Administrative Law
Cochran v. SEC
Fifth Circuit Creates Circuit Split by Allowing Prefinal Judicial Review of SEC Enforcement Proceeding
Administrative Law
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Environmental Law
Rollerson v. Brazos River Harbor Navigation District
Fifth Circuit Judges Cast Doubt on Environmental Justice Suits
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Regulation
The Awareness Doctrine
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan viewpoints. The internet grows increasingly partisan…
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Administrative Law
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
D.C. Circuit Upholds Vacatur and Remand of Dakota Access Pipeline Easement, Reverses District Court Order to Cease Pipeline Operations
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Bank Regulation
What is the Law’s Role in a Recession?
In March 2020, the world faced not only a public health emergency but also one of the most profound shocks to the global economy in the modern era — a…
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Administrative Law
Vecinos para el Bienestar de la Comunidad Costera v. FERC
D.C. Circuit Holds FERC Must Explain Refusal to Assess Climate Impacts
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Administrative Procedure Act
From Presidential Administration to Bureaucratic Dictatorship
I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review.Professor, Rutgers Law School, The State University of New Jersey. The author received funding from…
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Administrative Law
Structural Deregulation
Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of government. This picture, we argue, understates…
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Administrative Law
Presidential Primacy Amidst Democratic Decline
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Election Administration
Constraining Executive Entrenchment