Administrative Law

Richard A. Epstein, Dunwody Distinguished Lecture in Law: The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms

63 Fla. L. Rev. 1307 (2011)| | | | The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings Clause in the U.S. Court of Appeals for the Eighth Circuit. Now that the Amendment […]

J.C. Van Lierop III, Post-9/11 Army Disability Decisions: Reinforcing Administrative Law Principles in Fitness and Disability Rating Determinations

61 Fla. L. Rev. 639 (2009) | | | | INTRODUCTION :: Counter-Intuitive Trends in an Army at War “[T]o care for him who shall have borne the battle, and for his widow, and his orphan . . . .” -Abraham Lincoln The terrorist attacks of September 11, 2001 catalyzed two wars in Afghanistan and […]

Alexandra D. Lahav, The Law and Large Numbers: Preserving Adjudication in Complex Litigation

59 Fla. L. Rev. 383 (2007) | | | | ABSTRACT :: This Article describes the transfer of power to regulate tortfeasors from the legislature to private parties through the medium of the court system and proposes that instead of privatizing mass torts administration courts should humanize it. The federal courts are faced with large […]

Jeffrey A. Bekiares, In Country, on Parole, out of Luck-Regulating away Alien Eligibility for Adjustment of Status Contrary to Congressional Intent and Sound Immigration Policy

58 Fla. L. Rev. 713 (2006) | | | | INTRODUCTION :: Immigrants are a daily part of American life. They work in every sector of the economy and form strong social and familial bonds in the community. The legislative and cultural history of the United States has encouraged immigration as a constant source of […]

Bryan T. Camp, Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998

56 Fla. L. Rev. 1 (2004) | | | | INTRODUCTION :: The tax code is a puzzle. Whether one views it as an engaging enigma or a ridiculous riddle, the tax code requires careful and considered attention to fit the statutory pieces together to form a sensible picture. The procedural pieces of the puzzle, […]