Judicial Review In An Age Of Hyper-Polarization And Alternative Facts,
2018
University of San Diego
Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa
San Diego Journal of Climate & Energy Law
This Article is organized as follows: Part I reviews the case law and commentary on judicial review of agency shifts in policy or practice, focusing on the technocratic case for deference and how recent political realities call such deference into question. Part II sets forth the background and history regarding fuel economy standards, leading to the Obama Administration’s adoption of standards in 2012 and the “midterm” review of those standards that Obama’s EPA declared final as of January 2017. Part II also reviews the legal issues surrounding Trump’s EPA’s “re-opening” of the midterm review. We suggest how courts could, and …
Towards More Intra-Asia Judicial Cooperation In The Constitutional Sphere,
2018
Singapore Management University
Towards More Intra-Asia Judicial Cooperation In The Constitutional Sphere, Maartje De Visser
Research Collection Yong Pung How School Of Law
On 14 August 2015, the Association of Asian Constitutional Courts and Equivalent Institutions unanimously agreed to welcome Myanmar’s Constitutional Tribunal and the constitutional chamber of the Supreme Court of Kyrgyzstan as new members.
The Futility Of Futility: An Analysis Of The Charlie Gard Case Within The Framework Of U.S. Law,
2018
Benjamin N. Cardozo School of Law
The Futility Of Futility: An Analysis Of The Charlie Gard Case Within The Framework Of U.S. Law, Elana Bengualid
Cardozo Law Review
No abstract provided.
Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court,
2018
Boston University School of Law
Testimony Of Rebecca Ingber Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber
Faculty Scholarship
Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.
Table Of Contents And Editorial Board,
2018
Pepperdine University
Table Of Contents And Editorial Board, Michelle Wellnitz
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sec Disgorgement Actions: Equitable Remedy Or Penalty?,
2018
Pepperdine University
Sec Disgorgement Actions: Equitable Remedy Or Penalty?, Armando Lopez
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Mining For Children’S Data In Today’S Digital World,
2018
Pepperdine University
Mining For Children’S Data In Today’S Digital World, Damin Park
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Keeping The Healthcare Industry Accountable,
2018
Pepperdine University
Keeping The Healthcare Industry Accountable, Yoori Chung
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Sg’S Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It,
2018
Pepperdine University
Sg’S Brief In Lucia Could Portend The End Of The Alj Program As We Have Known It, Jeffrey S. Lubbers
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court,
2018
Pepperdine University
Lucia Et Al. V. Securities And Exchange Commission: Opinion Of The Court, Elena Kagan
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party,
2018
Pepperdine University
Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Administrative Law Scholars In Support Of Neither Party, Richard J. Pierce Jr.
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party,
2018
Pepperdine University
Lucia Et Al. V. Securities And Exchange Commission: Brief Of Amicus Curiae The Forum Of United States Administrative Law Judges In Support Of Neither Party, Gerald Marvin Bober
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party,
2018
Pepperdine University
Lucia Et Al. V. Securities And Exchange Commission: Brief Amicus Curiae Of Federal Administrative Law Judges Conference In Support Of Neither Party, John M. Vittone
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Introduction To Lucia Et Al. V. Securities And Exchange Commission,
2018
Pepperdine University
Introduction To Lucia Et Al. V. Securities And Exchange Commission, Selina Malherbe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes,
2018
Pepperdine University
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger
Journal of the National Association of Administrative Law Judiciary
This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …
The Death Of Judicial Independence In Turkey: A Lesson For Others,
2018
Pepperdine University
The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act,
2018
Lehigh University
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dedication To The Honorable Larry Jay Craddock,
2018
Pepperdine University
Dedication To The Honorable Larry Jay Craddock, Julian Mann Iii, Selina Malherbe
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Tax Law: The Ethics Of Tax Lawyering,
2018
UC Law SF
Tax Law: The Ethics Of Tax Lawyering, Heather M. Field
The Judges' Book
No abstract provided.
Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition),
2018
Duke Law
Guidelines And Best Practices For Large And Mass-Tort Mdls (Second Edition), Bolch Judicial Institute
Bolch Judicial Institute Publications
Mass-tort MDLs dominate the federal civil docket, yet they present enormous challenges to transferee judges assigned to manage them. There is little official guidance and no rules specific to the management of mass-tort MDLs, often requiring the transferee judge to develop procedures out of whole cloth.
Beginning in 2013, the Bolch Judicial Institute (then the Center for Judicial Studies) sought to address this issue through a series of annual bench-bar conferences. From these conferences came the Guidelines and Best Practices for Large and Mass-Tort MDLs document — now in its Second Edition — which is designed to help judges and …
