Administrative Discretion

• Administrative discretion

• Administrative 'Interpretation' As Policy-Making: An Abuse of Discretion by Presidential Administrations

Because it is more difficult to get new statutes passed or to amend statutes that have been adopted, presidential administrations may resort to adopting new "interpretations" of statutes in order to further their policy agendas. In the literature, this strategy has often been among those included within "the administrative presidency." Since the Nixon administration, the administrative presidency approach has become an accepted and expected part of a president's strategy for furthering his administration's policy goals. This article reviews Supreme Court cases that illustrate how the two most recent presidential administrations have abused this approach to policy transformation and suggests that among the longer-term impacts of such abuse may be the undermining of the U.S. Constitution,...

• Administrative Theory & Praxis
• Vol. 31 Nbr. 4, December 2009

• Administrative Discretion

The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decis...

• West's Encyclopedia of American Law
• A–Ba

• (Potentially) Resolving the Ever-Present Debate over Whether Noncitizens in Removal Proceedings Have a Due-Process Right to Effective Assistance of Counsel

A noncitizen in removal proceedings who alleges that his or her counsel’s deficient performance detrimentally affected his or her claim can file a motion to reopen the proceedings based on a claim of ineffective assistance of counsel. The circuit courts are split as to whether a noncitizen’s right to reopen his or her removal proceeding is solely a matter of administrative discretion or a fundamental right rooted in the Fifth Amendment’s Due Process Clause. This Note applies a modified version of the Supreme Court’s procedural-due-process balancing test and the European Court of Human Rights’ three-tiered Engel test to demonstrate that despite their classification as "civil" matters, removal proceedings implicate the same liberty concerns present in criminal prosecutions, and therefore ...

• Iowa Law Review
• Nbr. 96-2, January 2011

• Target Industries v. Stubbs, (Ohio 2011)

ADMINISTRATIVE APPEAL; R.C. 119.12/REVIEW OF AN ORDER OF AN ADMINISTRATIVE AGENCY; ABUSE OF DISCRETION; R.C. 3737.01/RESPONSIBLE PERSON; LANDLORD OUT OF POSSESSION OF PREMISES

• Ohio Supreme Court

• Martinez v. Greene, (Ohio 2011)

abuse of discretion; termination; administrative appeal; racial; derogatory; “removable infractions”; R.C.124.34; R.C. 119.12; hearsay; public

• Ohio Supreme Court

• 5 CFR 330.102 - Federal employment information.

...Subpart A: Discretion in Filling Vacancies. 330.102 - Federal employmen...

• Code of Federal Regulations - Title 5: Administrative Personnel

• Discretion in Decision Making

..., trial and appellate judges, and administrative agencies are among the public officers and offices...

• West's Encyclopedia of American Law
• Com–Dor

• Obama Flouts Law with Policy On Deportations, Senators Say

Eighteen Republican senators led by the Senate Judiciary Committee's ranking member, Sen. Charles E. Grassley, are questioning the Obama administration's immigration policies, saying they go beyond the scope of the law and allow those who entered the country illegally to remain. Citing a June 17 memo from U.S. Immigration and Customs Enforcement (ICE) and an Aug. 18 directive by Homeland Security Secretary Janet Napolitano, the senators criticized in a letter Monday to President Obama policies they said "outline and encourage" increased use of prosecutorial discretion and administrative closure of cases pending before the courts.

• The Washington Times
• September 28, 2011

• Cimino v. Cleveland Hts. Bd. of Zoning Appeals, (Ohio 2011)

Administrative appeal, R.C. Chapter 2506; abuse of discretion; evidentiary hearing; R.C. 2506.02; R.C. 2506.03; Duncan factors; practical difficulty; waiver.

• Ohio Supreme Court

• Limiting agency discretion in rulemaking under the federal and Florida Administrative Procedure Acts.

Since their respective adoptions, both the federal Administrative Procedure Act and Florida's Administrative Procedure Act have become increasingly co...

• Florida Bar Journal
• Vol. 75 Nbr. 1, January 2001