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Topic: Administrative Law

Darling Divas or Damaged Daughters? The Dark Side of Child Beauty Pageants and an Administrative Law Solution

Lucy Wolfe | Comment

Ever since TLC first aired the popular television show Toddler and Tiaras in 2009, the network has brought international scrutiny to this country’s child pageant industry. Viewers of all ages have been captivated to watch as a variety of colorful pageant parents (mostly moms) try to transform their young children (mostly girls) into pageant princesses, teaching them to dance on stage in tiny, sequined outfits, pumping them full of sugar and energy drinks, and adorning them with spray tans, fake hairpieces, and plenty of makeup.

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Breaking the Grip of the Administrative Triad: Agency Policy Making under a Necessity-Based Doctrine

Michael Ray Harris | Article
The justification for the modern American administrative state is built on a belief that (1) limited congressional delegation, (2) cabined executive discretion, and (3) properly exercised judicial deference are akin to the system of checks and balances established by the nation’s Founders. In this Article, I propose that the time has come to rid ourselves of this legal fiction, particularly as it has developed in two well-known (and highly criticized) lines of administrative cases: the United States Supreme Court’s Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., jurisprudence and the United States Court of Appeals for the District of [...]
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Law and Longitude

Jonathan R. Siegel | Article

The story of the eighteenth-century quest to “find the longitude” is an epic tale that blends science with law. The problem of determining longitude while at sea was so important that the British Parliament offered a large cash prize for a solution and created an administrative agency, the Board of Longitude, to determine the winner. The generally popular view is that the Board of Longitude cheated John Harrison, an inventor, out of the great longitude prize.

This Article examines the longitude story from a legal perspective. The Article considers how a court might rule on the dispute between Harrison and [...]

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