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The article analyzes whether the Daubert standard govern admissibility of expert witness testimony in civil and criminal proceedings under the Florida Administrative Procedure Act. Topics discussed include applicability of the rule of sequestration in Fla. Indus. Power Users Grp. v. Graham, reliability of expert testimony in the SDI Quarry case against a mining company for compensatory damages to a man-made lake, and discretion of administrative law judges to apply Daubert in several cases.

Purpose: The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature. Design/methodology/approach: Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen's (1994) definition of TQM and Vinni's (2007) review of new public management and Swiss (1992) "reformed TQM" concepts. Findings: Australia's Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized. Research limitations/implications: This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis. Practical implications: Understanding TQM's impact on legal systems expands the system's perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM's influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations. Social implications: The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization's business or industrial sector. Originality/value: There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s. [ABSTRACT FROM AUTHOR]

The purpose of the work is to study the principles of legality and justice in the practice of administrative proceedings of the Republic of Kazakhstan. For this, methods such as system and comparative analysis, logical analysis, deduction, induction, and formal-legal methods were used. During the implementation of the study, the significance, and role of legal principles in administrative justice in the Republic of Kazakhstan were investigated. After analysing the model of the transition of the countries of the former USSR to the system of administrative justice and the specifics of its implementation in Kazakhstan, it was concluded that the principles of legality and justice are legally fixed in the Administrative Procedure Code of the Republic of Kazakhstan. This article analyses the studies of both Kazakhstani and foreign scientists concerning the application of laws and principles in administrative proceedings. In addition, some aspects of improving the system of administrative justice in the context of legislative regulation of the application of legal principles are considered. The practical value of the results obtained is to provide recommendations that will have an impact on the activities of the administrative justice system of Kazakhstan and will allow it to be implemented more efficiently. [ABSTRACT FROM AUTHOR]

This article offers a solution to the numbers problem within an individualist moral framework. Its central aims are as follows: to rescue individualist moral theories, such as moral contractualism, from their long-standing problem with interpersonal aggregation; to demonstrate how, proceeding from an individualist mode of justification, we can nevertheless make the numbers count without directly counting the numbers; to provide an individualist rationale for accepting a partially aggregative criterion of adjudication for resolving interpersonal trade-offs; and finally, to develop an extensionally adequate version of partial aggregation that finds application in more structurally complex cases. [ABSTRACT FROM AUTHOR]

In Türkiye, in accordance with European Union harmonization laws, the Biosafety Act No. 5977 entered into force on September 18, 2010. The basic legislation regarding the application process is composed of the Biosafety Act, Regulations on Genetically Modified Organisms and Their Products, and Regulations on Working Procedures and Principles of Biosafety Board and Committees. Biosafety legislation foresees a special application procedure for genetically modified organism (GMO) food, food products, feed, and other products. The application regulated in the Biosafety Law is a special administrative procedure in nature. The primary objective of this study is to explain the legal regime of this application procedure. While explaining this issue, relevant limitations will be discussed in detail, and solutions will be presented for such limitations. This study was divided into two parts. The first part examines the basic concepts related to the application will be examined, including its scope and nature of the application, the prohibitions, and exceptions related to the application, the applicant, and the relevant authorities. The second part focuses on the application process, covering notifications to the applicant and reasons for rejection of the application, evaluation of the application, final decision stage, and simplified procedure. [ABSTRACT FROM AUTHOR]

Copyright of Verwaltung und Management: Zeitschrift für Moderne Verwaltung (VM) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anuario Turismo y Sociedad is the property of Universidad Externado de Colombia, Facultad de Empresas Turísticas y Hoteleras and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The scientific article is devoted to the study of the identified vectors of improving the observance of human rights during the application of administrative detention by the police at this stage of the development of Ukrainian statehood. The following vectors for improving the observance of human rights during the application of administrative detention by the police have been identified: the introduction of electronic tools; normative regulation of the procedure for applying administrative detention; improvement of the procedure for appealing administrative detention; normative regulation of the procedure of administrative detention during the establishment of quarantine; legislative consolidation of requirements for the administrative detention protocol. It is proposed to introduce the following electronic tools during administrative detention: electronic digital signature, electronic protocol on administrative detention, entering information about the application of administrative detention to a person in the single portal of state services "Diya". It is emphasized that there is no normative regulation of the procedure for applying administrative detention in case of committing an administrative offense, the subject of which is a legal entity. It is proposed to enshrine the right to challenge administrative detention in Article 261 of the Code of Ukraine on administrative offenses, as well as to additionally duplicate this right in the protocol on administrative detention. Attention is focused on the need to grant the right to an illegally detained person to claim compensation for damages. It is proposed to expand the list of grounds for detaining persons by the police under the conditions of the introduction of quarantine. It is proposed to additionally determine the requirements for protocols in proceedings in cases of administrative offenses in the norms of the Code of Ukraine on administrative offenses. The author notes that the legislation does not provide for additional grounds for administrative detention under martial law, such grounds are general. In addition, it was emphasized that there is no special procedure for administrative detention during martial law. It was concluded that the application of administrative detention, in particular, is a dynamic process that must comply with the principle of legality, the requirements of society's development, standards of compliance with human rights, and other external factors. [ABSTRACT FROM AUTHOR]

The article examines special principles of administrative procedure. On the basis of a comprehensive system analysis of the official legislation and regulations of the member states of the European Union (Federal Republic of Germany, Estonia, Switzerland), an analysis of the changes in special principles of administration new procedures and prescribed in official administrative legislation. It is noted that in the administrative-legal science the concepts of the principles of administrative-procedural law have not been formally formed. This is the reason for the emergence of a debate about its shift and replacement, the role of the subordinate subdivision of administrative law. Therefore, there is a pressing need to investigate the concept that is basic to Galatian science of administrative law. The approaches to the classification of special principles of the administrative procedure are reviewed and the classification is based on power. The state's activity is directed towards the process of European integration. This raised the obvious need to bring the legal system up to European standards. This transfers the reform of the law of administrative and administrative-procedural law. It has become more important to reconsider the principles of interaction between public administration and individuals and legal entities, which is reflected in administrative and procedural activities. The following principles are enshrined in the Law of Ukraine "On Administrative Procedure": the rule of law, legality, fairness of participants in the administrative procedure before the law, publicity, efficiency, immediacy and lack of priority found the effectiveness of the management activities of public authorities and local authorities and gave the ability to citizens to exercise their rights and freedoms. At the same time, the presence of special principles of the administrative procedure does not contribute to the effectiveness of the government's government, the security of rights and freedoms. Regardless of any different approaches to classification, it is wise to divide these principles into two groups: organizational and functional (axiological) principles. [ABSTRACT FROM AUTHOR]

Arbitration is one of the important laws prevalent in ancient and modern times because of its effective role in resolving disputes at the local and international levels. Official documentation is considered a legal process, the document can be authenticated by a legal authority or a recognized legal certification. This work aims to study and understand the concept of arbitration, how it is organized, and the considerations of its decisions as official documents. The researchers used the descriptive and analytical approach to the provisions and laws of Jordanian evidence. Researchers have concluded that arbitration decisions are considered official documents if they follow the necessary legal and administrative rules and procedures for documenting them. Accordingly, arbitration decisions are considered official documents and their rulings are implemented as stated in the Jordanian Arbitration Law. Researchers recommend enhancing legal awareness of the importance of arbitration as an effective means of resolving local and international disputes. [ABSTRACT FROM AUTHOR]

Technological innovations since the turn of the century have created opportunities to increase public participation in notice and comment rulemaking, increase the efficiency of the process, and increase the quality of the rules adopted by agencies. For some rules, online rulemaking and social media have facilitated increased public participation, but have not necessarily facilitated improvements in the quality of public comments. In addition, in some cases, the transformation of the process has created new challenges for government agencies by making it easier for supporters or opponents of rules to flood agencies with duplicative and potentially false comments to which the agencies must respond. Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent in drafting comments, it could create challenges for agencies by flooding agencies with significantly greater numbers of seemingly unique comments, most of which merely express sentiment, values or preferences, and many of which may include false information. There is, however, an alternative path forward for ChatGPT and artificial intelligence in notice and comment rulemaking. If agencies use ChatGPT to create tools that help members of the public understand proposed rules, the rulemaking process and the types of comments that are effective in that process, agencies may enable members of the public to provide them with more useful comments. In addition, agencies may be able to use other artificial intelligence tools to make it easier to organize and analyze the comments they receive and to notify members of the public about proposed rules that might be of interest to them. Embracing these alternative uses of artificial intelligence and ChatGPT could generate some of the gains in public participation that other technological tools have promised, but not delivered. [ABSTRACT FROM AUTHOR]

Objectives The aim of the work is to discuss selected issues related to administrative-legal activities concerning the naming of streets and squares in the practice of functioning of basic units of local government. The paper discusses basic concepts both in terms of statutory provisions, the achievements of doctrine, and case law. Legal foundations for naming streets and squares are discussed, along with the forms of procedures used in this regard. Material and methods The publication was based on the content of legal acts, scientific publications, and theses of administrative judiciary decisions. The predominantly utilized method was legal-comparative analysis. Results As a result of the conducted inquiry, it was determined that the material subject to the study appears heterogeneous, filled with vague concepts. The procedures used by municipalities for naming streets and squares are not uniform and are often organized in various ways. Conclusions The collected results allow us to conclude that there is a need for comprehensive and clear regulation of the issue by the legislator in the future. Leaving this matter with a high degree of organizational and legal freedom, especially with the increasing legal awareness and social assertiveness, will lead to further problems in the future. The proposed changes should mainly involve establishing statutory delegation to the municipal council for naming streets and squares, not only in constitutional provisions but also in substantive law. Additionally, the municipal council should be required by the executive body of the basic unit of local government to adopt principles and procedures for naming streets and squares, taking into account the significant social pluralism in this area.

This study analyzes the role played by the Attorney General's Office - hereinafter PGR - as an institution that is part of the Public Ministry, which dates back to 1939, in the exercise of the defense of the Labor Rights of municipal public servants. who belong to the administrative career of the department of San Salvador. The results reflect that the PGR plays an active and fundamental role in favor of Salvadorans. This institution has provided advice, and legal assistance, promoted administrative processes and procedures in the defense of the rights of Salvadorans. Citizens who need protection and who, for the most part, have limited economic resources. The PGR has provided a comprehensive service, which has served to guarantee the fullness of these rights in compliance with the constitutional obligations established in article 194 Romano II and the Organic Law of the Attorney General's Office of the Republic -hereinafter LOPGR-. The statistics analyzed show that 2021 was the year with the most advice provided by the PGR in the Unit for the Defense of Labor Rights of Public Servants. There was a total of 746 consultations on dismissals in the department of San Salvador. There is a clear increase in legal assistance and processes promoted in the years 2020, 2021 and 2022, however, the PGR completed each process until its final instance. [ABSTRACT FROM AUTHOR]

Judicial institutions have become the standard solution to umpire multilevel polities across much of the European continent. However, such arrangement is not free from complexities. This paper analyses the problems associated with the construction of legitimacy regarding constitutional courts in European multilevel democracies. In these polities, constitutional courts tend to rely on three different forms of legitimacy, which are embedded into their institutional design: democratic, multilevel; and technocratic. However, these forms of legitimacy are in tension, often undermining one another when combined. Furthermore, this tension is exploited by political actors to attack the courts, resulting in reputational costs for these institutions. [ABSTRACT FROM AUTHOR]

As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law "legislative facts." Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role facts play in purported lawmaking by the courts--hence the name "legislative." This Article proposes a different approach that situates facts within the adjudicatory process. The facts captured by the label "legislative fact" play two different roles in resolving parties' disputes: sometimes, as facts of law, they provide a premise for the rule of decision the court uses to resolve the dispute, and sometimes they assist the court in relating that rule of decision to the circumstances of the parties. Courts should distinguish between these roles when determining who should find the facts, and how. This approach results in sounder dispute resolution and sounder developments in the law, and it is more administrable than the current, undisciplined approach. [ABSTRACT FROM AUTHOR]

Copyright of Antalya Bilim University Law Review is the property of Antalya International University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The legal sector is no exception when it comes to exploring the potential for technological solutions in terms of artificial intelligence (AI). However, there are significant risks associated with the use of AI systems such as inter alia potential bias in the output, the lack of transparency about its use and functionality, as well as the reliability of results created. In view of these risks, the EU AI Act which is about to enter into force and become applicable in steps in the next 6-36 months, considers AI-enabled technologies to assist and support judicial authorities during the decision-rendering process as high-risk AI systems. Against this background and the fact that guaranteeing the independence of the judiciary is the duty of all democracies, this article seeks to determine which (future) uses of technology in the judicial sector will be considered as high-risk AI under the AI Act. Further, the duties and obligations that arise from the classification of a technology as high-risk AI are briefly outlined, before addressing challenges and issues that arise in relation to judicial independence and impartiality when AI systems are used in the process of adjudication. [ABSTRACT FROM AUTHOR]

The introduction of the Digital Markets Act (the 'DMA') marked the beginning of a new regulatory framework for limiting the impact of strong platforms in digital markets. With the aim of ensuring fairness and contestability in digital markets, the new Regulation provided for a detailed administrative process, in the form of market investigations, for determining which of the digital platforms act as gatekeepers in their respective markets, whether the designated gatekeepers comply with their obligations, and to what extent new obligations must be introduced to account for new developments. This article discusses some preliminary issues related to the European Commission's administrative procedure for enforcing the new regulation. Upon summarizing the key elements of the DMA procedure, it focuses on four issues: the relationship between the DMA and competition law and problems regarding their parallel application; the obligation for recording interviews conducted for the purposes of gathering information regarding the subject matter of a market investigation; access to file limitations; and the absence of provisions regarding private enforcement and the possibility for third parties to claim damages. [ABSTRACT FROM AUTHOR]

Taking inequality as a key challenge of our time, this article aims to highlight consumer markets, and their underpinning legal ground rules, as important contributors to inequitable wealth distributions. It illustrates how product design, as manifested in contractual terms, can allow firms to evade competition and divert resources upwards along society's wealth distribution curve. It then highlights the contestable legality of certain pricing practices, such as 'contingent charges', and the challenge they pose to fundamental principles of contract law. An in-depth view of the 2015 case of Beavis v ParkingEye argues that the UK Supreme Court has validated contingent pricing models in a manner unsupported by traditional contractual reasoning and unjustified by contemporary market failure analysis. The article asks contract law to confront the reality that it shapes market distributions in economically and politically significant ways, and appeals for greater scrutiny of the contribution of contract law adjudication to inequality. [ABSTRACT FROM AUTHOR]

To date it is difficult to predict how small businesses will function in the post-war period. Thus, public regulation and support for small businesses in the post-war period becomes an extremely important issue. The article aims to propose the ways to improve public regulation of small businesses development in the context of the Odesa region's territorial communities recovery. The author analyzes the research literature on the topic, makes a SWOT analysis of the Odesa region's small businesses development. The ways for improving public regulation of small businesses development in the form of a model are proposed. The model includes the following components such as creating a small businesses support infrastructure; administrative procedures simplification; financial support; education and training; entrepreneurial ethics and culture development; partnership with local authorities and NGOs; stimulation of innovation and technological development. [ABSTRACT FROM AUTHOR]

Agencies do not always write their own rules. Contractors assist agencies in nearly all tasks relating to rulemaking, including reviewing public comments, conducting specialized research, and writing regulatory text. Despite perceptions that contractors' roles are entirely ministerial, the reality is that contractors fulfill many more functions in the rulemaking process than is commonly understood, including everything right "up to pushing the big red policymaking button," as one agency employee put it. The use of contractors in rulemaking fits within a broader pattern of increased government reliance on service contractors. Scholars have documented a bevy of governance concerns relating to ethics, capacity, and more, stemming from the fact that contractors are in privity with the government, not the public. This scholarship does not take up the implications of service contracting for rulemaking, the primary mode of executive branch lawmaking, nor does it delineate between types of contracting arrangements, which vary dramatically. This Article takes variation in rulemaking contracting arrangements seriously. We define three types: ministerial contractors, who perform administrative work; expertise contractors, who provide discrete scientific and technical inputs; and regulatory body shops, which are embedded into agencies and function like staff. We argue that while the former two arrangements pose minimal risks to an agency, regulatory body shops are a different story. Not only do they open the door to conflicts of interest that are not adequately addressed under current law, they also threaten the quality of agency reasoning and have the potential to hollow out an agency's rulemaking apparatus over the long run. Reliance on regulatory body shops has the potential to put an agency's rules in legal jeopardy by violating the Administrative Procedure Act and diminishing an agency's claim to Chevron deference. These various risks, which pose challenges for the quality of public decision-making, sit in tension with the reality that some agencies lack adequate resources to staff their rulemakings and turn to regulatory body shops as a pragmatic matter. The Article concludes with reforms to help agencies responsibly manage the risks posed by regulatory body shops. [ABSTRACT FROM AUTHOR]

Decree-law 3/2024, of February 6th, aims to simplify and rationalize administration in Andalusia in order to improve citizen relations and promote economic activity in the region. Measures will be implemented to improve regulation, transparency, and reduce administrative burdens. Additionally, the digital transformation of the Administration will be sought to streamline procedures and simplify relations with citizens and businesses. The decree also includes modifications in different sectors, such as the environment, environmental management, hunting and fishing, and ports in Andalusia, with the aim of simplifying administrative procedures and expediting processes. [Extracted from the article]

The restrictive measures framework implemented by the European Union following the Russian invasion of Ukraine includes a number of reporting obligations. Economic operators are obliged to provide certain information regarding restrictive measures to the competent authorities. The reporting obligations are heterogeneous in terms of their subjective and material scope. Failure to comply with the reporting obligations is an infringement that is subject to the administrative sanctioning procedure in Spain. [ABSTRACT FROM AUTHOR]

The Supreme Court of the United States has generally been a very aggressive enforcer of legal limitations on governmental power. In various periods in its history, the Court has gone far beyond enforcing clearly expressed and easily ascertainable constitutional and statutory provisions and has suppressed innovation by the other branches that do not necessarily transgress widely held social norms. Novel assertions of legislative power, novel interpretations of federal statutes, statutes that are in tension with well-established common law rules, and state laws adopted by only a few states are suspect simply because they are novel or rub up against tradition. In periods of governmental innovation and assertions of expanded authority, this aggression becomes evident and perhaps more robust. In recent years, the Court has created new barriers to government innovation even as government is confronted with serious threats to the health and welfare of mankind. Chief among this new set of limitations on the power of federal administrative agencies is an interpretive device that has become known as the Major Questions Doctrine (MQD). This doctrine purports to be based on a traditional view of legislative intent and judicial role, but in reality it resonates more with conservative anti-regulatory political views. Under this new doctrine, the Court rejects agency assertions of regulatory authority when it finds that the agency's action would have major social and economic effects and lacks crystal clear congressional authorization. Ironically, because the MQD has no basis in the Administrative Procedure Act or prior law, the Court has in effect created a major new doctrine of administrative law severely limiting agency authority without clear authorization from Congress. The Court has also suppressed agency innovation by confining Chevron deference to unimportant issues of statutory construction. Chevron, for all of its faults, has the virtue of validating agency policy innovation so long as Congress had not clearly denied agency authority. This reform to Chevron, together with the creation and application of the Major Questions Doctrine, in effect accomplishes the aim of some Justices to impose a more robust nondelegation doctrine, making agency innovation even more difficult. In addition, the Court has worked to prevent innovation in other areas of law, such as agency structure, gun control, and the spending power, preventing the state and federal governments from taking action to deal with pressing social problems. The current Court has truly become an anti-innovation Court. [ABSTRACT FROM AUTHOR]

Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative reinterpretation of the Administrative Procedure Act (APA). This Feature adds to the literature on the historical underpinnings and legal propriety of universal vacatur by mapping the development of universal vacatur from the pre-APA period through the Abbott Labs trilogy. Canvassing the work of courts, Congress, and scholars, this account underscores that universal vacatur is a legitimate part of the remedial scheme of administrative law, grounded in history and sustained by subsequent recognition. After establishing these points, the Feature connects the debate over universal vacatur to another topic of vigorous discussion in contemporary administrative law: the Roberts Court's recent fortification of the major questions doctrine. The case against universal vacatur leverages the intuition that an individual district court judge should not be able to decide issues of vast economic and political significance by vacating a rule universally absent a clear statement in the APA that the judge possesses that authority. That form of argument resembles the mechanics of the new major questions doctrine. As to their consequences, the two also align: both serve to centralize power in the Supreme Court by weakening actors of our government other than the Supreme Court. Though accepting the case against universal vacatur will certainly place curbs on lower court judges, it would also indulge, and thereby strengthen, the perilous proposition that the Supreme Court should intervene to redistribute congressional allocations of power in ways that centralize its own importance and preferences. [ABSTRACT FROM AUTHOR]

This article explores a collection of circa 400 applications for 'begging letters' conserved in the archives of the Privy Council of the Austrian Netherlands from the late 1760s to the early 1780s. Such Lettres de Quête were issued in the name of the Habsburg monarch to subjects who had lost their possessions to fire or other natural disasters, and allowed their bearers to travel around begging. By means of a qualitative reading of the materials, the article uncovers underlying administrative procedures while throwing light on the social selectivity, practices and gains associated with this little-known phenomenon. By demonstrating that such 'begging letters' were customary policy practice, as they probably were in neighbouring countries, it signals their importance as an early modern mode of disaster relief and highlights their ambiguous role as a policy paradox in the context of increasing criminalisation of begging and vagrancy. [ABSTRACT FROM AUTHOR]

Copyright of Angle Health Law Review is the property of Angle Publishing Co., Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Digital service platforms provided by academic support departments in Macao assist academic staff and students in various areas such as registry, student affairs, academic activities, and research. As the number of undergraduate students increases and new departments are established, academic staff often face the challenge of dealing with paperwork that contains similar content but different formats. This situation results in redundancies and a waste of time. This paper presents our endeavors to simplify administrative procedures in higher education by automating restructured documentation and developing secondary file systems. The paper presents two case studies: Scenario One focuses on streamlining the publication system for academic staff who submit papers in different formats. At the same time, Scenario Two aims to simplify the daily paperwork process for academic staff. Both cases involve transforming the distribution of administrative documents, transitioning from a standardized form with guidelines to a customized form with concise tips. This approach allows academic staff to handle only the necessary information, which may not be available in the database or requires verification. The case studies serve to demonstrate the effectiveness of this administrative simplification. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study advances understanding of the relationship between government support and private donations, by further investigating the mechanisms underlying that relationship and by examining a nonmonetary form of government support, namely, shared services. We use a survey experimental design to highlight U.S. donors' perceptions of government-supported nonprofits. The results suggest that donors are less willing to give to government-funded nonprofits. This is not only because donors see government funding as a substitute for their donations but also because donors perceive government-funded nonprofits as cost-inefficient. The results also suggest that donors' relative reluctance to donate to government-funded nonprofits is not because donors perceive government-funded nonprofits as less impactful and that donors' decisions about giving do not vary according to the forms of government support nonprofits receive. Overall, our findings stress the importance of governments simplifying administrative procedures for nonprofits to apply for and manage government funding. [ABSTRACT FROM AUTHOR]

The article outlines the issues that will determine the future of the major questions doctrine (MQD), one of the most controversial doctrines in the administrative law canon. Topics discussed include the best attribute of MQD, MQD's triggers and ontologies, and the pending domain issues including guidance documents, enforcement actions, and agency adjudications.

This Article reviews the history of CWA Section 401 and finds that it supports affording EPA’s newest interpretive rule Chevron deference. The CWA Section 401 Water Quality Certification Improvement Rule serves as an important case study of the doctrine which faces mounting criticisms and two cases challenging its legality in the Supreme Court at the time of this publication. Although its application delegates lawmaking authority to unelected officials who change policies with the tides of each election, this delegation has been necessary in many areas of the law due to Congress’s failure to act in recent years. Instead of simply surrendering the interpretation of ambiguous statutes to the judiciary, CWA Section 401 exemplifies the determination of deference owed to an agency’s interpretation through a close analysis of Congress’s intent, the agency’s previous actions, and the statutory language itself. Without addressing the merits of challenges to Chevron deference or predicting their outcomes, this Article reviews the legislative, rulemaking, and judicial history of CWA Section 401 and concludes that its history supports deference to the new rule when it is challenged in court. [ABSTRACT FROM AUTHOR]

Informal, 'notice-and-comment', rulemaking is the prototypical mechanism employed by US regulators. However, agencies frequently claim their actions exempt from the process, and courts typically agree. Agencies thus face an important strategic choice between informal rulemaking and avoidance. To study this choice, we analyze a model of rulemaking with exemption and empirically analyze agency avoidance. Our model implies that more biased agencies engage in less avoidance, as they face more skepticism from the courts and, thus, require support from group comments to have their rules upheld. Empirically, we find support for this prediction. As for policy implications, we show it is more beneficial to allow exemptions when the agency is more biased. [ABSTRACT FROM AUTHOR]

The article seeks to situate Administrative Procedure Act (APA) and statutory deadlines within the broader framework of administrative law and urge courts to take such deadlines seriously as a matter of congressional oversight. Topics discussed include overview of the pre-APA practice of compelling delayed executive action, how statutory deadlines interact with Section 706(1) of APA, and possible reasons for agency delay.

An introduction to the issue is presented wherein the editor provides an overview of the journal and discusses articles within the issue on topics including the constitutional status of boycotts, why challenges to school-voucher programs under the education articles of state constitutions misinterpret those articles, and how enforcement of statutory deadlines under Section 706(1) of the Administrative Procedure Act (APA) can keep agencies within the bounds of the law.

How does time feature and function in juridical understandings of torture, inhuman and degrading treatment? With a view to international human rights adjudication, this article offers a kaleidoscopic reading of temporal logics (registers and reasoning) operating in the contemporary anti-torture cause and jurisprudence. Time, it is found, plays an important albeit at times implicit role in how judges imagine and evidence torturous harms brought before them. This article explicates and singles out time as a factor. It finds that, whilst indeterminacies and ambiguities persist, singular (and spectacular) or plural (and prolonged) harmful acts and impacts operate to serve adjudicators' reasoning, variably (and intuitively) to find violations or to divert from doing so. Time thus works as a device of inclusion and exclusion. [ABSTRACT FROM AUTHOR]

In March of 2023, the Supreme Court clarified the exhaustion requirement set out in the Individuals with Disabilities Education Act (IDEA), holding that plaintiffs do not need to exhaust administrative procedures if the type of relief that they are seeking is unavailable under the IDEA. In doing so, the Court left unanswered the question of whether the exhaustion requirement is susceptible to the futility exception--an exception that is currently recognized by eleven courts of appeals. This Comment provides an overview of the IDEA and its exhaustion requirement, including an analysis of exceptions to the requirement. I address the inconsistencies in the interpretation and application of these exceptions and the effect of the Court's restraint in deciding the issue. I argue that the futility exception fits in line with Congressional intentions and heeds judicial precedent. The Court's discretion furthers confusion in lower courts and impedes students' paths to relief. Finally, I analyze whether the Court's decision in Luna Perez could be utilized to expand the scope of exceptions to exhaustion, specifically exceptions for systemic violations. [ABSTRACT FROM AUTHOR]

The purpose of this study, using the logical-deductive method, is to examine the system implemented by the New Brazilian Code of Civil Procedure with regard to the application of binding court decisions, exploring their convergence with the Public Administration, especially within the Administrative Procedure for Recognizing Liability established under the scope of the National Treasury General Attorney's Office for the purpose of recognizing the liability of the partner or third party with management powers in cases of irregular dissolution of the legal entity. Through the selection of constitutional principles on which the Public Administration must necessarily base its actions, we outline the way in which observance of judicial precedents binds it, even without an express normative command obliging it to do so; thereby guaranteeing the principles of efficiency, equality, legal certainty, and predictability. This paper, through a bibliographical survey and legislation analysis, points out the main characteristics of the PARR and its purpose, and then addresses the relevance of judicial precedents in administrative decisions, demonstrating that exercising the administrative function is directly linked to the Federal Constitution, which is why it can be concluded that the application of judicial precedents in the administrative process, in addition to promoting the standardization and stabilization of the legal system, guarantees compliance with various axiological drivers outlined by the Constituent Assembly.+. [ABSTRACT FROM AUTHOR]

The eleven asylum offices scattered throughout the United States make life-or-death decisions every year in tens of thousands of asylum cases. Yet, little is known about the internal workings of U.S. asylum offices where the informal, non-adjudicative framework for deciding asylum claims takes place behind closed doors. Our three-year study into the Boston Asylum Office is the first ever comprehensive empirical study into the inner workings of an asylum office in the United States. This Article takes a deeper dive into our study's various findings to highlight systemic failures that are likely pervasive throughout the U.S. affirmative asylum system. We argue that our findings are particularly salient given new federal policies that place even greater authority into the hands of frontline asylum officers. We conclude by making a number of recommendations that would help to address the due process concerns within the affirmative asylum adjudication system identified in our study. [ABSTRACT FROM AUTHOR]

Under current foreign sovereign immunity doctrine, sovereigns are not immune from suit when they engage in "private" acts, such as entering into contracts--in other words, when they act as participants in, rather than regulators of, the market. This Note argues that the distinction between a state's public and private acts is far less stable and clear-cut than it first appears. Many acts in which sovereigns engage are of a mixed nature. Choosing to see an act or transaction as essentially private or public often obscures other features that complicate that characterization. U.S. courts have applied foreign sovereign immunity law in such a way as to selectively recognize the private aspects of such transactions, thereby enabling private actors to bring foreign sovereigns into U.S. courts. This has disproportionately affected Global South nations, where the state is more likely to be involved in the economy and to enter into contracts with private parties to accomplish important sovereign aims. This is a dynamic that I call subordination through privatelaw adjudication. However, in the longer history of foreign sovereign immunity law, I also argue that simply expanding the category of public law cannot decisively end the subordination of Global South sovereigns in transnational and international law. [ABSTRACT FROM AUTHOR]

This Note attempts to resolve the uncertain scope of evidentiary review for constitutional claims against agencies. It examines the conventional rules under the Administrative Procedure Act, concluding that they stem from traditional rules of relevancy for discovery, rather than a statutory mandate. It then traces the divergent approaches of lower courts and proposes that the scope of evidentiary review for constitutional claims against agencies should be determined by the decision rules for a particular claim, consonant with its reading of the principles underlying the scope of review in administrative litigation. [ABSTRACT FROM AUTHOR]

Few federal agencies have generated more controversy than the small Office for Civil Rights (OCR) in the Department of Education. From desegregation and bilingual education to intercollegiate athletics, sexual harassment, and transgender rights, it has turned short civil rights statutes into lengthy administrative rules. It thus offers a useful window into what has become known as "the administrative state." But this window is far from transparent: OCR rarely uses standard Administrative Procedure Act rulemaking, opting instead for unilateral "Dear Colleague Letters" written with little external participation; the bulk of its resources are devoted to investigation of individual complaints, with little public explanation of the outcomes. Innovation and expansion of the agency's mission has not come from the permanent bureaucracy, but from the courts and from agency leaders appointed by the president. From the 1960s through the 1990s, the result was slow but steady accretion of power and responsibility. More recently political polarization and shifting Supreme Court jurisprudence has led to more rapid alteration of agency policy and enforcement practices. [ABSTRACT FROM AUTHOR]