Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”,
2020
Georgetown University Law Center
Issuance Of The Keystone Xl Permit: Presidential Prerogative Or Presidential “Chutzpah”, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article uses President Trump's issuance of the Keystone XL Pipeline permit to illustrate the dangers of an imperial presidency, one in which the exercise of discretionary authority, based on neither the text of Article II of the Constitution nor a statute, will in all likelihood be unchecked by Congress, the courts, or popular opinion. To understand the dimensions of this concern, Part I of this article briefly describes the process and requirements for a presidential permit. Part II identifies key facts surrounding issuance of the Keystone XL Pipeline permit, the chronology of its issuance, and commonly given reasons supporting …
The Debt Collection Pandemic,
2020
Texas A&M University School of Law
The Debt Collection Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
As of May 2020, the United States' reaction to the unique and alarming threat of COVID-19 has partially succeeded in slowing the virus’s spread. Saving people’s lives, however, came at a severe economic cost. Americans’ economic anxiety understandably spiked. In addition to worrying about meeting basic expenses, people’s anxieties about money necessarily included what might happen if they could not cover already outstanding debts. The nearly 70 million Americans with debts already in collection faced heightened anxiety about their inability to pay.
The coronavirus pandemic is set to metastasize into a debt collection pandemic. The federal government can and should …
Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law,
2020
Brooklyn Law School
Out Of Options: The Obstructions Hindering Victims Of Non-State Actor Violence Under Current Asylum Law, Kenneth D. Law Jr.
Brooklyn Law Review
Each year tens of thousands of immigrants head to the United States’ shores in the hope of achieving their version of the “American Dream.” This dream is now more elusive than it has ever been due to the Trump Administration’s attempts to limit legal migration by, to an extent, removing certain avenues of entry. Specifically, the Trump Administration severely hindered the ability of victims of domestic and gang violence to apply for one of the few forms of relief afforded to them: asylum. This note analyzes how decisions such as former Attorney General Jeff Sessions’ opinion in Matter of A-B- …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale,
2020
Roger Williams University School of Law
Trump’S Coronavirus Immigration Order Is A Restriction In Search Of A Rationale, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Distinguising Between Core And Peripheral Presential Powers,
2020
Chicago-Kent College of Law
Distinguising Between Core And Peripheral Presential Powers, Harold J. Krent
Chicago-Kent Law Review
No abstract provided.
The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering,
2020
CUNY School of Law
The Trump Administration Versus The Administrative State: A Response To Professor Buzbee's Deregulatory Splintering, Rebecca Bratspies
Chicago-Kent Law Review
No abstract provided.
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals,
2020
Lewis & Clark Law School
The Future Of Progressive Regulatory Reform -- A Review And Critique Of Two Proposals, William Funk
Chicago-Kent Law Review
No abstract provided.
Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?,
2020
Harvard Law School
Response To William W. Buzbee, Deregulatory Splintering: What Might The Other Side Say?, Todd D. Rakoff
Chicago-Kent Law Review
No abstract provided.
The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice,
2020
American University Washington College of Law
The Regulatory Accoutability Act Loses Steam But The Trump Executive Order On Alj Selection Upturned 71 Years Of Practice, Jeffery S. Lubbers
Chicago-Kent Law Review
No abstract provided.
Mischief With Government Information Policy,
2020
Suffolk University Law School
Mischief With Government Information Policy, Renée M. Landers
Chicago-Kent Law Review
No abstract provided.
Administrative Truth: Comments On Cortez's Information Mischief,
2020
Univeristy of Pittsburg School of Law
Administrative Truth: Comments On Cortez's Information Mischief, David Thaw
Chicago-Kent Law Review
No abstract provided.
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman,
2020
Seton Hall University School of Law
Comments On Executive Ruilemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Brexit Bt Susan Rose-Ackerman, Nicholas Almendares
Chicago-Kent Law Review
No abstract provided.
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts,
2020
Columbia Law School
Eroding "Checks" On Presidential Authorty -- Norms, The Civil Service, And The Courts, Peter L. Strauss
Chicago-Kent Law Review
No abstract provided.
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou,
2020
Shepard Broad College of Law
Civil Servant Resistance At The Epa -- A Response To Jennifer Nou, Joel A. Mintz
Chicago-Kent Law Review
No abstract provided.
Civil Servant Alarm,
2020
Sandra Day O’Connor College of Law
Civil Servant Alarm, Bijal Shah
Chicago-Kent Law Review
Civil servants have long resisted presidential immigration policies. However, bureaucratic by superiors, retaliation against resistance is the norm under the current dministration, despite the fact that this resistance has resulted from principled “dissonance” between civil servants’ understanding of their core responsibilities and the priorities emphasized by new political directives. Rather than condemnation, however, frequent incidents of resistance from divergent factions of the immigration bureaucracy, particularly if met with a harsh response from the President, should be characterized as a “fire alarm” imploring a congressional response.
The Opioid Litigation: The Fda Is Mia,
2020
NYU School of Law
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …
State Intent Under International Law,
2020
Clooney Foundation for Justice
State Intent Under International Law, Stephen Townley
Cardozo International & Comparative Law Review
The question of legislative intent has long been a topic of intense scholarly focus in the United States. There has also been a recent uptick in discussion of executive branch intent with the filing of highprofile lawsuits predicated upon allegations of improper motives. However, there has been no corollary effort to unpack the concept of state intent at the international level, where it arises with respect to such varied questions as how to understand the scope of a state's consent, whether a state should be deemed to be negotiating in good faith, and whether a state has engaged in genocide. …
Return Of The King: Corruption Backsliding In America,
2020
LSU Paul M. Hebert Law Center
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Cardozo International & Comparative Law Review
The United States appears to be going through a crisis of corruption. However, it is hard to know whether this is a matter of appearance or if the country is at risk of high levels of corruption making a comeback. The Article applies the equilibrium model of corruptionthe leading social science account of how corruption operates-to the current U.S. system, and shows that the United States may indeed be backsliding. The potential for corruption to creep back up is due to more than the political moment. Rather, it is the result ofpolitics combined with the relatively powerless institutional controls for …
Abolishing Ice Is Not Enough: Using Conservative Judicial Principles To Protect Unauthorized Immigrants From A "Tyrannical Bureaucracy",
2020
Benjamin N. Cardozo School of Law
Abolishing Ice Is Not Enough: Using Conservative Judicial Principles To Protect Unauthorized Immigrants From A "Tyrannical Bureaucracy", Ashley Dylenski
Cardozo Journal of Equal Rights & Social Justice
The note argues that abolishing ICE alone will not resolve the systemic issues plaguing the U.S. immigration system, as the root problem lies in Congress's overdelegation of authority to executive agencies. These agencies, operating under doctrines like plenary power and Chevron deference, wield broad discretion with minimal judicial oversight, leading to inhumane and unpredictable enforcement practices. The analysis advocates for resurrecting the nondelegation doctrine and reasserting congressional authority to restore separation of powers and ensure a more humane and transparent immigration system.
