Amicus In Trump V. Cook: The Fed, Offices As Property, And The Meaning Of “Cause”,
2025
Boston University School of Law
Amicus In Trump V. Cook: The Fed, Offices As Property, And The Meaning Of “Cause”, Jed Handelsman Shugerman
Faculty Scholarship
The Federal Reserve Act states that “each member shall hold office for a term of fourteen years from the expiration of the term of his predecessor, unless sooner removed for cause by the President.” 12 U.S.C. § 242. Based on the historical record, when Congress creates an office with a fixed term of years and protects against removal without “cause,” Congress has both granted “a constitutionally protected property interest” under the Fifth Amendment (that cannot be taken away without “due process”) and extended a statutory entitlement to receive fair notice and a meaningful opportunity to respond before any removal may …
Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons,
2025
Singapore Management University
Government Vicarious Liability And The Concept Of Deemed Equality With Private Persons, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The immunity against Crown liability was abolished in the United Kingdom in 1948 based on the Diceyan notion of rule of law and deemed equality under the law between public officials and private persons. This paper analyses government vicarious liability in respect of the acts and omissions of public officers under the Singapore Government Proceedings Act with reference to the concept of deemed equality. We will discuss the scope of the statute in light of recent common law developments in vicarious liability, statutory exceptions to government vicarious liability that may be justified by the functions of the government in the …
Kegamangan Sistem Perlindungan Dan Pengelolaan Lingkungan: Melihat Uu Ciptaker Dari Perspektif Prinsip Non-Regresi,
2025
Fakultas Hukum, Universitas Indonesia
Kegamangan Sistem Perlindungan Dan Pengelolaan Lingkungan: Melihat Uu Ciptaker Dari Perspektif Prinsip Non-Regresi, Andri G. Wibisana
Jurnal Hukum & Pembangunan
This article evaluates the Environmental Protection and Management Law (UUPPLH) as amended by the Omnibus Law on Job Creation (UUPPLH-Ciptaker) and its implementing regulations. The evaluation uses the normative framework of the principle of non-regression to assess whether the provisions of the UUPPLH-Ciptaker and its implementing regulations represent a setback compared to the legal conditions prior to the enactment of the Omnibus Law. This paper argues that the changes introduced by the UUPPLH-Ciptaker indicate several regressions in Indonesia’s environmental law, particularly in the following areas: a) the weakening of provisions on Environmental Impact Assessment (AMDAL) and Environmental Management and Monitoring …
Bank Supervision And Article Ii,
2025
Columbia Law School
Bank Supervision And Article Ii, Kathryn Judge
Faculty Scholarship
The administrative state is again at a cross roads. The Supreme Court seems poised to continue its march toward trying to fit all of government neatly into one of the three constitutionally enumerated branches. An important front of this shift has been a flattening of the mechanisms through which officers of the United States may be held appropriately accountable for their actions. Waning are the days when Congress had the flexibility to create the institutions it believed were “necessary and proper” for carrying into execution important policy aims and to determine the appropriate mechanisms for accountability in conjunction with considering …
The Inevitability Of Local Environmental Law,
2025
Fordham Law School
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
Fordham Environmental Law Review
The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …
Rethinking Aquaculture Regulation In A Post-Chevron World,
2025
Fordham Law School
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Fordham Environmental Law Review
After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …
An Alternate History Of Chevron, With A Lesson For Today,
2025
Fordham Law School
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
Fordham Environmental Law Review
It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …
Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025),
2025
University of California Berkeley Law School
Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025), Mark Gergen, Gregory Klass, Daniel Markovits
Georgetown Law Faculty Publications and Other Works
In Vera Institute of Justice v. Department of Justice, as in a raft of other cases involving constitutional, statutory, and regulatory challenges to the rapid mass cancellation of federal grants or grant programs, the government has deployed jurisdictional arguments in an effort to restrict the judiciary’s ability to review the legality of executive actions. Specifically, the government has attempted to confine jurisdiction over the plaintiffs’ claims to the Federal Court of Claims, which is powerless to remedy the alleged violations. The arguments by which the government would deny judicial review of the plaintiffs’ claims conflate two distinct considerations: first, …
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management,
2025
Case Western Reserve University School of Law
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management,
2025
Case Western Reserve University School of Law
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Redressing The Harm Of Accelerated Approval,
2025
University of Miami School of Law
Redressing The Harm Of Accelerated Approval, Laura Karas
Articles
The accelerated approval pathway of the United States Food and Drug Administration (FDA) enables drugs to come to market more quickly than would be possible under a traditional FDA approval pathway. Accelerated approval is based upon the agency's determination that changes in a surrogate or intermediate clinical endpoint are "reasonably likely" to predict a clinical benefit meaningful for patients. In essence, the pathway affords sick patients earlier access to potentially beneficial drugs while trials to confirm clinical benefit continue. Accelerated approval has been likened to a social compromise in which promising drugs enter the market sooner in exchange for a …
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025,
2025
Roger Williams University
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act (Powerpoint Slides) 08-01-2025, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act 08-01-2025,
2025
Roger Williams University
27th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act 08-01-2025, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Volume 48 Masthead,
2025
Seattle University School of Law
Keynote Address: Community Over Constitution,
2025
Seattle University School of Law
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric,
2025
Seattle University School of Law
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime,
2025
Seattle University School of Law
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending,
2025
Seattle University School of Law
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance,
2025
Seattle University School of Law
The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker
Seattle University Law Review
The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest,
2025
Seattle University School of Law
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …
