Agency Commons^™

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Nature, Types, And Effects Of Agency Under The English Law: A Comparative Study, Younis Salah Eddin Ali Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The agency is considered as one of the legal systems contained in the English common law, which is based on the customary rules and judicial precedents of the English courts. And depended, to a limited extent, on the legislations enacted later. This means that it is one of the legal systems which is characterized by its customary and judicial origins. It is worth-mentioning that the nature of the agency in the English law differs according to whether the agent enjoys the required contractual capacity or not. If he or she does so, it can be regarded as an agreement concluded …

In The Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies And Protect Native Subsistence Rights In Alaska, Kieran O'Neil

Washington Law Review

Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies “require” consultation, agencies routinely approach consultation as a procedural checklist rather than a two-way dialogue for receiving, considering, and incorporating tribal needs and concerns. Substantive failure to consult is particularly harmful for Alaska Native communities that rely heavily on subsistence resources yet lack treaties to enforce hunting and fishing rights. The Alaska National Interest Lands Conservation Act (ANILCA) contains a “rural priority” provision that …

Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern

University of Richmond Law Review

The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …

A Bibliography Of Key Final Agency Determinations Of The United States Department Of Agriculture Risk Management Agency, Chad Marzen

Texas A&M Journal of Property Law

This Article is the first law review article to comprehensively examine Final Agency Determinations (FADs) of the United States Department of Agriculture. A key part of the administrative process within the Risk Management Agency of USDA, FADs contribute to the interpretation and understanding of the Common Crop Insurance Policy, which is the federally-reinsured multi-peril insurance contract. This Article surveys ten of the most significant recent FADs and emphasizes the importance of FADs to litigated disputes between insurance providers and insureds with regard to the federal crop insurance program. Overall, understanding of FADs is critical for stakeholders with the multi-peril crop …

Blue Water Navy Veterans And The Agent Orange Rulings: A Lifeboat For The Veterans; A Storm Warning For The Vba, Jennifer Howley

Catholic University Law Review

Agent Orange was a herbicidal chemical used by the U.S. military for tactical use during the Vietnam War. Although initially told by the government not to worry about exposure to the chemical, veterans, their wives, and their offspring began having severe health and reproductive issues. In the early 1990’s, Congress passed the Agent Orange Act and the government directed the Institute of Medicine to report on the health effects of Agent Orange. Through this approach, Vietnam Veterans could claim benefits for illnesses listed in connection with Agent Orange. But only some Vietnam Veterans.

Initially, only veterans who served on-shore or …

Prostitution And Pornography: Reforming A Perspective, Mayce Combs

Helm's School of Government Conference - 2021-2024

Happiness is a subjective emotion that can quickly be twisted by the depravity of humanity’s sinful nature. Human trafficking deprives an individual’s natural right to life, liberty, and their pursuit to happiness. Of the two divisions of human trafficking, sex trafficking, especially involving children, is the most despicable and most evolved. The United States and further the state of Virginia is a crucial player in combating human trafficking. While there are currently many successful tactics state governments and nonprofit groups are utilizing in order eliminate human trafficking there are further more intense strategies the Virginia State Government should implement. One …

Congressional Oversight Of U.S. Government Programs, Bert Chapman

Libraries Faculty and Staff Presentations

Provides detailed overview of how the U.S. Congress conducts oversight of federal agency programs. Contents include a letter from a member of Congress to an agency head concerning an environmental development in Indiana, information on the foundations of congressional oversight, details on how Congress may require agency reports on various subjects in public laws, an example of a congressionally mandated report by the Department of Defense, documentation of congressional funding of individual federal agencies, examples of congressional committee hearings, congressional committee issuance of oversight and investigative reports which may include dissenting opinions, Congressional Budget Office cost estimates on congressional committee …

An Examination Of Legal Responses By United States To Technological Advances In Organized Drug Smuggling, Abdulwahab Aldossary

Symposium Projects

No abstract provided.

Against The Chenery Ii "Doctrine", Gary S. Lawson, Joseph Postell

Faculty Scholarship

The Supreme Court’s 1947 decision in SEC v. Chenery Corp. (“Chenery II”) is generally taken as blanket authorization for agencies to make law through either adjudication or rulemaking if their organic statutes permit both modes. We think this is an overreading of the doctrine. The decision in Chenery II need not be read so broadly, and there are good reasons to read it more narrowly. The most important reason is that agency lawmaking through adjudication presents serious constitutional concerns involving due process of law and subdelegation of legislative power, at least if the agency action deprives people of life, liberty, …

Congressional Power, Public Rights, And Non-Article Iii Adjudication, John M. Golden, Thomas H. Lee

Notre Dame Law Review

When can Congress vest in administrative agencies or other non–Article III federal courts the power to adjudicate any of the nine types of “Cases” or “Controversies” listed in Article III of the United States Constitution? The core doctrine holds that Congress may employ non–Article III adjudicators in territorial courts, in military courts, and for decision of matters of public right. Scholars have criticized this so-called “public rights” doctrine as incoherent but have struggled to offer a more cogent answer.

This Article provides a new, overarching explanation of when and why Congress may use non–Article III federal officials to adjudicate matters …

Efficiency And Equity In Regulation, Caroline Cecot

Vanderbilt Law Review

The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net benefits to society as a whole, without considering who benefits or who loses from these policies. Critics of this process of regulatory review have celebrated President Biden’s initiative, hoping that distributional analysis and the pursuit of equity will displace traditional tools and interests such as cost-benefit analysis and the pursuit of efficiency. Meanwhile, supporters of the current process are concerned that pursuing equity …

The Liability Trap: Why The Alec Anti-Esg Bills Create A Legal Quagmire For Fiduciaries Connected With Public Pensions, David J. Berger, David H. Webber, Beth M. Young

Faculty Scholarship

Two proposed bills barring public pensions from considering environmental, social, and governance investment criteria create massive legal risk for any pension fiduciary or service provider. The American Legislative Exchange Council “boycott bill” and the “fiduciary duty” bill, if adopted, would impose irreconcilable legal requirements on such fiduciaries, and subject them to compliance with arbitrary and unworkable legal demands.

The main legal problems the bills create fall into four categories:

(1) the unworkable distinction between “pecuniary” and “non-pecuniary,” a distinction so blurry that the bills are self-contradictory, as we demonstrate;

(2) the clash between the bills’ definition of materiality and that …

Epa And Army’S New Wotus Definition And Another Finalized Rule This Spring, Joe Retzer

SLU Law Journal Online

On December 30, 2022, the EPA finalized its rule interpreting "waters of the United States," which redefined the boundaries of the Clean Water Act's jurisdiction. In this article, Joe Retzer discusses the new rule that attempts to implement public input by providing a definition that is clear and consistent for stakeholders and discusses future rules that may be on the horizon.

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Towards Critical Environmental Justice Approach In Multicultural Divided States: Lessons From The Israeli Regulative System, Manal Totry-Jubran

Fordham Environmental Law Review

This article draws upon the evolving framework of the Critical Environmental Approach in examining the conceptualization and manifestation of the Environmental Justice approach and its pillars within the regulatory system of multicultural and divided societies. These are states comprised of marginalized ethnic and minority groups that frequently face instances of social and environmental injustice. Employing this perspective through a case study show that gradual and anecdotic but unorganized and incoherent incorporation of Environmental Justice pillars lacks the capacity to effectively address long-standing historical environmental injustices and fails to challenge the prevailing social framework. In fact, it runs the risk of …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Beyond The Business Case: Moving From Transactional To Transformational Inclusion, Jamillah Bowman Williams

Seattle University Law Review

While workplace diversity is a hot topic, the extent to which the diversity management movement has effectively improved intergroup relations and reduced racial inequality remains unclear.1 Despite large investments in diversity and inclusion training and other company wide initiatives, historically excluded groups remain vastly underrepresented in leadership and the most lucrative careers, such as finance, law, and technology. This calls the efficacy of diversity, equity, and inclusion (DEI) efforts into question, particularly with respect to reducing racial inequality in the workplace.

This Article explains why it is time for organizational leaders to move beyond the transactional case for diversity and …

How Firms Turn Middle Managers Into Diversity Leaders, Alexandra Kalev, Frank Dobbin

Seattle University Law Review

In 2007, the Conference Board published a piece calling middle managers “the biggest roadblock to diversity and inclusion” for standing in the way of change efforts. Today, many chief diversity officers report that they have failed both to diversify middle management and to get middle managers involved in promoting inclusion. We explore popular diversity programs that create “paper” or “symbolic” principles for achieving diversity (diversity policy statements and guidelines for hiring, promotion, and discharge), as well as programs that engage middle managers in promoting diversity (special recruitment and mentoring programs, and diversity task forces). “Paper” policies often fall flat, but …