How Judicial Review Can Help Empower People to Vote with Their Feet
Dysfunction, Deference, and Judicial Review
Out of Bounds: Reviving Tinker’s Territorial Nexus to Constrain Schools’ Disciplinary Power over Student Internet Speech
Nick Emmett was a high school senior in 2000. He was a good student with a 3.95 GPA; he was co-captain of his basketball team; and he had no disciplinary history with his school. . . .
Introduction: A Symposium for the Administrative Procedure Act’s 75th Anniversary
At the Administrative Procedure Act’s (“APA”) fiftieth anniversary, Professor Richard Pierce observed that the APA “has proven to be remarkably durable.” The APA’s seventy-fifth anniversary arrives in a time of fruitful discussion among judges, scholars, practitioners, and policymakers alike. . . .
The Origins of the APA: Misremembered and Forgotten Views
In the first weeks of the Trump Administration, a Harvard Law Review article warned that at-tacks on federal regulatory agencies—and calls for their closer judicial supervision—heralded a revival of the “anti-administrativism” that animated attacks on the New Deal in the 1930s. . . .
The Decision of 1946: The Legislative Reorganization Act and the Administrative Procedure Act
In the summer of 1946, Congress enacted two laws that served as the foundation of the modern administrative state. One of them is well-known to scholars of administrative law; the other, to scholars of Congress. The first, the Administrative Procedure Act . . .
Avoiding Authoritarianism in the Administrative Procedure Act
In the 1930s and 1940s, while Congress deliberated how to control the exploding federal bureaucracy, authoritarian regimes grew overseas, raising the specter that the United States would follow suit. Many Americans viewed the New Deal as “dictatorial central planning” and feared that . . .
The Lost World of the Administrative Procedure Act: A Literature Review
The Administrative Procedure Act (“APA”) celebrates its seventy-fifth birthday this year. Its enactment in 1946 was the result of a “fierce compromise” after a decade-long . . .
“Senator, We Run Ads”: Advocating for a US Self-Regulatory Response to the EU General Data Protection Regulation
Nineteenth century remarks and a twenty-first century exchange on the Senate floor demonstrate that observers have viewed and continue to view US data privacy as a trade-off between personal liberty and corporate profit. . . .
Why We Need Federal Administrative Courts
We in the United States pride ourselves on our independent judiciary, and rightly so. In certain respects, though, it is a bit of a myth. Apart from criminal proceedings and a small enclave of constitutional rights, virtually all disputes between citizens and federal agencies are decided by . . .