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Administrative Law

National security decisions and arbitrary and capricious review

The intersection of national security determinations and arbitrary and capricious review presents one of the most...

Federal Employee Rights Under the “Fork Directive” Resignation Option

In January 2025, over two million federal employees received an email from the Office of Personnel...

What Common Mistakes Should I Avoid When Arguing a Case Based on Arbitrary and Capricious Standards?

When presenting arguments challenging agency decisions under the arbitrary and capricious standard, attorneys frequently make critical...

Education Department Downsizing: Legal Analysis of McMahon’s Elimination Strategy

The recent Education Department downsizing has ignited intense legal debate regarding the constitutional boundaries of executive...

Consumer protection regulations: Arbitrary and capricious considerations

The arbitrary and capricious standard serves as a critical judicial check on regulatory overreach in the...

Administrative Procedure Act: The Key Law in Trump Administration Lawsuits

The Administrative Procedure Act has emerged as the central legal battleground in challenges to Trump administration...

Separation of Powers: Can DOGE Legally Operate Outside Government Structure?

The fundamental principle of separation of powers lies at the heart of the American constitutional system,...

Constitutional Limits on Presidential Power to Reorganize Federal Agencies

In the American constitutional system, the President’s authority to reorganize federal agencies is subject to significant...

Unitary Executive Theory: Legal Implications for Presidential Power Expansion

The unitary executive theory stands as one of the most consequential constitutional doctrines shaping the modern...

What kinds of evidence are required to support a claim of arbitrary and capricious behavior?

Establishing a claim of arbitrary and capricious behavior requires specific types of evidence that demonstrate an...

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