Administrative Law Commons^™

A Strategic Approach To “E”Sg Reporting, Taylor Nchako

Lewis & Clark Law Review

Environmental, Social, and Governance (ESG) factors have emerged as an important investment tool for the financial sector to address climate change. While the federal government has abandoned ESG disclosure, U.S. firms still face reporting obligations domestically and abroad. States across the country have proposed or passed two types of disclosure laws: greenhouse gas emissions disclosure and climate risk disclosure. These state-level efforts mirror actions in the European Union, Canada, and other jurisdictions in which U.S. firms operate.

As ESG disclosure standards are adopted in jurisdictions around the world, these standards are undergoing various advancements, reductions, and contestations. These shifts in …

Quo Warranto In The Aftermath Of Loper Bright, Dennis Hall

Lewis & Clark Law Review

In 2024, the Supreme Court did away with Chevron deference in Loper Bright Enterprises v. Raimondo. One previously undiscussed consequence of this decision is how it opens the door to a broader use of quo warranto corporate charter revocation. Quo warranto is a legal remedy held by the states that has fallen into relative obscurity, but it has the power to regulate large corporations that have strayed from the bounds of acceptable activity. This Comment examines the history of corporations and corporate oversight regulation in the United States, as well as the history of quo warranto as a remedy. Additionally, …

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 …

Rebalancing The Milk Market: A Shared-Burden Framework For Dairy And Plant-Based Producers, Isabelle Ulrich

Mitchell Hamline Law Review

This Note examines the structural and regulatory differences between traditional dairy products and the rapidly expanding plant-based milk products in the United States. Through analysis of historical Federal Milk Marketing Order policies, mandatory checkoff programs, and contrasting labeling standards in the United States and European Union, this Note reveals how plant-based milk producers enjoy competitive advantages without sharing the financial or regulatory burden that traditional dairy producers face. This Note argues for a shared-burden policy requiring all entities marketing “milk,” whether dairy or plant-based, to contribute to promotional and regulatory funds. This framework will restore market fairness, preserve consumer choice, …

Key

California Regulatory Law Reporter

No abstract provided.

The Nlrb’S Authority To Make Workers Whole, Wanny Mei

Fordham Law Review

In December 2022, the National Labor Relations Board (NLRB or the “Board”) announced a modified make-whole remedial framework in Thryv, Inc.For all standard make-whole relief orders, the Board would order relief for direct or foreseeable pecuniary harms that employees suffer as a result of an unfair labor practice. Proponents of this remedial design assert that this is consistent with the Board’s authority under section 10(c) of the National Labor Relations Act (NLRA). On the other hand, opponents find that this design exceeds the Board’s statutory authority and conflicts with the Seventh Amendment right to a jury trial.

This Note …

Effects Of Expropriation Of Private Real Estate For Public Benefit In Saudi Law And Islamic Law, Hayat Mohammadali Hassan Nimir

Theses and Dissertations

The expropriation of private real estate for public benefit represents one of the most sensitive and complex legal issues, as it directly intersects with the protection of individual ownership rights while simultaneously addressing the demands of public interest and state development. This research provides a comprehensive analytical study of the legal framework governing expropriation in Saudi Arabia, examining both historical and contemporary legislation, while assessing its consistency with the objectives of Islamic Sharia, which grants strong protection to ownership rights but allows their restriction under strict conditions to serve genuine public needs.

The dissertation explores the theoretical foundations of property …

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

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 …

How The Proposed Esa Habitat Rule Harms Species On Public Lands, Sandi Zellmer

Faculty Journal Articles & Other Writings

At present, there are 1,684 federally listed endangered and threatened species in the United States. Habitat modification is the primary reason for listing. The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration (NOAA) have proposed a rule that would rescind their decades-old definition of “harm” under the Endangered Species Act (ESA). Currently, “harm” is the only term within ESA Section 9’s prohibition on “take” that encompasses habitat modification. If modifying habitat is no longer a “take,” the ESA itself would be rendered incapable of satisfying Congress’s goal: “to halt and reverse the trend toward species …

A Mandate With Teeth: Biting Back At The Neglect Of New York's Humane Education Law, Mei Brunson

Animal Law Review

New York passed its compulsory humane education law in 1917, which obligates school districts to provide weekly instruction in the “humane treatment and protection of animals” to all elementary school students. Though this mandate is clear, New York school districts routinely ignore it and deprive students of the humane education that they are statutorily entitled to. To make matters worse, the New York Commissioner of Education has abdicated their responsibility to enforce this minimum educational standard. Over the years, the laudable efforts of advocacy groups, educators, and legislators have brought about some instances of district compliance. Nevertheless, widespread district noncompliance …

Reconstituting A Constitution, And A Republic: The Architecture Of Authoritarian Rule, J. Maria Glover

Georgetown Law Faculty Publications and Other Works

A constitution can be remade without tearing it down, or even changing a single word. It is done by law.

“The judicial power is vested in one Supreme Court and in such inferior courts as Congress may establish,” whose “province and duty” it is to “say what the law is.” U.S. Const. Art. III §1; Marbury v. Madison, 5 U.S. 1 (Cranch) 137 (1803). It is not the power to remake the Constitution that grants it.

The Supreme Court is turning the inherited powers that hold power to law into instruments of its own aggrandizement. It is taking authority from …

Rethinking The Religious Purpose Test After Catholic Charities Bureau: The Sincerity-Then-Standards Framework, Victoria Litman

Roger Williams University Law Review

No abstract provided.

Get Out Of Jail Free: The Monopoly Of Big Pharma & Drug Addiction, Melissa E. Morello

Journal of Race, Gender, and Ethnicity

This article analyzes the legal and social parameters of drug addiction and the opioid epidemic, arguing that pharmaceutical companies, lawmakers, and systemic institutions have effectively “gamified” public health, addiction, and their own accountability. It traces the historical trajectory of drug regulation, from early opioid use and racially motivated enforcement policies to the War on Drugs and the emergence of the prescription opioid epidemic fueled by aggressive pharmaceutical marketing. The analysis explores pivotal case law and legislation addressing addiction, highlighting the legal system’s struggle to reconcile criminal accountability with the recognition of addiction as a disease. Throughout this article, there will …

Preempted Or Permitted? State Immigration Enforcement, Federal Preemption, And The Future Of Immigration Policy, Aryn Kerr

Oklahoma Law Review

No abstract provided.

Oklahoma’S Bible Policy: The Evolving Establishment Clause From Lemon To Kennedy, Carson Douglas Shaw

Oklahoma Law Review

No abstract provided.

From Chevron To Chaos: How Loper Is Redefining The Future Of Health Privacy, Skylar Johnson

Oklahoma Law Review

No abstract provided.

Clawbacks As Ransomware Deterrence, Samantha Blond

Oklahoma Law Review

No abstract provided.

Breaking Free – The Legality Of The Ftc’S Fight Against Non-Competes, M. Akram Faizer

Oklahoma Law Review

No abstract provided.

The Kinder, Gentler Irs? Where?, Harvey Gilmore

Touro Law Review

Recently, Congress passed the Inflation Reduction Act which provided $80 billion of new funding to the Internal Revenue Service (“IRS”), allegedly to upgrade and streamline its operations, and hopefully be a little more taxpayer friendly as a result. The truth is that the IRS is well known to this day for its reputation for intimidation and unfriendliness, and I firmly believe that the IRS does not exactly go out of its way to try to dispel that reputation. Unfortunately, some more real-life incidents have recently come to the surface that suggest yet again that this is the same old IRS, …