U.S. Department of Justice Executive Branch Engagement on Litigating the Administrative Procedure Act
The APA remains the best mechanism to date to achieve statutory optimization and promote public policy in a more honest and accountable government.
Administrative Law Review | Summer 2023
Volume 75, Issue 3
Articles
Constitutional Conceits in Statutory Interpretation
The U.S. Supreme Court's decisions in recent cases, including Brnovich v. Democratic National Committee, carry important legal, political, and policy implications, making it harder for the federal go…
Administrative Regulation of Programmatic Policing: Why Leaders of a Beautiful Struggle is Both Right and Wrong
In Leaders of a Beautiful Struggle v. Baltimore Police Department, the Fourth Circuit had an opportunity to reconceptualize the way the Fourth Amendment applies to programmatic police action.
Comments
Biting the Hand that Feeds?: The Need for Independence and Impartiality in the Title IX Sexual Misconduct Investigation Process at Colleges and Universities
In the face of pervasive sexual misconduct on college campuses, the Title IX sexual misconduct adjudication process is desperately needed in higher education.
Cancel the Debt, Cancel the Tax: Exclude Student Loan Debt Relief from Gross Income Using the General Welfare Exclusion
The federal government's attempt to resolve the mounting student loan debt crisis could unintentionally expose many borrowers to tax bombs.