Topic
Administrative Law
Posts
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ArticleVol. 94 · Iss. 6
Justice Stevens and the Arc of Precedent
In my office, I have a bobble-head doll of Justice Stevens. In one hand, he holds a golf club. Or, at least, he used…
Judge David J. Barron -
NoteVol. 94 · Iss. 2
Constitutional Concerns in Section 8 Housing: Transfer Voucher Terminations and the Impact on Participant Families
Currently, there is a procedural due process void in the existing Section 8 housing regulations, which is having immediate, harmful effects on program participants.…
Amanda R. Engel -
ArticleVol. 95 · Iss. 5
Congress in the Administrative State
In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…
Brian D. Feinstein -
ArticleVol. 95 · Iss. 2
Advisory Nonpreemption
We are living in an era of dramatic and unpredictable technological and business innovation. Federal agencies have been at the forefront of updating substantive…
Sarah E. Light -
ArticleVol. 93 · Iss. 6
What Administrative Law Can Teach the Trademark System
In 2014, the Patent and Trademark Office (“Trademark Office” or “Agency”) made national headlines when it cancelled the Washington Redskins’ trademark registration. The Washington…
Melissa F. Wasserman -
ArticleVol. 93 · Iss. 3
Public Laws and Private Lawmakers
The Obama Administration’s “Clean Power Plan” for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional…
Kimberly N. Brown -
NoteVol. 91 · Iss. 6
Red Tape Tightrope: Regulating Financial Conflicts of Interest in FDA Advisory Committees
In 2001, the Food and Drug Administration (FDA) approved the oral contraceptive Yasmin for use. A similar contraceptive, Yaz, was approved in 2006. Both…
Colleen O Davis -
ArticleVol. 91 · Iss. 5
Noise Reduction: The Screening Value of Qui Tam
Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of…
Anthony J. Casey & Anthony Niblett -
ArticleVol. 91 · Iss. 5
Illegal Secrets
When can the government keep its illegal action secret? In spite of the strong incentive for government officials and institutions to hide unlawful conduct…
Jenny-Brooke Condon -
ArticleVol. 91 · Iss. 1
Sovereignty Mismatch and the New Administrative Law
In the United States, making international policymaking work with domestic administrative law poses one of the thorniest of modern legal problems—the problem of sovereignty…
David Zaring -
ArticleVol. 98 · Iss. 4
Delegating National Security
Conservative scholars and a Supreme Court majority support reviving the nondelegation doctrine as a way to downsize the administrative state. But proposals from these scholars and…
Robert Knowles -
ArticleVol. 98 · Iss. 3
Economic Regulation and Rural America
Rural America today is at a crossroads. Widespread socioeconomic decline outside cities has fueled the idea that rural communities have been “left behind.” The…
Ann M. Eisenberg