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Displaying 461 - 470 of 1304

Seila Law and the Law of Judicial Review

https://lawreview.uchicago.edu/online-archive/seila-law-and-law-judicial-review
The Court in Seila Law LLC v. Consumer Financial Protection Bureau did not hold that the restriction on presidential removal of the Consumer Financial Protection Bureau (CFPB) director was unconstitutional. At least, it did not do so according to standard principles of stare decisis and the orthodox account of the law of judicial review—the legal principles under which courts implement the hierarchical superiority of the Constitution to all other legal norms.

Seila Law: Is There a There There?

https://lawreview.uchicago.edu/online-archive/seila-law-there-there-there
In Seila Law LLC v. Consumer Financial Protection Bureau, the Supreme Court, in an opinion by Chief Justice John Roberts, invalidated the provision of the Dodd-Frank Act restricting the president’s removal of the director of the Consumer Financial Protection Bureau (CFPB) to cases of “inefficiency, neglect of duty, or malfeasance in office.” The Court’s decision leaves the director subject to removal by the president for any reason or no reason at all.

Seila Law as an Ex Post, Static Conception of Separation of Powers

https://lawreview.uchicago.edu/online-archive/seila-law-ex-post-static-conception-separation-powers
Commentators have explored many important questions in the wake of Seila Law LLC v. Consumer Financial Protection Bureau. Do Myers v. United States and Humphrey’s Executor v. United States still stand for the proposition that Congress can impose limitations on the president’s removal authority for agency heads as long as it does not retain a role for itself?

Judicial Review of Deadlock Votes: Campaign Legal Center & Democracy 21 v. Federal Election Commission (D.C. Cir. 2020)

https://lawreview.uchicago.edu/online-archive/judicial-review-deadlock-votes-campaign-legal-center-democracy-21-v-federal-election
The “little agency that can’t,” an “impotent joke,” and “worse than dysfunctional.”

Welcome to the Maze: Race, Justice, and Jurisdiction in McGirt v. Oklahoma

https://lawreview.uchicago.edu/online-archive/welcome-maze-race-justice-and-jurisdiction-mcgirt-v-oklahoma
The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock.

A Proposal for Police Reform: Require Effective Accountability Measures in Police Union Contracts as a Condition of Tax-Exempt Status

https://lawreview.uchicago.edu/online-archive/proposal-police-reform-require-effective-accountability-measures-police-union
In the wake of the May 25 police killing of George Floyd in Minneapolis, government leaders across the nation are urgently considering reforms that might prevent police brutality.

Of Consent and Butt-Dials

https://lawreview.uchicago.edu/uclr-online/briefly-podcast/consent-and-butt-dials
Do you enjoy a reasonable expectation of privacy for pocket dials? The answer might surprise you. Host Deb Malamud chats with several privacy law experts to explore this complex legal question and its implications for how we interact in a tech-centered world.

Making Wilkie Worse: Qualified-Immunity Appeals and the Bivens Question after Ziglar and Hernandez

https://lawreview.uchicago.edu/online-archive/making-wilkie-worse-qualified-immunity-appeals-and-bivens-question-after-ziglar-and
Qualified immunity is awful. It inhibits government accountability and precludes recovery for victims of government misconduct. But it’s not just the substantive defense that’s a problem.

Solving the Problem in One Bite: Addressing “Meat” Advertising with Federal Law

https://lawreview.uchicago.edu/online-archive/solving-problem-one-bite-addressing-meat-advertising-federal-law
Consumers in the United States increasingly eat plant-based food products rather than meat.

Separation-of-Powers Faux Pas: The McGahn Litigation and Congress’s Efforts to Use the Courts to Resolve Interbranch Information Disputes

https://lawreview.uchicago.edu/online-archive/separation-powers-faux-pas-mcgahn-litigation-and-congresss-efforts-use-courts
After former White House Counsel Donald F. McGahn refused to comply with a congressional subpoena, the U.S. House of Representatives initiated a federal lawsuit.

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