Administrative Law

1001 ABA Journal articles on Administrative Law.

Judges and the administrative state
The term “administrative state,” or the more pejorative term “deep state” are trending concepts that conjure up images of conspiracies and government bureaucrats run amok.
Judicial independence and accountability in administrative law
The administrative law judiciary, both state and federal, has a greater need to demonstrate its judicial independence than the judicial branch because there have been long-held perceptions by segments of the public, that administrative law adjudicators—who are designated as “ALJs,” “hearing officers,” or “hearing examiners”—are too cozy with the agencies whose cases they hear.
A third federal judge rules against DACA phaseout, but goes further than two previous judges

A third federal judge has ruled against the phaseout of a program protecting immigrants brought to the country illegally as minors, but he has gone further to protect the program…

New judicial litmus test, used to select Gorsuch, aims to shrink the ‘administrative state’

Past Republican administrations have employed an unspoken litmus test on judicial picks. The judges had to be anti-abortion or they had to have conservative views on social issues.

But the…

California suit says census citizenship question violates enumeration clause

Some state attorneys general reacted quickly after the Trump administration announced late Monday that it was adding a citizenship question to the 2020 census.

California Attorney General Xavier Becerra…

Political lawsuits bring the Administrative Procedure Act to the forefront
The Administrative Procedure Act, a little-noticed federal law regarding how government agencies may enact rules, is gaining currency because of its use in lawsuits against the Trump administration, NBC News reports.
Abuses revealed of watchdog public-records laws
State freedom of information laws are intended to allow citizens to keep tabs on their governments. While they expose wrongdoing, mismanagement, reckless spending and even scandal, they also can be abused.
Same-sex couple sues federally funded refugee adoption agency for discrimination

A law professor and her wife have sued the federal government, alleging that a federally funded child services agency refused to consider placing a child with them because they don’t…

Federal officials consider changing hurdle for student borrowers hoping to erase debt in bankruptcy

The U.S. Department of Education will review whether there is a need to change the way “undue hardship” is evaluated in bankruptcy for student borrowers seeking to erase their loans.

Did some agencies violate the Antideficiency Act by staying open during the shutdown?

Some legal experts are questioning whether the government violated the Antideficiency Act by keeping some parks open and some agencies operating during the three-day government shutdown that ended on Monday.

Supreme Court accepts case on endangered frog that tests reach of federal law
The U.S. Supreme Court on Monday agreed to consider a case involving an endangered frog and regulations affecting private property.
Health-care workers with moral or religious objections have support of new HHS division

The Department of Health and Human Services has a new division to help protect health-care workers with moral or religious objections to providing certain types of care.

The agency’s website…

22 attorneys general file petition to block FCC decision repealing net neutrality

Twenty-one states and the District of Columbia have taken the first step in a bid to block the repeal of net neutrality rules.

The 22 jurisdictions filed a petition…

Supreme Court accepts cases on appointment of SEC judges, retailer sales taxes, redistricting

The U.S. Supreme Court granted review in 12 cases Friday, including a challenge to the appointment process for administrative law judges at the Securities and Exchange Commission.

At issue in…

Judge blocks DACA rescission; White House calls decision ‘outrageous’
A federal judge in San Francisco has issued a nationwide injunction that temporarily blocks the phase-out of a program protecting immigrants brought to the country illegally as minors.

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