Administrative Law Commons^™

The Public Administration Of Justice, Nicholas R. Bednar

Cardozo Law Review

Adjudicatory agencies decide who receives social-welfare benefits, which inventions deserve patents, and which noncitizens get to remain in the United States. Scholars have argued that agency adjudication lacks sufficient structural and procedural protections to ensure unbiased decision-making. Yet these critiques miss a -key problem with agency adjudication: the lack of adjudicatory capacity. This Article argues that low-capacity agencies cannot satisfy the Due Process Clause's demand for accurate decision-making. To produce accurate decisions, adjudicatory agencies need sufficient levels of capacity: (1) material resources, (2) expert adjudicators, and (3) support staff When agencies lack these resources, their adjudicators rely on various coping …

Why The Court Should Reexamine Administrative Law's Chenery Ii Doctrine, Gary S. Lawson, Joseph Postell

Faculty Scholarship

Part I of this article begins by discussing some fundamental constitutional principles that were raised, sometimes implicitly and indirectly, in the Chenery cases. Those principles point to limits on administrative adjudication that go well beyond those recognized in current doctrine. We do not here seek to push those principles as far as they can go, though we offer no resistance to anyone who wants to trod that path. Instead, we identify and raise those principles to help understand the scope and limits of actual doctrine. Our modest claims here are that constitutional concerns about at least some classes of agency …

Masthead And Table Of Contents, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Disqualifying Conduct: How Failure To Regulate The United States Olympic Committee Enables Athlete Abuse, Allison Berquist

Journal of the National Association of Administrative Law Judiciary

In the aftermath of the USA Gymnastics Scandal, Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 to protect athletes from abuse. This comment examines how years of unregulated Olympic Sport controlled by the United States Olympic and Paralympic Committee (USOPC) created systems that make young athletes vulnerable to abuse. Part I provides a background of the Olympic Movement, specifically detailing events and legislation that prompted recent legislation. Part II describes the Safe Sport Authorization Act of 2017 and Empowering Olympic, Paralympic, and …

Mother Of Exiles: Hospitality & Comprehensive Immigration Reform, Ana M. Rodriguez

Journal of the National Association of Administrative Law Judiciary

This article examines the historical pattern of denying immigration in the U.S. on moral and supposedly Christian grounds. Although it is reasonable that no nation is duty-bound to welcome every foreigner and provide the same benefits afforded those with full citizenship, this article contends that a genuinely Christian response demands the biblical core value of hospitality to others. Indeed, xenophobia is the antithesis of hospitality and cannot be supported by a faithful, exegetical interpretation of the Christian Bible. It should be noted that this article does not propose the emergence of an American theocracy; however, hospitality-based dialogue and humanitarian principles …

The Heart Of The Matter: Icwa And The Future Of Native American Child Welfare, Amelia Tidwell

Journal of the National Association of Administrative Law Judiciary

The United States has a long and tragic history of removing Native American children from their homes and culture at shocking rates. Congress passed the Indian Child Welfare Act (ICWA) in 1978 in response to that crisis and many states have bolstered the Act with state legislation and tribal-state agreements, but racial disparities are still present in the child welfare system today. Some states with low Native American populations joined non-Native American prospective adoptive parents in a constitutional challenge of ICWA, and hundreds of supporters (tribes, organizations, and states) poured out support for the Act. The Supreme Court heard the …

The Immigration Court System: Unconstitutionality At The Hands Of The Executive To Push Nativism, Chloe Wigul

Journal of the National Association of Administrative Law Judiciary

The United States’ immigration court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review and operated under the power of the attorney general. Consequently, the attorney general can review and overrule decisions made by the Board of Immigration Appeals, the immigration appellate body. If the attorney general uses this authority, his decision cannot be reconsidered, and his opinion becomes precedent. Immigration courts are unique in that no other court system is located within or controlled by the executive branch. Focusing on key historical eras, this Comment compares the development of immigration law and policy with …

Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney

Journal of the National Association of Administrative Law Judiciary

Within the past two years, the cryptocurrency market exceeded a record $2 trillion. As of November 2021, there are seventy-five million Bitcoin (a type of cryptocurrency) users and counting. Many states have implemented regulations and policies in response to this massive growth of the crypto market. While some states like Wyoming and Texas welcome cryptocurrency other states, such as New York and Washington, are more apprehensive and seek to constrain cryptocurrency due to its volatility and novelty. In contrast, federal agencies are still debating on how to address cryptocurrency, and glimpses of federal regulation can be seen through the 2021 …

All Cases Matter: Mitigating Bias In The Administrative Law Judiciary, Cherron Payne

Journal of the National Association of Administrative Law Judiciary

After an introduction and explanation of bias in Part I, Part II of this article explores the issue of bias and the underlying factors that configure bias, such as attitude, stereotype, and prejudice. Part II also examines the two principal types of bias, explicit bias and implicit bias, and defines common subsets of bias, such as gender bias. Part III presents implicit bias as an unconscious, utilitarian, and neuroscientific mechanism. Part III examines the neuroscience of decision-making and the neural structures that influence and regulate decision-making processes. Part III also discusses emotion as an underpinning to decision-making and the role …

Klinik Hukum: Sebuah Pendekatan Praktis, Satjipto Rahardjo

Jurnal Hukum & Pembangunan

No abstract provided.

Committing To Agency Independence, Nicholas Almendares

Articles by Maurer Faculty

One of the enduring challenges in politics is that there is little in the way of binding commitments. It is not as if the president and the Speaker of the House can write an effective contract and it is hard to imagine any court ever enforcing it. A commitment by a political actor is therefore only as good as it is credible—that is, if it is in the interests of the actor to keep it, possibly due to mechanisms put in place to induce just those commitments. All this makes analytical tools like game theory well-suited to understanding politics, especially …

The Constitution Of Japan, Harun Alrasjid

Jurnal Hukum & Pembangunan

No abstract provided.

Ways To Participate In Ongoing Regulation Around Artificial Intelligence Ethics In The United States, Wilhelmina Randtke

University Libraries: Faculty Presentations

In January 2021, the US passed the National Artificial Intelligence Initiative Act of 2020. The goal is a cohesive federal AI initiative, and part of that is safety, ethics, and transparency. The act includes funding appropriations for 2021-2025, and roll out takes place over that time. In implementing this law, there is recent and ongoing activity to regulate AI in the US. Regular calls for public participation go out to the public on www.federalregister.gov in the form of open ended questions on which input is requested, and feedback on reports or action plans.

The linked data community is uniquely positioned …

Interpreting The Administrative Procedure Act: A Literature Review, Christopher J. Walker, Scott Macguidwin

Law & Economics Working Papers

The modern administrative state has changed substantially since Congress enacted the Administrative Procedure Act (APA) in 1946. Yet Congress has done little to modernize the APA in those intervening seventy-seven years. That does not mean the APA has remained unchanged. Federal courts have substantially refashioned the APA’s requirements for administrative procedure and judicial review of agency action. Perhaps unsurprisingly, calls to return to either the statutory text or the original meaning (or both) have intensified in recent years. “APA originalism” projects abound.

As part of the Notre Dame Law Review’s Symposium on the History of the Ad- ministrative Procedure Act …

A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran

MC Law Review

A single occurrence of sexual violence on a college campus can lead to any of three major legal outcomes. The first is a traditional criminal prosecution of the alleged perpetrator. The second is a civil lawsuit against the school under Title IX, in which the victim alleges that the school’s disciplinary procedures failed to deliver an adequate response according to the body of law developed by courts interpreting Title IX. The third, which has become increasingly important and visible after a decade of student activism and initiatives by the Department of Education, is an administrative enforcement action by the Department’s …

Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School

Reports and Resources

No abstract provided.

The Promise And Peril Of Chatgpt In Informal Rulemaking, Stephen Johnson

Articles

The dawn of e-rulemaking promised broader public participation, increased government efficiency, and higher quality decisionmaking. Moving notice and comment rulemaking online has increased the number of persons participating in the process for some rules, but not necessarily the quality of the comments they are submitting. In addition, in some cases, the transformation of the process has created new challenges for agencies by making it easier to flood agencies with duplicative and potentially fraudulent comments to which the agencies must respond. Every technological innovation holds promise for improvement of the rulemaking process, though, and artificial intelligence, including ChatGPT, is the latest …

Administrative Regulation Of Programmatic Policing: Why "Leaders Of A Beautiful Struggle" Is Both Right And Wrong, Christopher Slobogin

Vanderbilt Law School Faculty Publications

In Leaders of a Beautiful Struggle v. Baltimore Police Department, the Fourth Circuit Court of Appeals held that Aerial Investigation Research (AIR), Baltimore's aerial surveillance program, violated the Fourth Amendment because it was not authorized by a warrant. AIR was constitutionaly problematic, but not for the reason given by the Fourth Circuit. AIR, like many other technologically-enhanced policing programs that rely on closed-circuit television (CCTV), automated license plate readers and the like, involves the collection and retention of information about huge numbers ofpeople. Because individualized suspicion does not exist with respect to any of these people's information, an individual-specific warrant …

Benchmarks For Reducing Civilian Harm In Armed Conflict: Learning Feasible Lessons About Systemic Change, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Tracing The Roots Of A Poisonous Tree: On The Origins And Impact Of Criminal Terminology In A Civil Apprehension Scheme, Shani Mahiri King, Nicole Silvestri Hall

Articles (Current Faculty)

Language is powerful. It can affect how we think about and treat groups of people. Poor language choices have a massive impact on immigration law, an area of the law that determines how groups of perceived “outsiders” are classified and regulated. Language and bias in judicial opinions have been studied, but less research has been done on poor language choices in immigration statutes.

This Comment focuses on the harmful effects of poor language choices in immigration statutes, including the criminal terminology “arrest” and “warrant” in civil immigration apprehension statutes 8 U.S.C. Sections 1226 and 1357. Two fundamental problems arise when …

Urgensi Pendidikan Camat Selaku Ppat Sementara Dalam Mencapai Nilai Keadilan, Sulkifli Sulkifli, Naily Fadhilah

Jurnal Hukum & Pembangunan

The position of PPAT in its implementation does not rule out the possibility of a vacancy due to the vast territorial area of Indonesia, so that a temporary PPAT is needed, in this case the sub-district head or village head. Temporary PPAT generally has the same duties and authority as PPAT. However, in practice, in carrying out their duties and authority they often make mistakes. This is because not all sub-district heads appointed as temporary PPATs have a legal education background or knowledge about PPATs. The purpose of writing this article is to understand the process of appointing a sub-district …

Perjanjian Perkawinan: Sebuah Analisis Terhadap Putusan Mahkamah Konstitusi 69/Puu-Xiii/2015, Hening Hapsari

Jurnal Hukum & Pembangunan

Marriage agreements remain a frequently debated and somewhat sensitive issue within the context of matrimony in Indonesia, notwithstanding their explicit existence in the country's legal regulations. Governed by the Marriage Law Number 1 of 1974 and addressed in the Civil Code (KUHPerdata/BW), marriage agreements are formulated by spouses before the solemnization of the marriage. However, a significant development occurred in 2015 when a constitutional challenge was raised against Article 29 of the Marriage Law Number 1 of 1974. In its definitive decision, the Constitutional Court ruled that marriage agreements could be established before, during, or after the marriage ceremony. This …

Ketentuan Tpks Dalam Kuhp Baru, Leony Sondang Suryani, Ahmad Ghozi

Jurnal Hukum & Pembangunan

Isu kekerasan seksual terus berkembang sebagaimana perkembangan kejahatan terkait kekerasan seksual. Hal ini dilatarbelakangi oleh semakin maraknya kasus-kasus kekerasan seksual di Indonesia. Untuk menjawab permasalahan ini, maka dibentuklah UU TPKS sebagai solusi dari maraknya kekerasan seksual di Indonesia. Dalam UU TPKS tidak hanya berfokus pada korban perempuan dari tindak pidana kekerasan seksual, tetapi mencakup juga yang disebut kelompok rentan. Namun demikian, reformasi Hukum Pidana Indonesia mengenal adanya KUHP baru yang di dalamnya dimuat prinsip-prinsip penting dalam perumusan eperti rekodifikasi terbuka, prinsip Keseimbangan, dan prinsip lain yang relevan dalam penyusunan KUHP Indonesia. KUHP juga sudah mengadopsi nilai-nilai yang ada dalam konvensi-konvensi …

Perbandingan Sistem Pemilihan Untuk Indonesia Yang Majemuk (Komparasi Dengan Sistem Chile Dan Amerika Serikat), Yulvia Chandra Cipta, Rosita Indrayati, Intan Permata Putri

Jurnal Hukum & Pembangunan

General elections, including the election of president and vice president, legislative members and other regional election, are a manifestation of democracy and the basic principles of the nation in Pancasila and the 1945 Constitution of the Republic of Indonesia. Indonesia currently adheres to an open proportionality election system. As time goes by and many changes occur, the electoral system adopted by Indonesia has many shortcomings, and various problems are also faced, such as identity politics and kinship politics. Based on the many differences in electoral systems in the world, the author examines two other countries, namely Chile and the United …

Putusan Ultra Petita Penanganan Kasus Korupsi Menurut Perspektif Hakim, Y.Sri Pudyatmoko, G. Aryadi

Jurnal Hukum & Pembangunan

This research aims to obtain an overview of ultra petita decisions in corruption cases from a law enforcement perspective. The method used in this research is a normative legal research method, using a case approach. The research was conducted by analyzing the views of several judges regarding ultra petita decisions in corruption cases. The research results show that judges in handling corruption cases refer to regulations from the Supreme Court. In accordance with these guidelines, judges use comprehensive considerations in making decisions. According to the judge in the ultra petita decision against a convict in a corruption case, something like …

Public Policies For Tourism Recovery During Covid 19 Pandemic; A Case Study Of Spain, Mónica Pellejero, José Sanabria, Teresa Aguiar, Yazmina Araujo

ITSA 2022 Gran Canaria - 9th Biennial Conference: Corporate Entrepreneurship and Global Tourism Strategies After Covid 19

The COVID-19 virus has caused the biggest worldwide economic crisis since the Great Depression of the 1930s and a “zero tourism” situation with catastrophic consequences. Many authors analyzed the economic impacts of the COVID-19 pandemic, but none of them have specifically examined Spain and government actions and public policies taken to fight the pandemic. Through the case study methodology, this paper presents a literature review of the most up-to-date studies on the impacts of the COVID-19 global pandemic. Secondly, we specify the different public intervention measures implemented by national, regional, and local authorities in Spain. Finally, we set out the …

Security Of Tenure In Egypt: Policies And Challenges, Arig Eweida

Theses and Dissertations

This thesis explores a set of urban laws and policies adopted in the past decade in Egypt regarding their possible effect on security of tenure as an element of the right to housing. The past decade has witnessed a legislative focus on formalizing tenure rights coupled with policies aiming at redevelopment of informal settlements, infrastructure projects and lately a goal of eliminating unplanned areas by 2030. This research attempts to untangle what these laws and policies could mean for a country with 40% of its housing being informal. It builds on a rich literature on titling programs in developing countries …

Spacs, Forward-Looking Statements, And Rule 419: Is Sec Rulemaking Needed?, Nicholas Vota

St. John's Law Review

(Excerpt)

On October 8, 2020, FirstMark Horizon Acquisition Corp. (“FirstMark” or “Company”) closed an initial public offering (“IPO”) of 41,400,000 units. Each unit was priced at $10.00 and “consist[ed] of one share of Class A common stock of the Company . . . and one-third of one redeemable warrant of the Company.” Each whole warrant provided its holder with the right to purchase “one share of Class A [c]ommon [s]tock for $11.50 per share.” FirstMark generated $414,000,000 in connection with the IPO. These funds were then placed in a trust account and maintained by a trustee.

In a filing submitted …

Implementing Judicial Rulings Issued Against The Administrative Authority In The Kingdom Of Saudi Arabia In Light Of Islamic Law And Positive Law, Sameh Abdullah Mohammed Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Justice is the way of human beings to happiness, tranquility and safety, the individuals turn to judicature to exclude the injustice that sometimes may happens to them by the administration, and may go on the case of what is said that access to the ruling and then implementation is the last step in a long dispute between individuals and management before the judiciary, Individuals in the end execute the judgment.

The purpose of the research is to clarify the means that the administration can use to prevent the execution of the judgments issued against it, to identify the reasons …

Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)