case provides an opportunity for the Court to clarify what Chevron does and does not entail, while reaffirming the essential role that judicial recognition of constitutionally delegated policymaking authority plays in federal statutory programs. Many of …

The Role Of U.S. Government Regulatioms, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed coverage of information resources on U.S. Government information resources for federal regulations. Features historical background on these regulations, details on the Federal Register and Code of Federal Regulations, includes information on individuals can participate in the federal regulatory process by commenting on proposed agency regulations via https://regulations.gov/, describes the role of presidential executive orders, refers to recent and upcoming U.S. Supreme Court cases involving federal regulations, and describes current congressional legislation seeking to give Congress greater involvement in the federal regulatory process.

Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel

Online Publications

Administrative agencies’ law-generating powers have long been recognized, as has the importance of making agency-generated law available to the public. In 1971, the Administrative Conference of the United States (ACUS) recommended that “agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.” Over the years, ACUS has adopted numerous recommendations to that end.

Reviewing Mixed Questions Of Fact And Law In Administrative Adjudications: Why Courts Should Move To "Substantially Established Facts", Gwendolyn Savitz

Villanova Law Review (1956 - )

No abstract provided.

Contextual Determinants Of Re-Reporting For Families Receiving Alternative Response: A Survival Analysis In A Midwestern State, Jianchao Lai, Michelle Graef, Todd Franke, Toby Burnham

Center on Children, Families, and the Law: Faculty Publications

Differential response (DR) has been widely adopted in over 30 states to address shortcomings of the traditional approach to child maltreatment reports in complex family and case circumstances. However, despite continued evaluation efforts, evidence of the effectiveness of DR remains inconclusive. The current study aims to assess the impact of a DR program and potential predictors, including service match and number of family case workers, on maltreatment re-reports in a Midwestern state. The study utilized a randomized control trial and assigned eligible families to either the Alternative Response (AR) track or Traditional Response (TR) track. The enrollment was implemented in …

Lost In Transmission: How To Bring More Clean Energy Onto The Grid, Ryan Block

Student Scholarship

The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid. It reviews the statutory underpinnings of FERC’s interconnection authority and analyzes key federal regulations, including pending FERC proposals, and finds that current backlogs are the product of …

Temporary Nuclear Waste Siting Is A Major Problem But Not A Major Question, Dylan Cohen

Michigan Journal of Environmental & Administrative Law

Mitigating global warming requires robust change in the country’s energy policy. One area ripe for such change is nuclear waste storage, which has long confounded the federal government. The Nuclear Regulatory Commission (NRC) seems to have found a solution. It empowered private industry. But it might have run into a problem: the major questions doctrine. Though the major questions doctrine can indeed operate to constrain overzealous agencies, the NRC has acted within its authority, and private industry—by virtue of its Executive-branch grant of authority—should be allowed to help.

Delegation Inside The Executive Branch, Stephen Migala

Nevada Law Journal

No abstract provided.

Movement On Removal: An Emerging Consensus On The First Congress, Jed Shugerman

Faculty Scholarship

What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees that there was not much consensus in the First Congress.

Two more questions follow: Is the “unitary executive theory” based on originalism, and if so, is originalism a reliable method of interpretation based on historical evidence?

The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary executive theorists and their critics to debate recent historical research questioning …

Populist Constitutionalism, Anya Bernstein, Glen Staszewski

Faculty Scholarship

A Supreme Court majority has expressed hostility to administrative agencies. Yet, as this Article explains, agencies provide the primary site in our government for pluralistic contestation among disparate policy views. A political vision we identify as agonistic republicanism—a convergence among deliberative democrats, republican theorists, and agonism supporters—places such multilateral deliberation and debate among differing social groups at the foundation of democracy. A contrary vision, authoritarian populism, imagines a single leader embodying the will of a unified people with little use for the institutional mediation of divergent perspectives. This view, prominent in politics, enters legal theory through the rhetoric of judicial …

The Authoritativeness Of Electronic Administrative Decision, Badr Abdullah Al-Matroudi Dr.

UAEU Law Journal

Recent years witnessed great and noticeable development at all levels as a result of the information revolution and the development of means of communication and technology that had a great impact in changing the lifestyle. Accordingly, it is requisite and even necessary for the government departments and agencies in the Kingdom to keep pace with this advancement to absorb the new developments revealed by the changing reality of life. We are well aware that traditional administration has become useless in keeping pace with the times, in the light of the civilizational renaissance the Kingdom is witnessing in the pursuit of …

Teaching Administrative Law Research: Preparing Law Students For Regulatory Practice, Susan Azyndar

Journal Articles

A quick skim of daily headlines shows the breadth of regulatory law, from recommendations to limit the F.B.I’s use of warrantless surveillance to how the Consumer Product Safety Commission defines e-bikes. Many lawyers practice exclusively in regulatory settings, confronting these new developments continuously, and even lawyers who focus on less regulation-centric areas will still encounter administrative law. Law students, therefore, need to develop skills particular to practicing in this legal environment.

Board Of Pharmacy, Shannon Dart, Angela O’Hara

California Regulatory Law Reporter

No abstract provided.

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Brief Of Administrative Law Scholars As Amici Curiae In Opposition To Petitioners' Request For Reversal, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici curiae are administrative law scholars from universities around the United States.

They are: • William D. Araiza, Professor of Law and Dean of Brooklyn Law School; • Blake Emerson, Professor of Law at UCLA School of Law; • Jeffrey Lubbers, Professor of Practice in Administrative Law at American University Washington College of Law; • Todd Phillips, Assistant Professor of Business Law at Georgia State University J. Mack Robinson College of Business; and • Beau Baumann, Doctoral candidate at Yale Law School.

Amici have a strong interest in how the Court’s decision will affect the field of administrative law and …

A Theory Of Substantive Standards Of Review: The Case Of Corporate Law, Tomer S. Stein

Scholarly Works

In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited deference to universities. In West Virginia v. EPA, the Court reduced its deference to administrative agencies. In Coster v. UIP Cos., Inc., the Delaware Supreme Court limited deference to boards of directors, proclaimed a new standard of review, and then retracted the new standard of review (maybe). Common to these constitutional, administrative, and corporate law cases is unpredictability, uncertainty, and inconsistency in the use and application of substantive standards of review. This doctrinal chaos is explicitly acknowledged by the very judges that formulate …