Part of the Administrative Law Commons

Works in Administrative Law

2023

Affirmatively Resisting, Ezra Rosser
Ezra Rosser

Administrative Law--And Its Application in Health Law, Jeffrey Lubbers
Jeffrey Lubbers

The Judgment Fund, Paul F. Figley
Popular Media

Regulatory Innovation and Permission to Fail: The Case of Suptech, Hilary J. Allen
Articles in Law Reviews & Other Academic Journals

PDF

Affirmatively Resisting, Ezra Rosser
Articles in Law Reviews & Other Academic Journals

PDF

2022

Solitary Confinement Briefing on H.R. 4488 Solitary Confinement Study and Reform Act of 2019, Brenda V. Smith, Juan Mendez, Johnny Perez
Juan Mendez

Donald Trump's Agenda Faces Resistance from Democrat Attorneys General, Jeffrey Lubbers, Alex Swoyer
Jeffrey Lubbers

Justice May Hear Challenge to SEC Judges, But Not Go Far, Jeffrey Lubbers, Ed Beeson
Jeffrey Lubbers

Administrative Law--And Its Application in Health Law, Jeffrey Lubbers
Contributions to Books

Fighting the Tax Gap: A Prime and Recent Example of the Value of GAO Oversight & Reporting, Josh Bill
Upper Level Writing Requirement Research Papers

PDF

2021

Administrative Adjudication: The United States is the Outlier, Jeffrey Lubbers
Jeffrey Lubbers

Defund the Police? Mapping a Reform Agenda, Brenda V. Smith, Roy Austin, Cynthia E. Jones, Fernando Laguarda
Cynthia E. Jones

Administrative Adjudication: The United States is the Outlier, Jeffrey Lubbers
Contributions to Books

Anti-Fraternization Polices and their Utility in Preventing Staff Sexual Abuse in Custody, Brenda V. Smith, Melissa C. Loomis, Takiya Wheeler
Brenda Smith

Ending Silence: Demanding Safety from Sexual Assault - I reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger
Brenda Smith

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Mary’s Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Brenda Smith

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Carol’s Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Brenda Smith

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Charlie’s Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Brenda Smith

Instructor’s Guide: Responding to Inmate on Inmate Sexual Violence, Brenda V. Smith, Jaime M. Yarussi
Brenda Smith

Pathways to Juvenile Detention Reform: Reducing Racial Disparities in Juvenile Detention, Brenda V. Smith, Eleanor Hinton Hoytt, Vincent Schiraldi, Jason Ziedenberg
Brenda Smith

Participant Notebook: Addressing Staff Sexual Misconduct With Offenders Curriculum_2006, Brenda V. Smith
Brenda Smith

Participant notebook: Investigating Allegations of Staff Sexual Misconduct with Offenders, Brenda V. Smith, Jaime M. Yarussi
Brenda Smith

Participant Notebook: Addressing Staff Sexual Misconduct With Offenders Curriculum_2004, Brenda V. Smith
Brenda Smith

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Persons in Custodial Settings, 3rd ed., Brenda V. Smith, Jaime M. Yarussi
Brenda Smith

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Persons in Custodial Settings, 2nd ed., Brenda V. Smith, Jaime M. Yarussi
Brenda Smith

Protecting Juveniles in Adult Facilities from Sexual Abuse: Best Practices for Implementing the Youthful Inmate Standard, Brenda V. Smith
Brenda Smith

The Impact of The Prison Rape Elimination Act on Jails and Lock-ups, Brenda V. Smith, Jaime M. Yarussi, Nairi M. Simonian
Brenda Smith

Training Curriculum: Human Resources and Administrative Investigations (Facilitator’s Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Kathy Dennehy, A.T. Wall, Lorie Brisbin, Susan Carle, Richard Ugelow, Lisa Capers, Aaron Aldrich
Brenda Smith

#MeToo Behind Bars: How Federal Investigators Are Ignoring Prison Sexual Assaults They Are Hired To Report, Brenda V. Smith, Lauren Lee White
Brenda Smith

DOJ 'Finally' Implementing Anti-Prison Rape Policies, 10 Years After Congressional Vote, Brenda V. Smith, Steven Nelson
Brenda Smith

Comments on behalf of the former National Prison Rape Elimination Commission (NPREC), Brenda V. Smith
Brenda Smith

Sexual Offenses: Custodial Employees and Persons in Custody_1997, Brenda V. Smith
Brenda Smith

Testimony for the Review Panel on Prison Rape Hearings on Sexual Victimization in U.S. Prisons, Jails, and Juvenile Correctional Facilities: Professor Brenda V. Smith, American University, Washington College of Law, Director, Project on Addressing Prison Rape, Brenda V. Smith
Brenda Smith

Solitary Confinement Briefing on H.R. 4488 Solitary Confinement Study and Reform Act of 2019, Brenda V. Smith, Juan Mendez, Johnny Perez
Brenda Smith

Testimony for Review Panel on Prison Rape, Brenda V. Smith
Brenda Smith

Senate Law and Public Safety Committee Statement to Senate Joint Resolution No. 79 with committee amendments, Brenda V. Smith, Linda R. Greenstein, Joseph P. Cryan, Nia H. Gill, Nicholas J. Sacco, Anthony M. Bucco, Declan J. O’Scanlon Jr., Loretta Weinberg, Wendy S. Whitbeck, Alison Accettola, Sarah Fletcher
Brenda Smith

Testimony before the United States Department of Justice Working Group, “Listening Session on the Views of the National Prison Rape Elimination Commission”, Brenda V. Smith
Brenda Smith

Sexual Offenses: Custodial Employees and Persons in Custody_1998, Brenda V. Smith
Brenda Smith

DOJ Faulted for Not Requiring PREA Audits, Brenda V. Smith, Gary Gately
Brenda Smith

Testimony in Support of House Bill 456 concerned Sexual Abuse of Persons in Custody, Brenda V. Smith
Brenda Smith

Police in many states could legally have sex with a person in custody — until a N.Y. rape allegation, Brenda V. Smith, Deanna Paul
Brenda Smith

National Prison Rape Elimination Commission Standards, Brenda V. Smith
Brenda Smith

Most Juvenile Facilities Don’t Comply With U.S. Rape Prevention Standards, Brenda V. Smith, Clifton Adcock
Brenda Smith

Panel Recommends Steps to Prevent Prison Rape, Brenda V. Smith, Carrie Johnson
Brenda Smith

Lincoln Hills officials failed to oversee rape investigations, Brenda V. Smith, Catie Edmondson
Brenda Smith

Prison Guard Corruption Remains Dire Issue As Advocates Work To Prevent Assaults, Brenda V. Smith, Meaghan Corzine
Brenda Smith

Expert Panel Meetings: Workshop on Inmate Self-Report of Sexual Assault Victimization, Brenda V. Smith
Brenda Smith

Reporting, Investigating, and Prosecuting Prison Rape: What Is Needed to Make the Process Work?, Brenda V. Smith
Brenda Smith

Implementing The Prison Rape Elimination Act: A Toolkit for Juvenile Agencies and Facilities, Brenda V. Smith, Dee Halley, Morris Thigpen, Adam Barnett, Michael Dempsey, Kevin Mulroony, Robert Sayasane, Chad Burkhead, Dr. Gary Dennis, Susan W. McCampbell, Michael S. McCampbell, Caleb Asbridge, Rachel Bosley, Elizabeth Price Layman, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, Thomas Adamski, Kevin Bernatz, Lisa Bjergaard, Joe Blume, Tim Decker, Dr. Robert DeComo, Dianne Gadow, David Gaspar, Kim Godfrey, Simon Gonsoulin, Macilla “Kila” Jager, Ken Jeske, Steve Jett, Dr. Mary Livers, Ned Loughran, Philippe Magloire, Karin Magnelli, Terry Martinek, Kurt Pfisterer, Elissa Rumsey, Ellyn Toney, Cherie Townsend, Jacqueline Urbach, Jerome Williams
Brenda Smith

Prison Rape Elimination Act (PREA): Considerations for Policy Review, Brenda V. Smith, A.T. Wall, Susan McCampbell, Madie LaMarre, Gary Dennis, Ania Drobrzanska, Bob Dumond, Jeff Shorba, Mara Dodson, Andie Moss, Donna Deutsch, Rachel Bosley, Morris Thigpen, Dee Halley
Brenda Smith

Advocates Meeting Regarding Recent Developments in Implementing PREA, Brenda V. Smith
Brenda Smith

Prison Rape Elimination Commission Advisory Committee for U.S. Department of Justice, National Institute of Corrections, Moss Group, Inc., Brenda V. Smith
Brenda Smith

Prison Rape Elimination Act: Implications for Sheriffs: The Facts, Brenda V. Smith, Susan McCampbell, Pam Cole, Margo Frasier
Brenda Smith

Democracy: Local, National and International, Forum ’07: Build a Current Together, Brenda V. Smith
Brenda Smith

Criminal Justice Reform in the 21st Century: The Path Forward, Brenda V. Smith
Brenda Smith

Defund the Police? Mapping a Reform Agenda, Brenda V. Smith, Roy Austin, Cynthia E. Jones, Fernando Laguarda
Brenda Smith

Improving Prosecutions of Allegations of Sexual Abuse in Correctional Settings Federal Prosecutors, Brenda V. Smith
Brenda Smith

Investigating Allegations of Staff Sexual Misconduct with Federal Prisoners, Brenda V. Smith
Brenda Smith

Improving Prosecutions of Allegations of Sexual Abuse in Correctional Settings State Prosecutors, Brenda V. Smith
Brenda Smith

Representing Youth under the Prison Rape Elimination Act, Brenda V. Smith
Brenda Smith

Regional Training: Human Resources and Administrative Investigations, Brenda V. Smith
Brenda Smith

Promise and Peril: PREA's Efforts to Regulate an End to Prison Rape_April 3, 2019, Brenda V. Smith
Brenda Smith

Investigating Allegations of Staff Sexual Misconduct with Offenders_July 9-14, 2006, Brenda V. Smith
Brenda Smith

Legal and Policy Issues in Addressing Prison Rape: Understanding the Impact ... Prison Rape Elimination Act, Brenda V. Smith
Brenda Smith

Legal Considerations in Addressing Allegations of Prison Rape - The Prison Rape Elimination Act: Investigating Sexual Assault Allegations in Institutional Settings, Brenda V. Smith
Brenda Smith

Keynote, PREA Auditor Training, Brenda V. Smith
Brenda Smith

Managing Staff Sexual Misconduct, Brenda V. Smith
Brenda Smith

National PREA Auditor Training_January 13-17, 2014, Brenda V. Smith
Brenda Smith

National Videoconference Phase I: How the Prison Rape Elimination Act Affects You, Brenda V. Smith
Brenda Smith

PREA 101 for Adult Prisons, Brenda V. Smith
Brenda Smith

Overview of the Prison Rape Elimination Act_February 23, 2007, Brenda V. Smith
Brenda Smith

Overview of Substantive and Administrative Issues, Brenda V. Smith
Brenda Smith

Operationalizing PREA: Human Resources and Administrative Investigations, Brenda V. Smith
Brenda Smith

Planning Meeting: Investigating Allegations of Staff Sexual Misconduct with Offenders, Brenda V. Smith
Brenda Smith

PREA 101 for Juvenile Justice Agencies, Brenda V. Smith
Brenda Smith

PREA 101 for Community Corrections Agencies, Brenda V. Smith
Brenda Smith

PREA: Why it Matters, Where We’ve Been, Where We’re Going, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Issues and Opportunities for Litigators, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act of 2003 Response and Implementation Intensive Workshop, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Overview and Update, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act of 2003: What Law Enforcement and Correctional Leaders Need to Know, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Impact on Juvenile Corrections, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Overview, Update and Standards_November 17, 2008, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Overview, Update and Standards_December 10, 2008, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: The Implications for Women and Girls, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: Overview, Update and Standards_October 23, 2008, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: The Impact on Youth in Custody, Brenda V. Smith
Brenda Smith

Status Update on Implementation of the Prison Rape Elimination Act, Brenda V. Smith
Brenda Smith

The Evolution of PREA, Brenda V. Smith
Brenda Smith

The National PREA Standards: Confidentiality, Ethics and the Law, Brenda V. Smith
Brenda Smith

The National PREA Standards: Implications for Human Resource Practices in Correctional Settings, Brenda V. Smith, Susan Carle
Brenda Smith

The Prison Rape Elimination Act (PREA) and the Juvenile Justice and Delinquency Prevention Act (JJDPA): Important Protections for Youth in Custody, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act (PREA): Creating Safe Correctional Environments through the Elimination of Sexual Assault, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act and Civil Liability, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: What Does it Mean for Community Corrections, Brenda V. Smith
Brenda Smith

The Prison Rape Elimination Act: What Does it Mean for Women and Girls, Brenda V. Smith
Brenda Smith

Uncomfortable Spaces – Female Correctional Staff and Sex in the Workplace, Brenda V. Smith
Brenda Smith

Web Chat: PREA Implications for Juvenile Justice Agencies, Brenda V. Smith
Brenda Smith

Welfare Reform and Corrections: A Blueprint for Failure, Brenda V. Smith
Brenda Smith

Presenting the National Inmate Survey, Brenda V. Smith
Brenda Smith

National Workshop on Juvenile Self-Report of Sexual Assault Victimization, Brenda V. Smith, Allen J. Beck Ph.D., Paige M. Harrison, Devon B. Adams
Brenda Smith

Challenges to the Independence of Inspectors General in Robust Congressional Oversight, Fernando R. Laguarda
Articles in Law Reviews & Other Academic Journals

PDF

A Political Canary: An Empirical Study of the Correlation Between Hatch Act Complaints and How the Electoral College Votes, Raimund Stieger
Upper Level Writing Requirement Research Papers

PDF

Supply and Demand: Navigating Emergency Regulatory Developments in the Fight Against Opioid Use Disorder, Eva Bogdewic
Upper Level Writing Requirement Research Papers

PDF

2020

Testimony for Review Panel on Prison Rape, Brenda V. Smith
Congressional and Other Testimony

Developing a Full and Fair Evidentiary Record in a Nonadversary Setting: Two Proposals for Improving Social Security Disability Adjudications, Jeffrey Lubbers, Frank S. Bloch, Paul R. Verkuil
Jeffrey Lubbers

A Unified Corps of ALJs: A Proposal to Test the Idea at the Federal Level, Jeffrey Lubbers
Jeffrey Lubbers

APA-Adjudication: Is the Quest for Uniformity Faltering, Jeffrey Lubbers
Jeffrey Lubbers

Federal Agency Adjudications: Trying to See the Forest and the Trees, Jeffrey Lubbers
Jeffrey Lubbers

Federal Administrative Law Judges: A Focus on Our Invisible Juridicary, Jeffrey Lubbers
Jeffrey Lubbers

A Reexamination of Federal Agency Use of Declaratory Orders, Jeffrey Lubbers
Jeffrey Lubbers

The APA Procedural Rule Exemption: Looking for a Way to Clear the Air, Jeffrey Lubbers
Jeffrey Lubbers

The ABA Section of Administrative Law and Regulatory Practice - From Objector to Protector of the APA, Jeffrey Lubbers
Jeffrey Lubbers

Strengthening Access to Information and Public Participation in Transition Countries - Latvia as a Case Study in Administrative Law Reform, Jeffrey Lubbers
Jeffrey Lubbers

The Transformation of the U.S. Rulemaking Process - For Better or Worse, Jeffrey Lubbers
Jeffrey Lubbers

The Administrative Law Agenda for the Next Decade, Jeffrey Lubbers
Jeffrey Lubbers

The Federal Administrative Judiciary: Establishing an Appropriate System of Performance Evaluation for ALJ's, Jeffrey Lubbers
Jeffrey Lubbers

Administrative Law in the 21st Century, Andrew Popper
Andrew Popper

Administrative Law in the 21st Century, Andrew Popper
Andrew Popper

An Administrative Law Perspective on Consensual Decisionmaking, Andrew Popper
Andrew Popper

The Antitrust System: An Impediment to the Development of Negotiation Models, Andrew Popper
Andrew Popper

Holes in the Safety Net: Federalism and Poverty, Ezra Rosser
Ezra Rosser

Water Marketing and Instream Flows: The Next Step in Protecting California's Instream Values, Paul Williams, Stephen J. McHugh
Paul Williams

Federal Administrative Procedure Sourcebook, 5th edition, Jeffrey S. Lubbers, William Funk
Jeffrey Lubbers

A Guide to the Federal Tort Claims Act, 2nd edition, Paul F. Figley
Paul Figley

Transparency in the Administration of Laws: The Relationship Between Differing Justifications for Transparency and Differing Views of Administrative Law, Robert Vaughn
Robert G. Vaughn

Judicial Review of FDA Preemption Determinations, Amanda Frost
Amanda Frost

Amazon Burning and the World Bank: Lessons from the Second World Bank Inspection Panel Claim, David Hunter
David B. Hunter

Environmental Reforms in Post-Communist Central Europe: From High Hopes to Hard Reality, David Hunter, Margaret Bowman
David B. Hunter

Administrative Law in the United States, Jeffrey Lubbers
Jeffrey Lubbers

Better Regulations: The National Performance Review's Regulatory Reform Recommendations, Jeffrey Lubbers
Jeffrey Lubbers

Case Study of Administrative Simplification and Regulatory Burden Reduction Programmes in the United States, Jeffrey Lubbers
Jeffrey Lubbers

Management of Federal Agency Adjudication, Jeffrey Lubbers
Jeffrey Lubbers

Regulatory Reform Recommendations of the National Performance Review, Jeffrey Lubbers
Jeffrey Lubbers

Risk Regulation at the Federal Level: Administrative Procedure Constraints and Opportunities, Jeffrey Lubbers
Jeffrey Lubbers

Paul Verkuil's Projects for the Administrative Conference of the U.S. 1974-1992, Jeffrey Lubbers
Jeffrey Lubbers

The Merits of ‘Merits’ Review: A Comparative Look at the Australian Administrative Appeals Tribunal, Jeffrey Lubbers, Michael Asimow
Jeffrey Lubbers

The U.S. Rulemaking Process: Has it Become Too Difficult?, Jeffrey Lubbers
Jeffrey Lubbers

Should Congress Create a Special Category of SSA ALJs, Jeffrey Lubbers
Jeffrey Lubbers

SG's Brief in Lucia Could Portend the End of the ALJ Program as We Have Known It, Jeffrey Lubbers
Jeffrey Lubbers

Approaches to Regulatory Reform in the United States: A Response to the Remarks of Professors Levin and Freeman, Jeffrey Lubbers
Jeffrey Lubbers

Comments on OMB's Interim Guidance Implementing Section 2 of Executive Order 13,771 Reducing Regulation and Controlling Regulatory Costs, Jeffrey Lubbers
Jeffrey Lubbers

Anatomy of a Regulatory Program: Comment on 'Strategic Regulators and the Choice of Rulemaking Procedures', Jeffrey Lubbers
Jeffrey Lubbers

Alternative Approaches to Judicial Review of Social Security Disability Cases, Jeffrey Lubbers
Jeffrey Lubbers

A Survey of Federal Agency Rulemakers’ Attitudes About E-Rulemaking, Jeffrey Lubbers
Jeffrey Lubbers

ACUS 2.0 and its Historical Antecedents, Jeffrey Lubbers
Jeffrey Lubbers

Gundy and the Civil-Criminal Divide, Jenny M. Roberts
Jenny Roberts

Tobacco, Denormalization, Anti-Healthism, and Health Justice, Lindsay Wiley
Lindsay Wiley

Punctuated Equilibrium: A Model for Administrative Evolution, Mark Niles
Mark Niles

Administrative Law: A Contemporary Approach, Andrew F. Popper, Gwendolyn M. McKee, Anthony E. Varona, Philip J. Harter, Mark C. Niles, Frank Pascuale eds.
Mark Niles

The Judgment Fund: America's Deepest Pocket & Its Susceptibility to Executive Branch Misuse, Paul F. Figley
Paul Figley

The Ohio State University Dispute Resolution in Special Education Symposium Panel, Robert Dinerstein
Robert Dinerstein

Post-Employment Restrictions and the Regulation of Lobbying by Former Employees, Robert Vaughn
Robert G. Vaughn

Post-Employment Restrictions and the Regulation of Lobbying by Former Employees, Robert Vaughn
Robert G. Vaughn

Defund the Police? Mapping a Reform Agenda, Brenda V. Smith, Roy Austin, Cynthia E. Jones, Fernando Laguarda
Presentations

The Antitrust Paradigm: Restoring a Competitive Economy, Jeffrey Lubbers
Jeffrey Lubbers

Prosecution and Race: The Power and Privilege of Discretion, Angela J. Davis
Angela J Davis

The American Prosecutor: Independence, Power, and the Threat of Tyranny, Angela J. Davis
Angela J Davis

Senate Law and Public Safety Committee Statement to Senate Joint Resolution No. 79 with committee amendments, Brenda V. Smith, Linda R. Greenstein, Joseph P. Cryan, Nia H. Gill, Nicholas J. Sacco, Anthony M. Bucco, Declan J. O’Scanlon Jr., Loretta Weinberg, Wendy S. Whitbeck, Alison Accettola, Sarah Fletcher
Congressional and Other Testimony

Regulatory Hide and Seek: What Agencies Can (and Can't) Do to Limit Judicial Review, Amanda Leiter
Amanda Leiter

Brief of Law Professors as Amici Curiae in Support of Respondents, Summers v. EarthIsland Inst., No. 07-463 (U.S. June 27, 2008), Amanda Leiter
Amanda Leiter

Administrative Law and Process in a Nutshell, 6th edition, Jeffrey Lubbers, Ronald Levin
Jeffrey Lubbers

2019

A Guide to the Federal Tort Claims Act, 2d, Paul F. Figley
Books

A Guide to Federal Agency Rule Making, 6d., Jeffrey S. Lubbers
Books

PREA: Why it Matters, Where We’ve Been, Where We’re Going, Brenda V. Smith
Presentations

Solitary Confinement Briefing on H.R. 4488 Solitary Confinement Study and Reform Act of 2019, Brenda V. Smith, Juan Mendez, Johnny Perez
Congressional and Other Testimony

Disentitling the Poor: Waivers and Welfare "Reform", Susan Bennett, Kathleen A. Sullivan
Susan D. Bennett

Promise and Peril: PREA's Efforts to Regulate an End to Prison Rape_April 3, 2019, Brenda V. Smith
Presentations

Criminal Justice Reform in the 21st Century: The Path Forward, Brenda V. Smith
Presentations

The Regulatory Accountability Act Loses Steam but the Trump Executive Order on ALJ Selection Upturned 71 Years of Practice, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

Holes in the Safety Net: Federalism and Poverty, Ezra Rosser
Books

Gundy and the Civil-Criminal Divide, Jenny M. Roberts
Articles in Law Reviews & Other Academic Journals

PDF

A Tribute to Judge Patricia Wald, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

The Regulatory Accountability Act Loses Steam but the Trump Executive Order on ALJ Selection Upturned 71 Years of Practice, Jeffrey Lubbers
Jeffrey Lubbers

A Tribute to Judge Patricia Wald, Jeffrey Lubbers
Jeffrey Lubbers

2018

#MeToo Behind Bars: How Federal Investigators Are Ignoring Prison Sexual Assaults They Are Hired To Report, Brenda V. Smith, Lauren Lee White
Popular Media

Police in many states could legally have sex with a person in custody — until a N.Y. rape allegation, Brenda V. Smith, Deanna Paul
Popular Media

The Evolution of PREA, Brenda V. Smith
Presentations

The Antitrust Paradigm: Restoring a Competitive Economy, Jeffrey Lubbers
Books

SG's Brief in Lucia Could Portend the End of the ALJ Program as We Have Known It, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

Fail to Comment at Your Own Risk: Does Issue Exhaustion Have a Place in Judicial Review of Rules, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

Improving Regulatory Analysis At Independent Agencies, Cary Coglianese
American University Law Review

PDF

Administrative Law in the United States, Jeffrey Lubbers
Contributions to Books

The Landscape of Modern Patent Appeals, Jason Rantaned
American University Law Review

PDF

Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review

PDF

Donald Trump's Agenda Faces Resistance from Democrat Attorneys General, Jeffrey Lubbers, Alex Swoyer
Popular Media

2017

Cooperative Enforcement in Immigration Law, Amanda Frost
Articles in Law Reviews & Other Academic Journals

PDF

Quote from Ed Beeson's "Justices May Hear Challenge To SEC Judges, But Not Go Far", Jeffrey Lubbers
Popular Media

Justice May Hear Challenge to SEC Judges, But Not Go Far, Jeffrey Lubbers, Ed Beeson
Popular Media

Quote from Ed Beeson's "Justices May Hear Challenge To SEC Judges, But Not Go Far", Jeffrey Lubbers
Jeffrey Lubbers

Cooperative Enforcement in Immigration Law, Amanda Frost
Amanda Frost

PDF

Quote from: Scott Pruitt Is Carrying Out His E.P.A. Agenda in Secret, Critics Say [N.Y. Times}, Jeffrey Lubbers
Popular Media

Quote from: Scott Pruitt Is Carrying Out His E.P.A. Agenda in Secret, Critics Say [N.Y. Times}, Jeffrey Lubbers
Jeffrey Lubbers

Quote from "Scott Pruitt's EPA is Crazyland", Jeffrey Lubbers
Jeffrey Lubbers

Keynote, PREA Auditor Training, Brenda V. Smith
Presentations

Better Regulations: The National Performance Review's Regulatory Reform, Jeffrey S. Lubbers
Jeffrey Lubbers

Tobacco, Denormalization, Anti-Healthism, and Health Justice, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals

PDF

Comments on OMB's Interim Guidance Implementing Section 2 of Executive Order 13,771 Reducing Regulation and Controlling Regulatory Costs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

Is the U.S. Supreme Court Becoming Hostile to the Administrative State, Jeffrey Lubbers
Contributions to Books

PDF

Improving Green Building: Comparing Leed Certification To The FDA And Its Private, Third Party Rating Approach, Patrick Kain
American University Business Law Review

PDF

Summary Narrative Of Chief Compliance Officer Liability, Luke Trompeter
American University Business Law Review

PDF

Fair For Whom? Why Debt-Collection Lawsuits in St. Louis Violate the Procedural Due Process Rights of Low-Income Communities, Aimee Constantineau
American University Law Review

PDF

Make-Whole or Make-Short? How Courts Have Misread Title VII's Limitations Period to Truncate Relief in EEOC Pattern-or-Practice Cases, Sara A. Fairchild
American University Law Review

PDF

Is the U.S. Supreme Court Becoming Hostile to the Administrative State, Jeffrey Lubbers
Jeffrey Lubbers

Building Bridges: Why Expanding Optional Practical Training is a Valid Exercise of Agency Authority and How it Helps F-1 Students Transition to H-1B Worker Status, Pia Nitzschke
American University Law Review

PDF

The Battle Over U.S. Water: Why the Clean Water Rule "Flows" Within the Bounds of Supreme Court Precedent, Ashleigh Allione
American University Law Review

PDF

Administrative Law in a Nutshell, Jeffrey Lubbers, Ronald M. Levin
Jeffrey Lubbers

2016

Living with the UN: American Responsibilities and International Order, Jeffrey Lubbers, Ronald Levin
Books

Administrative Law: A Contemporary Approach, 3rd Edition, Andrew F. Popper, Gwendolyn M. McKee, Anthony E. Varona, Philip J. Harter, Mark C. Niles, Frank A. Pasquale
Andrew Popper

Fixing Fair Use, Michael W. Carroll
Michael W. Carroll

PDF

Lincoln Hills officials failed to oversee rape investigations, Brenda V. Smith, Catie Edmondson
Popular Media

Protecting Juveniles in Adult Facilities from Sexual Abuse: Best Practices for Implementing the Youthful Inmate Standard, Brenda V. Smith
Reports

PDF

Most Juvenile Facilities Don’t Comply With U.S. Rape Prevention Standards, Brenda V. Smith, Clifton Adcock
Popular Media

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Persons in Custodial Settings, 3rd ed., Brenda V. Smith, Jaime M. Yarussi
Reports

PDF

Federal Administrative Procedure Sourcebook, 5d, Jeffrey S. Lubbers, William Funk
Books

We the Students: Supreme Court Decisions For and About Students, 4d, Jeffrey Lubbers
Books

Electronic Administration in the United States, Jeffrey Lubbers
Contributions to Books

Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms, George V. John
American University Business Law Review

PDF

Where Are The Jobs In The Jobs Act? An Examination Of The Uneasy Connection Between Securities Disclosure And Job Creation, Ian K. Peck
American University Business Law Review

PDF

Electronic Administration in the United States, Jeffrey Lubbers
Jeffrey Lubbers

Federal Administrative Procedure Sourcebook, Jeffrey Lubbers
Jeffrey Lubbers

2015

ACUS Statement # 19 (Issue Exhaustion), Jeffrey Lubbers
Jeffrey Lubbers

PDF

Congress and the FCC After Title II, Jonathan Baker, Rebecca Arbogast, Michael O’Rielly, Robert Quinn, David Redl, Scott Wallsten
Presentations

Congress and the FCC After Title II, Jonathan B. Baker, Rebecca Arbogast, Michael O’Rielly, Robert Quinn, David Redl, Scott Wallsten
Jonathan B. Baker

Prison Guard Corruption Remains Dire Issue As Advocates Work To Prevent Assaults, Brenda V. Smith, Meaghan Corzine
Popular Media

Fail to Comment at Your Own Risk: Does Issue Exhaustion Have a Place in Judicial Review of Rules?, Jeffrey Lubbers
Jeffrey Lubbers

PDF

The Judgment Fund: America's Deepest Pocket & Its Susceptibility to Executive Branch Misuse, Paul F. Figley
Articles in Law Reviews & Other Academic Journals

PDF

A Tale of Two Cities: The Regulatory Battle To Incorporate Short-Term Residential Rentals Into Modern Law, Dana Palombo
American University Business Law Review

PDF

The Clean Power Plan: An Introduction To Cooperative Federalism In Energy Regulation, Tina Calilung
American University Business Law Review

PDF

A Government Success Story: How Data Analysis by the Social Security Appeals Council (with a Push from the Administrative Conference of the United States) is Transforming Social Security Disability Adjudication, Jeffrey Lubbers
Jeffrey Lubbers

2014

Enhancing the Use of Negotiated Rulemaking by the U.S. Department of Education, Jeffrey Lubbers
Jeffrey Lubbers

PDF

Enhancing the Use of Negotiated Rulemaking by the U.S. Department of Education, Jeffrey Lubbers
Reports

PDF

Enhancing the Use of Negotiated Rulemaking by the U.S. Department of Education, Jeffrey Lubbers
Jeffrey Lubbers

Enhancing the Use of Negotiated Rulemaking by the U.S. Department of Education, Jeffrey Lubbers
Jeffrey Lubbers

Passing the Torch but Sailing Too Close to the Wind: Congress’s Role in Authorizing Administrative Branches to Promulgate Regulations that Contemplate Criminal Sanctions, Reem Sadik
Legislation and Policy Brief

PDF

One Hundred Nos: An Empirical Analysis of the First 100 Denials of Institution for Inter Partes and Covered Business Method Patent Reviews, Jonathan R. K. Stroud, Jarrad Wood
Jonathan R. K. Stroud

PDF

Far From Fair, Farther From Efficient: The FTC and the Hyper-Formalization of Informal Rulemaking, Cooper J. Spinelli
Legislation and Policy Brief

PDF

DOJ Faulted for Not Requiring PREA Audits, Brenda V. Smith, Gary Gately
Popular Media

Frostpaw Addresses Global Warming, William Snape
Articles in Law Reviews & Other Academic Journals

PDF

The Ohio State University Dispute Resolution in Special Education Symposium Panel, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals

PDF

Training Curriculum: Human Resources and Administrative Investigations (Facilitator’s Guide), Brenda V. Smith, Jaime M. Yarussi, Rebecca Heinsen, Melissa C. Loomis, Caleb J. Bess, Tonya Davis, Kathy Dennehy, A.T. Wall, Lorie Brisbin, Susan Carle, Richard Ugelow, Lisa Capers, Aaron Aldrich
Reports

PDF

Policy Review and Development Guide: Lesbian, Gay, Bisexual, Transgender, Questioning, and Intersex Persons in Custodial Settings, 2nd ed., Brenda V. Smith, Jaime M. Yarussi
Reports

Ending Silence: Demanding Safety from Sexual Assault - I reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger
Reports

PDF

Soft Whistleblowing, Amanda Leiter
Articles in Law Reviews & Other Academic Journals

PDF

Testimony for the Review Panel on Prison Rape Hearings on Sexual Victimization in U.S. Prisons, Jails, and Juvenile Correctional Facilities: Professor Brenda V. Smith, American University, Washington College of Law, Director, Project on Addressing Prison Rape, Brenda V. Smith
Congressional and Other Testimony

National PREA Auditor Training_January 13-17, 2014, Brenda V. Smith
Presentations

2013

Soft Whistleblowing, Amanda Leiter
Amanda Leiter

PDF

DOJ 'Finally' Implementing Anti-Prison Rape Policies, 10 Years After Congressional Vote, Brenda V. Smith, Steven Nelson
Popular Media

The National PREA Standards: Confidentiality, Ethics and the Law, Brenda V. Smith
Presentations

Regional Training: Human Resources and Administrative Investigations, Brenda V. Smith
Presentations

Advocates Meeting Regarding Recent Developments in Implementing PREA, Brenda V. Smith
Presentations

Anti-Fraternization Polices and their Utility in Preventing Staff Sexual Abuse in Custody, Brenda V. Smith, Melissa C. Loomis, Takiya Wheeler
Reports

The National PREA Standards: Implications for Human Resource Practices in Correctional Settings, Brenda V. Smith, Susan Carle
Presentations

Unlocking Secure Communities: The Role of the Freedom of Information Act in the Department of Homeland Security's Secure Communities, Erica Lynn Tokar
Legislation and Policy Brief

PDF

Comments on behalf of the former National Prison Rape Elimination Commission (NPREC), Brenda V. Smith
Congressional and Other Testimony

Should Congress Create a Special Category of SSA ALJs, Jeffrey Lubbers
Articles in Law Reviews & Other Academic Journals

PDF

Instructor’s Guide: Responding to Inmate on Inmate Sexual Violence, Brenda V. Smith, Jaime M. Yarussi
Reports

The Illusion of Interchangeability: The Benefits and Dangers of Guidance-Plus Rulemaking in the FDA's Biosimilar Approval Process, Jonathan Stroud
Jonathan R. K. Stroud

Implementing The Prison Rape Elimination Act: A Toolkit for Juvenile Agencies and Facilities, Brenda V. Smith, Dee Halley, Morris Thigpen, Adam Barnett, Michael Dempsey, Kevin Mulroony, Robert Sayasane, Chad Burkhead, Dr. Gary Dennis, Susan W. McCampbell, Michael S. McCampbell, Caleb Asbridge, Rachel Bosley, Elizabeth Price Layman, Andie Moss, Jeff Shorba, Shaina Vanek, Jaime Yarussi, Council of Juvenile Correctional Administrators, National Partnership for Juvenile Services, American Correctional Association, Thomas Adamski, Kevin Bernatz, Lisa Bjergaard, Joe Blume, Tim Decker, Dr. Robert DeComo, Dianne Gadow, David Gaspar, Kim Godfrey, Simon Gonsoulin, Macilla “Kila” Jager, Ken Jeske, Steve Jett, Dr. Mary Livers, Ned Loughran, Philippe Magloire, Karin Magnelli, Terry Martinek, Kurt Pfisterer, Elissa Rumsey, Ellyn Toney, Cherie Townsend, Jacqueline Urbach, Jerome Williams
Presentations

Operationalizing PREA: Human Resources and Administrative Investigations, Brenda V. Smith
Presentations

2012

Shaping Legislation: The Federal Circuit’s Emerging Dialogic Relationship with Congress, Jonas Anderson
J. Jonas Anderson

Reviewing the American University Law Review on Extraterritoriality: A Critical Response to Viki Economides, Note, Tianrui Group Co. v. ITC: The Dubious Status of Extraterritoriality and the Domestic Industry Requirement Requirement of Section 337(Link), Jonathan R. K. Stroud
Jonathan R. K. Stroud

PDF

Reviewing the American University Law Review on Extraterritoriality: A Critical Response to Viki Economides, Note, Tianrui Group Co. v. ITC: The Dubious Status of Extraterritoriality and the Domestic Industry Requirement Requirement of Section 337(Link), Jonathan Stroud
Articles in Law Reviews & Other Academic Journals

PDF

The Prison Rape Elimination Act (PREA) and the Juvenile Justice and Delinquency Prevention Act (JJDPA): Important Protections for Youth in Custody, Brenda V. Smith
Presentations

Commentary: Environmental Justice and the BP Oil Spill: Does Anyone Care About The "Small People" of Color?, Perry Wallace
Perry Wallace

PDF

Making the Case for Wilderness: The Bureau of Land Management’s Wild Lands Policy and Its Role in the Storied History of Wilderness Protection, Maureen O’Dea Brill
Legislation and Policy Brief

PDF

The Disappearing Provision: Medical Liability Reform Vanishes From The Patient Protection and Affordable Care Act Despite State Court Split, Rafael Andre Roberti
Legislation and Policy Brief

PDF

PREA 101 for Adult Prisons, Brenda V. Smith
Presentations

PDF

Administrative Law Through the Lens of Immigration Law,
Administrative Law Review

Comments on H.R. 3010, The Regulatory Accountability Act of 2011,
Administrative Law Review

Piercing Glomar: Using the Freedom of Information Act and the Official Acknowledgment Doctrine to Keep Government Secrecy in Check,
Administrative Law Review

Dismantling a Dual-Headed System of Governance: How a Regulatory Overlap Undercuts the Security of Student Health Information in Public Schools,
Administrative Law Review

Partial Valuation in Cost-Benefit Analysis,
Administrative Law Review

PREA 101 for Community Corrections Agencies, Brenda V. Smith
Presentations

PDF

PREA 101 for Juvenile Justice Agencies, Brenda V. Smith
Presentations

PDF

Overview of Substantive and Administrative Issues, Brenda V. Smith
Presentations

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Carol’s Question, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports

PDF

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Charlie’s Report, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports

PDF

Ending Silence: Youth Speaking Up about Sexual Abuse in Custody - Mary’s Friend, Brenda V. Smith, Stephanie A. Kinard, Jaime M. Yarussi, Michael J. Auger
Reports

PDF

2011

Setting Labor Policy Prospectively: Rulemaking, Adjudicating, and What the NLRB Can Learn from the NMB's Representation Election Procedure Rule, Emily Baver
Administrative Law Review

Calibrating Chevron for Preemption, Gregory M. Dickinson
Administrative Law Review

A Cost-Benefit Interpretation of the "Substantially Similar" Hurdle in the Congressional Review Act: Can OSHA Ever Utter the E-Word (Ergonomics) Again?, Adam M. Finkel, Jason W. Sullivan
Administrative Law Review

Legal Issues in E-Rulemaking, Bridget C.E. Dooling
Administrative Law Review

Mr. Justice Marshall Rothstein, Supreme Court of Canada, Address to the American Bar Association, Section of Administrative Law and Regulatory Practice, Justice Marshall Rothstein
Administrative Law Review

Fixing the Flaws in the Federal Vaccine Injury Compensation Program, Peter H. Meyers
Administrative Law Review

A Regulatory Quick Fix for Carcieri v. Salazar: How the Department of Interior Can Invoke an Alternative Source of Existing Statutory Authority to Overcome an Adverse Judgment Under the Chevron Doctrine, Howard L. Highland
Administrative Law Review

The Department of Veterans Affairs' Entitlement Complex: Attorney Fees and Adminsitrative Offset After Astrue v. Ratliff, Stacy L.Z. Edwards
Administrative Law Review

The Illusion of Interchangeability: The Benefits and Dangers of Guidance-Plus Rulemaking in the FDA's Biosimilar Approval Process, Jonathan Stroud
Administrative Law Review

Lobbying Law in the Spotlight: Challenges and Proposed Improvements,
Administrative Law Review

An Inductive Understanding of Separation of Powers, Jack M. Beermann
Administrative Law Review

An Empirical Study of Agency Interpretations of Agency Rules, Richard J. Pierce Jr, Joshua Weiss
Administrative Law Review

Fees From Mars: Why the FTC Needs to Regulate Mortgage Assistance Relief Services (MARS) Fees, Alexander Lutch
Administrative Law Review

Rule by Reasonableness, David Zaring
Administrative Law Review

Uncomfortable Spaces – Female Correctional Staff and Sex in the Workplace, Brenda V. Smith
Presentations

Federal Register 2.0: Public Participation in the Twenty-First Century, Lauren R. Dudley
Legislation and Policy Brief

PDF

"Going Green" the Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers in Pursuit of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief

PDF

Addressing the Unintended Consequences of an Enhanced SEC Whistleblower Bounty Program, Ted Uliassu
Administrative Law Review

The Petition is Mightier than the Sword: Rediscovering an Old Weapon in the Battles over "Regulation Through Guidance", Sean Croston
Administrative Law Review

The Board of Immigration Appeals' Standard of Review: An Argument for Regulatory Reform, Scott Rempell
Administrative Law Review

Duplicative Delegations, Jason Marisam
Administrative Law Review