Administrative Law Commons^™

A Theory Of Major Questions, Nicholas Almendares

Cardozo Law Review

The major questions doctrine has been fiercely criticized as an example of the Supreme Court’s “imperial” turn where it concentrates ever more power in its own hands. The doctrine is sweeping, vague, and lacks a clear justification. Not only does the Court get to decide when the doctrine applies and when the heightened standard is satisfied, but it has also not offered good reasons behind this rule. A well-defined theory would give the doctrine structure, clarity, and consistency. While majority opinions have been conspicuously quiet on the theory behind the major questions doctrine, concurrences, namely by Justice Gorsuch, have argued …

Regulating Robotaxis, Bryant Walker Smith, Matthew T. Wansley

Articles

In several sunbelt cities, commercial robotaxi service has arrived. The leading robotaxi company is providing over 400,000 trips per week. The industry claims that robotaxis will save lives and provide convenient and affordable mobility. Critics counter that they will increase congestion, undermine transit, and subject the public to ubiquitous surveillance. We argue that the social impact of robotaxis depends on how they are regulated. We emphasize two points missing from the debate. First, some of the benefits of robotaxis may be political rather than technological—some longstanding public policy goals may become viable in a robotaxi world. Second, letting one private …

Slaughter, The Symmetry Rule, And What The Decision Of 1789 Actually Decided, Jane Manners, Lev Menand

Faculty Scholarship

During oral argument in Slaughter last month, Solicitor General John Sauer argued that there were three textual sources for an illimitable presidential removal power: the Vesting Clause, the Take Care Clause, and the Appointments Clause. Why the Appointments Clause? Because, he explained, “the power to remove flows to the power to appoint.” According to Sauer, a run of nineteenth century cases, including Ex Parte Hennen, supports this proposition.

Sauer’s contention is not new: Chief Justice Taft in Myers v. U.S. also claimed that in the First Congress, “the express recognition of the power of appointment in [Article II] enforced this …

Rivers Of Sovereignty: The Epa’S New Water Quality Standards Rule As A Potential Channel For Revitalizing Tribal Reserved Water Rights, Mostyn Josty

Cardozo Law Review

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a …

The Elusive Nexus Standard: Differing Approaches To The Asylum Nexus Standard As Applied To Religious Persecution Perpetrated By Gangs, Chloe Schalit

American University Journal of Gender, Social Policy & the Law

In 2015, Ms. Odalis Mireida Chicas-Machado, the secretary of an evangelical church in El Salvador, started getting harassed by members of the MS-13 gang during her walks to and from the church. Chicas-Machado believed that the harassment began because the gang considered her to be an enemy due to her work spreading the message of God to young people who otherwise might have joined the gang. Approximately one year after the harassment commenced, gang members threatened Chicas-Machado with death if she refused to alert the gang when police cars drove by a local store. The gang sought out Chicas-Machado for …

The Unitary Theorists' Appointments Clause Problems, Jed Handelsman Shugerman

Faculty Scholarship

The unitary executive theorists’ recent retreat to the Appointments Clause as a basis for unconditional presidential removal power is contradicted by the text and by overwhelming originalist evidence.

It is a surprising argument for a power of presidential removal, because the text of the Appointments Clause plainly requires both the President and Senate to appoint. The noncommon sense reading, that the president alone appoints, and thus the president can remove, was not in any of the Trump Administration’s briefs, but it was in a single amicus brief, and it was picked up in oral argument and the mainstream media.

This …

Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon

Public Land & Resources Law Review

The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …

Penggunaan Metode Socrates Dalam Mengembangkan Pendidikan Tinggi Hukum Di Indonesia, Syarifah Lisa Andriati, Inneke Kiki Rizki, Ain Najwa Binti Mohd Malian

Jurnal Hukum & Pembangunan

The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic …

Mogok Kerja Tenaga Medis: Problematika Pada Uu Ketenagakerjaan Dan Pilihan Model Pengaturannya, Rama Agung

Jurnal Hukum & Pembangunan

The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide …

Analisis Perluasan Makna Pasal 71 Ayat (1) Undang-Undang Pilkada Berdasarkan Putusan Pengadilan Negeri: Upaya Mewujudkan Keadilan Dalam Pilkada 2024, Supriyadi Supriyadi, Abdullah Iskandar

Jurnal Hukum & Pembangunan

The analysis and study of decisions is actually popular and developed in countries with common law systems, legal scholars, researchers and practitioners there place their court decisions as the primary object of legal study, which is why the existence of court decisions is the main benchmark in applying and shaping the law. In the context of legal development in Indonesia, the study of this decision has had a good place among legal scholars and researchers, this has been proven by the existence of several works produced focusing on the analysis of decisions, such as those popularised by the Judicial Commission …

Tapera: Melindungi Hak Atas Tempat Tinggal Atau Mengancam Kehidupan Yang Layak, Elizabeth Jeneva Samuella, Ida Susanti

Jurnal Hukum & Pembangunan

This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the …

Lahirnya Tensi Metafisik Di Urat-Leher Projek-Projek Interpretasi Konstruktif, Herman Bakir, Mukhtasar Syamsuddin

Jurnal Hukum & Pembangunan

This project is a legal hermeneutics. The aim is to elaborate the paradigm of the law as integrity theory, Ronald Dworkin’s work, which has received recognition as one of the most influential philosophical systems in the world of law throughout the last century. The issues discussed are divided into three subjects: (1) the interpretation role in legitimizing “law” as a corpus that has a “soul”; (2) a concept of interpretation from the womb of the law as integrity theory; (3) the dual capacity of “constructive interpretation” in [a] “returning” law to its roots; and [b] housing “morals” within the body …

Diskursus Kriminalisasi Pemidanaan Terhadap Pemberi Gratifikasi, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30^th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9^th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In …

Six More Weeks Of Winter: The Third Circuit Rejects The Second Circuit’S Lenient Sec Asset Freeze Test And Champions Tradition In Sec V. Chappell, Elayna Tsiouplis

Villanova Law Review (1956 - )

No abstract provided.

The Rise And [?] Of Anti-Administrativism, Gary Lawson

BYU Law Review

Scholars have proclaimed the administrative state to be “Under Siege” or subject to a “Never-Ending Assault.” Was the election of President Donald Trump on November 5, 2024, the sixth, if not yet the seventh, day around the walls?

This seems an appropriate time to consider the present and future of opposition to the administrative state—something that has come to be dubbed “anti-administrativism.” The first task, as is usually the case when one seeks intellectual clarity, is to figure out what one is talking about. What is this “anti-administrativism”? Without knowing the answer to that seemingly simple question, one cannot accurately …

Twilight Of Deference? Kisor, Chevron, And The Fate Of Deference To The Commentary Of The United States Sentencing Guidelines, Hannah May

University of Cincinnati Law Review

No abstract provided.

Enabling Unpredictability And The Perils Of Judicial Science And Math In Ohio V. Epa, Neil Taylor, Bradford Mank

University of Cincinnati Law Review

No abstract provided.

Corner Post, Caremark, And The Rule Of Law: When Corporate Fiduciaries Should Reject Corner Post's Invitation To Sue, Kate Jackson, Bridget Dooling

University of Cincinnati Law Review

No abstract provided.

Regulatory Uncertainty And The New Administrative Law, Lisa Heinzerling

University of Cincinnati Law Review

No abstract provided.

Dysregulation, John Applegate

University of Cincinnati Law Review

No abstract provided.

A Conversation With Judge Stephanos Bibas, Stephanos Bibas, Kevin C. Walsh

Catholic University Law Review

On Friday, March 28th, 2025, the Catholic University Law Review hosted its annual spring symposium: Traditional Judicial Power & Doctrinal Development, which included a conversation between Judge Stephanos Bibas and Professor Kevin C. Walsh. The conversation covered topics such as standing, severability, and preliminary injunctions. This is a transcript of the conversation, and the text appears substantially as it was delivered.

Pembuktian Sederhana Dalam Proses Kepailitan Terhadap Perusahaan Pengembang Pasca Surat Edaran Mahkamah Agung Nomor 3 Tahun 2023, Maya Iswandi

Jurnal Hukum & Pembangunan

Abstract

After the issuance of Sema No. 3/2023, there were various pros and cons to its implementation. This is because the sema has limited and in quotes has protected development companies from bankruptcy proceedings. Sema No. 3/2023 provides immunity to development companies from bankruptcy because they are deemed not to meet the simple proof that must be met in the bankruptcy process. This provision seems to deny the judicial system that should determine the evidence in a case. This certainly causes degradation of legal certainty and consumer protection. Therefore, this research will discuss simple proof in development companies after the …

Tindak Pidana Korupsi Oleh Partai Politik: Urgensi Dan Implikasi Hukum Terhadap Pembubarannya Dalam Sistem Ketatanegaraan Indonesia, Ivani Ananda, Alya Alania Basmine, Nadhira Putri

Jurnal Konstitusi & Demokrasi

Corruption has become an extraordinary crime that damages the integrity of the state and weakens the democratic system, including through the role of political parties that are supposed to be the main pillars of democracy. This research aims to answer the main question: can a political party be dissolved because it is proven to have committed a corruption crime? Using a normative-juridical research method, this paper examines the provisions in the Anti-Corruption Law, the Political Party Law, and the Constitutional Court Law and is associated with the e-KTP corruption case study. The results show that normatively political parties can be …

Rekonstruksi Mekanisme Seleksi Hakim Konstitusi Di Indonesia, Indah Sri Pangestu, Dwi Yuliani, Hertaty Dorothy Dewi Siburian

Jurnal Konstitusi & Demokrasi

The mechanism for selection and election of constitutional judges in Indonesia currently still shows a diversity of procedures in each proposing institution, namely the Supreme Court, DPR and President. The process implemented does not fully reflect the principles of transparency, participation, objectivity and accountability as mandated in the Law on the Constitutional Court. Therefore, it is necessary to standardize the procedures for selection and selection of constitutional judges to ensure a more professional system and integrity. One of the solutions offered is the establishment of an independent institution responsible for the selection and recruitment of constitutional judges with a system …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Legal Considerations On Predictive Policing Based On Italian ‘Algorithmic Administration’ Principles, Stefano Rossa

Yearbook of Antitrust and Regulatory Studies

In Beck’s current risk society, the State is faced with a dilemma. To fail before the risk but to keep the sphere of citizens’ rights intact; or not to fail but to restrict fundamental rights? This payoff turns out to be the main issue that juridical reflections on the use of predictive technology tools in the public sector must consider. Policing is an administrative function that is mainly composed of acts of a preventive nature. By using ICT, it is possible to employ AI systems with a very high rate of certainty to ‘predict’ future crime scene. But is it …

Appeal No.1049: Gaia Exploration, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2025-205

Appeal No.1045: Renee Beem Caughey V. Division Of Oil & Gas Resources Management & Eog Resources, Inc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's 2025=123