Administrative Law Commons^™

At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

Building Shields: Accreditation, Insurance, And Public-Private Partnerships As Tools To Safeguard Critical Race Theory And Democracy In Higher Education, Taifha Natalee Alexander

Faculty Publications

(Excerpt)

Following the racial justice uprisings of 2020, universities have become increasingly vulnerable to coordinated political campaigns aimed at dismantling antiracist teaching, training, and research. These attacks, ranging from legislative bans on Critical Race Theory (“CRT”) to executive efforts to dismantle the U.S. Department of Education, expose the fragility of higher education’s role as a guardian of democratic pluralism. This Essay demonstrates that universities cannot rely solely on moral suasion or First Amendment litigation to resist these escalating, structural assaults. Instead, colleges and universities must build a multilayered legal strategy that renders the teaching of CRT and the pursuit of …

Judicial Review Of Agency Discretion, Lisa S. Bressman, Daniel T. Deacon, Glen Staszewski

Book Chapters

Agencies exercise discretion when they make a choice among alternatives that are legally available to them. Such choices come in many different forms. An agency may grant a permit, deny it, or grant it with conditions. It may pro­mulgate a rule that sets specified limits on pollution, and it may or may not afford transition relief to existing sources. Or it may levy a fine against an indi­vidual and decide how high that fine should. be. To the extent the agency is afforded options in making these determinations, it is exercising discretion. This chapter concerns judicial review of agencies' discretionary …

Immigration Adjudication, Judicial Review, And The Uneven Incorporation Of Administrative Law Norms, John Harland Giammatteo

Journal Articles

This article examines the interaction between immigration law and administrative law. Scholars and courts regularly treat immigration as outside of, or exceptional to, the normal operation of administrative law and its norms of judicial review. Yet in the past decade, the Roberts Court has radically reshaped administrative law. This broader administrative law project has largely emphasized the primacy of the federal courts and judicial review, enlarging the putative rights of regulated parties, at the cost of agency power. Within that project, immigration adjudication is a frequent conversation partner. Immigration adjudication is used to undermine the administrative state’s claim to policymaking …