Administrative Law Commons^™

Reconstructing The Administrative State In An Era Of Economic And Democratic Crisis, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

Foreword: Private, Environmental, Governance, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

This essay is the invited foreword to the 2017 J.B & Maurice C. Shapiro Environmental Law Symposium issue of the George Washington Journal of Energy and Environmental Law. The 2017 symposium was dedicated to the issue of private environmental governance. This essay recognizes the incredible growth of private environmental governance as an area of study in the legal academy. In addition to introducing the various contributions to the symposium issue, this essay proposes that rather than merely studying "private environmental governance" as an independent concept, scholars should look closely at the individual components, "private," "environmental," and "governance," to better understand …

Third-Party Institutional Proxy Advisors: Conflicts Of Interest And Roads To Reform, Matthew Fagan

University of Michigan Journal of Law Reform

With the rise of institutional activist investors in recent decades—including a purported 495 activist campaigns against U.S. corporations in 2016 alone—the role that third-party institutional proxy advisors play in corporate governance has greatly increased. The United States Office of Government Accountability estimates that clients of the top five proxy advisory firms account for about $41.5 trillion in equity throughout the world. For several years, discussions have developed regarding conflicts of interest faced by proxy advisors. For example, Institutional Shareholder Services, the top proxy advisory firm in the world, frequently provides advice to institutional investors on how to vote proxies while …

Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat

University of Michigan Journal of Law Reform

This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and …

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

“Encroachments And Oppressions”: The Corporatization Of Procedure And The Decline Of Rule Of Law, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

This Article begins by providing a brief account of the corporatization of procedure through judicial decision-making and noting some of the detrimental effects it has had on the preservation of rule of law and access to justice. Part II goes on to explore how the judiciary does not retain full control over procedure and how corporate entities have little care for whether a procedural reform simply cuts back at litigation or goes further and cuts back at judicial power and the judicial role itself. To illustrate these points, Part II examines the most recent attempt at "procedural reform" by corporate …

Reconstructing An Administrative Republic, Jeffrey A. Pojanowski

Michigan Law Review

Review of Jon D. Michaels, Constitutional Coup: Privatization's Threat to the American Republic.

Planning For Excellence: Insights From An International Review Of Regulators’ Strategic Plans, Adam M. Finkel, Daniel E. Walters, Angus Corbett

Faculty Scholarship

What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this question would be to draw on the broader literature on regulatory design, enforcement, and management. But, perhaps a more authentic way would be to look at how regulators themselves define excellence. However, we actually know remarkably little about how the regulatory officials who are immersed in the task of regulation conceive of their own success.

In this Article, we investigate regulators’ definitions of regulatory excellence by drawing on …

Private Wealth And Public Goods: A Case For A National Investment Authority, Robert C. Hockett, Saule T. Omarova

Cornell Law Faculty Publications

Much American electoral and policy debate now centers on how best to reignite the nation’s economic dynamism and rebuild its competitive strength. Any such undertaking presents an extraordinary challenge, demanding a correspondingly extraordinary institutional response. This Article proposes precisely such a response. It designs and advocates a new public instrumentality--a National Investment Authority (“NIA”)--charged with the critical task of devising and implementing a comprehensive long-term development strategy for the United States.

Patterned in part after the New Deal-era Reconstruction Finance Corporation, in part after modern sovereign wealth funds, and in part after private equity and venture capital firms, the NIA …

How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis

Cardozo Law Review

Most scholars believe assisted reproductive technology is subject only to minimal regulation, especially by the federal government. This belief I contend, is wrong. In this Article, I examine agency documents, statements by officials, and letters that the U.S. Food and Drug Administration (FDA) has sent to physicians and researchers over the past fifteen years to reveal an overlooked regulatory program. The FDA has been targeting new forms of assisted reproductive technology that involve small genetic modifications (advanced assisted reproductive technologies or AARTs) through regulatory actions that receive little public, media, or scholarly attention. I term this method of regulation "subterranean …

No Cake For You: Discrimination, Dignity, And Refusals To Serve, William Araiza

Faculty Scholarship

No abstract provided.

Restoring Congress's Role In The Modern Administrative State, Christopher J. Walker

Michigan Law Review

A review of Josh Chafetzm Congress's Constitution: Legislative Authority and Separation of Powers.

Collaborative Enforcement, Andrew Elmore

Faculty Scholarship

Labor standards enforcement in the low-wage workplace has long suffered from a lack of capacity, expertise and remedies that blunt the impact of public and private enforcers alike. The question of how to address these pathologies in state and local workplace regulation has gained new urgency with the virtual explosion of regional labor lawmaking and the deregulatory impulses of the new federal administration.

This Article identifies collaboration between state and local agencies and private, public interest organizations (“PIOs”) as one pathway to address these enforcement gaps, by amplifying the deterrent effect of public and private enforcement and 1 by improving …

Menggagas Pembatasan Pembentukan Dan Materi Muatan Perppu: Studi Perbandingan Pengaturan Dan Penggunaan Perppu Di Negara-Negara Presidensial, Fitra Arsil

Jurnal Hukum & Pembangunan

Government regulation in lieu of law or ‘Perppu’arrangement in Indonesia is more limited than other types of emergency regulations issued by the president in various countries. Such arrangement apprently is not sufficient to be considered as limiting the issuance of the emergency regulations. Some presidential state countries have made changes to provide sufficient restrictions to presidential legislative power. The limitation is not only in terms of its formation procedures but also on the material which can be regulated by the Perppu. Therefore, lessons from other jurisdictionsindeed inspires Indonesia to limit the pasage of Perppu

Konstitusionalitas Ketetapan Majelis Permusyawaratan Rakyat Dalam Hierarki Peraturan Perundang-Undangan, Meirina Fajarwati

Jurnal Hukum & Pembangunan

The Provision of the People Consultative Assembly is a kind and hierarchy of legislations in 2011 Law No. 12 on the Establisment of Law. The Provision of the People Consultative Assembly assignments again in hierarchy of legislation after being eliminated in the hierarchy of legislation with law number 10 years 2004 had created problems because that Provision can’t be judicial review by constitutional court or supreme court. The Provision of the people Consultative Assembly that can’t be judicial review has aroused problems related to exsistence of that Provision as stipulated in law number 12 years 2011

Hubungan Keperdataan Antara Anak Luar Kawin Dan Orangtuanya: Studi Perbandingan Dengan Hukum Keluarga Di Belanda, Rosalinda Elsina Latumahina

Jurnal Hukum & Pembangunan

Post Constitutional Court Decision No. 46 / PUU-VIII / 2010 dated February 17, 2012 on the amendment of Article 43 paragraph (1) of Marriage Act, many questions still raised regarding the implementation of the aforementioned article to establish civil relations between children born out of wedlock and their parents, especially with the father. The verdict by Supreme Court that rejected the lawsuit by Hj. Aisha Mochtar regarding legal status of her son, as well as several other court decisions indicate that there are various interpretations of the Article so that Article 43 paragraph (1) of Marriage Act cannot be implemented …

Kebijakan Pertanahan Bagi Wni Keturunan Tionghoa Di Yogyakarta: Diskrimasi Atau Diskriminasi Positif, Ratih Lestarini

Jurnal Hukum & Pembangunan

This paper intends to examine the enforcement of land policy related land rights for Indonesian citizens of Chinese descent in the Territory Special Region of Yogyakarta. In this context, they can only be granted land rights in the form of HGB, not allowed to obtain property rights to land in Yogyakarta. This restriction is considered as a different treatment of citizens of Chinese descent. This issue becomes important to be discussed considering the Law No. 5 of 1960 on Agrarian Principles ensuring the arrangement of land tenure is directed to be utilized for all Indonesian citizens without exception in a …

Tindakan Hukum Administrasi (Negara) Perpajakan Yang Dapat Berakibat Pada Tindakan Pidana, Harsanto Nursadi

Jurnal Hukum & Pembangunan

The enormous authority possessed by the fiscus in various matters, particularly in establishing tax reduction or abolition, is prone to abuse. Administrative act in the form of tax decision shall end up as a criminal offense of it is an abuse of authority or unlawful. In fact, there are many fiscus who perform taxation administrative acts that stray beyond the authority for their own personal interests or that of taxpayers. Certainly, theycause state loss; therefore, they can qualify as a criminal offense. Thesebeg a question: which taxation administrative acts are lawful and which ones constitute criminal offense?