Administrative Law Commons^™

The Hunger Games: Food As A Right, Not A Privilege, Camesha F. Little

FIU Law Review

Despite the United Nations' explicit declaration that all humans have a right to food, food insecurity and hunger remain persistent problems in the United States and around the globe. The dystopian landscapes depicted in novels such as The Hunger Games and Parable of the Sower—societies crippled by poverty, oppression, and pervasive starvation—resonate with sobering contemporary realities. This Article examines existing food laws, food rights, and the current protections safeguarding the United States food supply from a humanitarian perspective. Ultimately, this Article argues that the human right to food must expand to encompass a right to healthy or natural food, and …

Beyond Jarkesy: Rethinking The Role Of Administrative Law Judges In Sec Administrative Proceedings, Mark T. Uyeda, Jaime Marinaro

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Federal Reserve’S Fight Against Covid-19: A Study Of The Corporate Bond Intervention, Noah Seilgson

Fordham Journal of Corporate & Financial Law

In response to the COVID-19 pandemic, the Federal Reserve (Fed) embarked on an unprecedented mission to stabilize the U.S. economy as businesses shut down. One emergency Fed facility, the Secondary Market Corporate Credit Facility (SMCCF), was used to purchase corporate bonds and corporate bond exchange-traded funds (ETFs) in the secondary market. This extraordinary measure, which injected liquidity into the corporate bond market, aimed to mitigate economic fallout for large companies. Purchasing corporate bonds marked a departure from previous Federal Reserve interventions, but the statutory authority was the same as had been used in past crises: Section 13(3) of the Federal …

Alternatives To Delaware? Evaluating Corporate Law In Nevada, Texas, And Wyoming, Joseph Landau, Bailey Swartz, Anthony Rickey, Robert Ragazzo, Benjamin Edwards, George A. Mocsary

Fordham Journal of Corporate & Financial Law

No abstract provided.

Algorithms In Finance: Balancing First Amendment Protections And Regulation, Yusraa Tadj

Fordham Journal of Corporate & Financial Law

As algorithms become a function of decision-making in the financial sector, policymakers, the judiciary, and academics grapple with regulatory questions. With the increased reliance on algorithms in finance, the Securities and Exchange Commission (SEC) proposed a rule to mitigate potential conflicts of interest that can arise out of financial firms using algorithms. Algorithm users, including financial firms, are finding novel ways to protect algorithm use, such as by offering them First Amendment protections.

This Note considers to what extent algorithms can be considered protected speech amidst the complexity of algorithms and relationship within the financial sector. The Note argues that …

A Republic Not Kept: The Administrative State As A Constitutional Break, Noah Swanson

CMC Senior Theses

Conservatives often talk about the American people being governed by “unaccountable bureaucrats” who go against fundamental values of democracy and the Founding Fathers. While a common narrative, little evidence is given to reinforce these strong claims. This thesis works to investigate the accountability of the administrative state and its relationship to the philosophy of the Founding Fathers. Accountability is defined as administrative actions (regulations, notices, etc.) being in line with the original intent of the Congress that passed the action’s empowering statute. If the administrative state goes beyond the mere execution of these statutes and thereby the intent of the …

Healthcare Ai's Unlearned Intermediaries, Charlotte A. Tschider

Faculty Publications & Other Works

The U.S. Food & Drug Administration (“FDA”), as the largest and one of the most influential federal agencies, plays a significant role informing downstream tort actions, such as product liability claims against medical product manufacturers.  The contours of the relationship between regulatory behavior and tort law are allocated according to congressional act and through judicial interpretation of agency action.  While artificially intelligent medical devices are technically regulated by the FDA, FDA regulatory approaches may not meaningfully reduce the probability of patient injury.  When, despite inadequate ex ante processes, injured plaintiffs cannot recover in tort due to court perceptions of regulatory …

Medical Review Officers And The Limits Of Judicial Review, Leonard C. Brahin

Mitchell Hamline Law Review

In the public imagination, defenders of our national security wear military garb. But the individuals who determine their fitness-for-duty wear white coats. The unenviable task of assessing those who make up our national security workforce is carried out by a group of independent physicians who must make nuanced determinations about illicit drug and alcohol use by government employees. In addition to testing roles that may seem unexciting, like accountants and auditors, medical review officers (MROs) are tasked with ensuring employees of nuclear power plants and commercial drivers are fit for duty. In doing so, they rely on their experience, expertise, …

The Reedy Creek Improvement District: A Comparative Analysis Underscoring The Problems In Hampering Special Districts, J. Patrick Moll

Dickinson Law Review (2017-Present)

In 2022, the Florida legislature passed a bill that removed the administration of the Reedy Creek Improvement District, the special district governing the Walt Disney World Resort. The bill replaced it with the Central Florida Tourism Oversight District. Governor Ron DeSantis hailed this legislation as a success in reigning in a corporation operating with unchecked and unprecedented levels of governmental authority. Since its inception, however, the replacement administration has contended with claims of ethical violations, inefficiency, and unconstitutional enactment. Before the repeal of the Walt Disney World special district, special districts themselves were not often present in the Nation’s everyday …

Internet Search Engines’ Privacy Violations And The Lack Of Federal Regulation To Protect Consumers Rights, Elsa M. G. Rodriguez Ogando

Dickinson Law Review (2017-Present)

The United States’ current legal framework regarding internet search engines is disadvantageous to consumers. Federal privacy laws (although not encompassing search engines) grant businesses a strong legal basis in privacy claims and alibies for arbitrary behavior; these laws favor businesses over consumers. Moreover, state privacy laws empower nonspecific agencies to oversee privacy matters and enforce consumers’ rights. Thus, the U.S. privacy legal framework is in need of a new federal law that establishes consumers’ rights, as well as a federal agency dedicated solely to privacy matters. This Article proposes a federal law recommendation based on the standards of the California …

The Ill-Fated History Of Animal Protection Laws: Why Congress Must Create An Animal Protection Agency, Melissa Baines

Animal Law Review

Over the years, the United States Congress has passed several federal laws with the intention of protecting animals from being subjected to inhumane treatment by humans. Such laws have great potential to create positive change for animals, but all of these laws have been delegated to inappropriate government agencies for oversight and enforcement. It is time to finally remove the impossible task placed upon these federal agencies—who have been asked to carry out their own stated mandates while also promulgating rules that effectuate animal protection laws in conflict with those same mandates—by creating a federal Animal Protection Agency with the …

A Market-Based Approach To Effective Slaughterhouse Line Speed Regulation, Kailey Mcneal

Animal Law Review

The nature of animal agriculture in the United States is heavily industrialized and profit-centered. Industrial animal agriculture maximizes profits and production by employing low-wage workers to do significant loads of labor. Slaughterhouses’ implementation of faster line speeds reflects this tactic. As the industry continues to increase line speeds to boost profits, workers, animals, and the environment continue to face augmented risks to their health and safety. Nonetheless, slaughterhouse line speeds at the federal level remain largely un- and under-regulated. The current federal regulatory scheme is unduly influenced by industry interests, prioritizes profit over safety, and lacks effective enforcement mechanisms. Through …

Structuring The President’S Removal Power: An Agency-Specific Approach, Peter Margulies

American University Law Review

Recent Supreme Court decisions have taken a broad view of the President’s power to remove executive branch officials. According to the Court, the President’s Article II obligation to “take Care that the Laws be faithfully executed” generally requires that the President have authority to remove officials at will. The Court has thus far declined to overrule Humphrey’s Executor v. United States, a 1935 decision upholding “forcause” restrictions on removal for multi-member “quasi-judicial” bodies such as the Federal Trade Commission (FTC). Nonetheless, recent Court decisions have eroded the rationale in the earlier case, which has received additional attention because of efforts …

A Small Price To Pay For Better Mental Health Crisis Care: Why States Should Be Funding The New 988 Hotline Through Phone Fees, Katherine Menello

Law Student Publications

Mental health care in the United States is uncoordinated, underresourced, and overall insufficient. Mental health crisis care is much the same, but with much higher stakes. The lack of a comprehensive mental health crisis care system across the country has led to law enforcement involvement becoming the default system in most communities. Yet, an overwhelming majority of Americans want a better way; in a survey conducted in summer 2023, “85% of people sa[id] they want a mental health response to someone experiencing a mental health, drug or suicide crisis, not a police response.”...

Using Public Nuisance Litigation To Address Industrywide Misconduct: Common-Law Statutes, Nondelegation, And Regulation, Hillel Y. Levin, Timothy D. Lytton

Scholarly Works

In this Article, we assert that broad, open-ended public nuisance statutes offer a legitimate legal tool to curb public health harms caused by the unreasonable design, marketing, and distribution practices of product manufacturers. We argue that these statutes are "common-law statutes" by which legislatures authorize courts to apply the concept of public nuisance to new situations using common-law-style reasoning. We demonstrate that this understanding of public nuisance statutes is consistent with well-established interpretive traditions regarding the codification of common law. Statutory delegation of broad interpretive discretion to courts concerning the application of public nuisance law constitutes a legislative choice to …

The Administrative State's Second Face, Emily R. Chertoff, Jessica Bulman-Pozen

Georgetown Law Faculty Publications and Other Works

We often assume that there is one administrative state, with one body of administrative law that governs it. In fact, the administrative state has two distinct faces: one turned toward regulation and benefits distribution, and one turned toward physical force and surveillance. The two faces are growing further apart under the Roberts Court, which has hemmed in the first face with decisions like Loper Bright while showing solicitude for national security and law enforcement agencies.

This Article delineates the two faces of the administrative state. It provides a descriptive account of the second face and the distinctive administrative law that …

The Lacey Act: Balancing The Scales Of Federal Authority And Individual Liberty, Bradley Kwon

CMC Senior Theses

This thesis examines the balance between federal authority and individual liberties within the framework of American federalism, using the Lacey Act as a case study. Enacted in 1900 to regulate wildlife trafficking, the Lacey Act has undergone significant amendments that expanded federal authority and reshaped the balance of power between state governments and individual rights. By integrating theoretical insights from scholars such as Martha Derthick and Dennis LaGory, this thesis explores the federal government’s transition from a cooperative model to a coercive one, particularly during the Rights Revolution of the 1960s. The analysis highlights the legislative history of the Lacey …

Rhode Island Troopers Ass’N V. Division Of The State Police, 316 A.3d 1140 (R.I. 2024), Alexis N. Reed

Roger Williams University Law Review

No abstract provided.

Vidot V. Salisbury, 315 A.3d 928 (R.I. 2024), Alexander Lavoie

Roger Williams University Law Review

No abstract provided.

The 340b Drug Pricing Program: Administration, Litigation, And Reform, Ryan P. Knox, Ameet Sarpatwari

Oklahoma Law Review

No abstract provided.

Modularity, Licensing, And The Nrc, Tara Righetti, Madeleine Lewis

Oklahoma Law Review

No abstract provided.

Doręczenie Wydruku Pisma Uzyskanego Z Systemu Teleinformatycznego Na Podstawie Art. 393 K.P.A. Uwagi Na Temat Miejsca W Nowej Strukturze Doręczeń, Agnieszka Skóra

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Article 393 of the Polish Administrative Proceedings Act (k.p.a.) has played an important role in the digitization of Polish public administration bodies, as a solution to facilitate the functioning of these institutions in the face of technological change. It also ensured that documents could be delivered to people who are digitally excluded, or otherwise not ready to use electronic means of communication. However, in the context of the change in the wording (from 1 January 2025) of Articles 39 and 391 k.p.a., with which Article 393 k.p.a. was immanently linked, its functioning is questionable. In this study, the author characterizes …

“Modernizing Regulatory Review”: A Short-Lived Abandonment Of More Than Four Decades Of Regulatory Review And Benefit-Cost Analysis, Richard Belzer

FIU Law Review

"President Biden’s Modernizing Regulatory Review (MRR) initiative fundamentally altered regulatory procedures, practices, and centralized oversight that had been in place since 1981 when they were formalized by President Reagan in Executive Order 12,291. MRR proceeded in three phases. First, a Memorandum issued on President Biden’s first day in office telegraphing the broad outlines of the plan. Second, more than two years later, an Executive Order codifying the MRR memorandum was issued, combined with implementation guidance issued by the Office of Management and Budget (OMB). And third, OMB guidance on the conduct of regulatory BCA was radically revised, clearly with an …

Emergency Oversight, Catherine Baylin Duryea

FIU Law Review

This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts. This Article analyzes one such experiment: judicial oversight of agencies implementing wartime anti-inflationary measures, i.e. price controls and rationing. During the war, Congress created a specialized court, the Emergency Court of Appeals (ECA), to hear disputes …

A Practical Guide To Investigations And California Administrative Procedure Act Discovery, Allard Chu, Denise Smith

University of San Francisco Law Review

No abstract provided.

Prosecuting Families, Anna Arons

Faculty Publications

Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family regulation agencies and prosecuted by lawyers employed by the government—family regulation prosecutors. Like police and prosecutors in the criminal legal system, this family regulation prosecutorial team wields immense power, particularly over race–class subjugated communities. Yet even as scholarship on criminal prosecutors and on the family regulation system has proliferated, the role of family regulation prosecutors has gone underexamined and undertheorized.

This Article offers a critical examination of the role of these family regulation prosecutors. Drawing on a variety of primary …

Emergency Oversight, Catherine Baylin Duryea

Faculty Publications

This Article examines one of the most pressing questions in administrative law: How much judicial oversight should administrative agencies face during an emergency? This issue was particularly salient during the COVID epidemic, but it is not new. The Second World War saw a significant expansion and consolidation of the power of administrative agencies as well as experimentation with the appropriate oversight role for courts. This Article analyzes one such experiment: judicial oversight of agencies implementing wartime anti-inflationary measures, i.e., price controls and rationing. During the war, Congress created a specialized court, the Emergency Court of Appeals (ECA), to hear disputes …

The Major Questions Doctrine, Post-Chevron?: Skidmore, Loper-Bright, And A Good-Faith Emergency Question Doctrine, Jed Handelsman Shugerman

Faculty Scholarship

When my students and colleagues fretted about Chevron's fate, I have said, "Worry less. Skid-more." Just as old Skidmore "weight" or "respect" returns post-Chevron, the new (and newer) major questions doctrine(s) survive as a reason to give less weight to an agency interpretation. This symposium essay suggests a special role for the post-Chevron major questions doctrine: an Emergency Questions Doctrine. When the executive asserts an emergency power, when the statutory basis is open-ended (often for very good reasons), majorness means less deference to simple and fast textualism, and more time for courts to engage in deeper purposivism to …

Judicial Accountability, Anya Bernstein

Faculty Scholarship

Judicial decisions are moving ever more authority over regulatory statutes away from agencies and to courts instead. One justification offered for this power transfer: agencies lack the accountability of courts. This Article takes up that claim, assessing the institutions’ relative capacities for accountability in their authoritative interpretations of regulatory statutes—agency regulations and court rulings. I take accountability to involve actors undertaking reasoned decisionmaking grounded in publicly recognized values and facts and justifying their decisions to others who can evaluate, influence, or override those judgments. Accountability thus involves a give and take: it gives an account of government reasoning to a …

Environmental Law And Social Mistrust- How The Repeal Of The Chevron Doctrine May Hinder The Epa And More, Rebecca R. Collins

Honors Undergraduate Theses

I am specifically studying the effects of a recent Supreme Court decision will have on administrative law and specifically on the EPA. Simply put, the decision is likely going to foster distrust within the EPA and decisions that are made within environmental law, as the shift goes away from scientific experts, but to less educated legal professionals who interpret the laws. In the past, people thought of the initial Chevron decision as incredibly beneficial for scientific matters and for the environment. Chervon was removed recently with another Supreme Court decision that made this idea obsolete, removing professionals from the power …