The administrative agon: A democratic theory for a conflictual regulatory state

DE Walters - Yale LJ, 2022 - HeinOnline
A perennial challenge for the administrative state is to answer the" democracy question":
how can the bureaucracy be squared with the idea of self-government of, by, and for a …

Legislative Constitutionalism and Federal Indian Law

M Blackhawk - Yale LJ, 2022 - HeinOnline
The United States has reached a moment in its constitutional history when the Supreme
Court has asserted itself as not only one of, but the exclusive, audience to ask and answer …

Americana Administrative Law

BJ Baumann - Geo. LJ, 2022 - HeinOnline
In November 2021, the Biden Administration mandated that businesses with at least 100
employees require either full COVID-19 vaccinations or weekly COVID-19 testing as a …

The Executive Power of Removal

A Bamzai, SB Prakash - Harv. L. Rev., 2022 - HeinOnline
T he assertion that Presidents enjoy a constitutional power to remove executive officers
implicates one of the oldest constitutional disputes. From debates in the First Congress, to …

Interring the Unitary Executive

CK Chabot - Notre Dame L. Rev., 2022 - HeinOnline
INTERRING THE UNITARY EXECUTIVE Page 1 INTERRING THE UNITARY EXECUTIVE
Christine Kexel Chabot* The President's power to remove and control subordinate executive …

The Not-So-Standard Model: Reconsidering Agency-Held Review of Administrative Adjudication Decisions

RS Eisenberg, NA Mendelson - Admin. L. Rev., 2023 - HeinOnline
THE NOT-SO-STANDARD MODEL: RECONSIDERING AGENCY-HEAD REVIEW OF
ADMINISTRATIVE ADJUDICATION DECISIONS Page 1 THE NOT-SO-STANDARD MODEL …

Abortion Politics and the Rise of Movement Jurists

RL Tsai, M Ziegler - UC Davis L. Rev., 2023 - HeinOnline
This Article employs the Supreme Court's decision in Dobbs v. Jackson Women's Health
Organization and litigation in its wake as the jumping off point to reconsider the connections …

Antisubordinating the Second Amendment

DY Li - Yale LJ, 2022 - HeinOnline
After over a decade of silence, and fourteen years since its landmark decision in District of
Columbia v. Heller, the Supreme Court has fundamentally expanded and reshaped Second …

Nonexclusive Functions and Separation of Powers Law

I Wurman - Minn. L. Rev., 2022 - HeinOnline
The Supreme Court does not have a unified theory of the separation of powers. In some
cases, the Court has adopted an approach that scholars describe as formalist: the …

The Major Questions Doctrine at the Boundaries of Interpretive Law

DE Walters - Iowa Law Review, Forthcoming, Texas A&M University …, 2023 - papers.ssrn.com
Abstract The Supreme Court's transformation of the major questions doctrine into a clear
statement rule demanding clear congressional authorization for “major” agency actions will …