Teaching Constitutional Law, Administrative Law, and Health Law as Presidential Administrations Change

When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the work of its predecessor and the constraints the law imposes on the exercise of discretion. After surveying the increasing use of the Congressional Review Act to reverse the regulatory actions of a predecessor administration, Part I of the Article explores other administrative law tools available to halt or redirect regulatory actions with which an incoming administration disagrees. Part II examines some of the signature cases involving judicial review of agency action to illustrate the constraints courts may impose on changes in administrative policy. Parts III, IV, and V examine how courts have dealt with policy changes in federal health care programs and the potential impact of changes in the presidential approach to the appointment of administrative adjudicators. The Article closes with some reflections on how this author’s experiences working in state and federal government have informed her view of government decision-making

Teaching Constitutional Law, Administrative Law, and Health Law as Presidential Administrations Change

When elections bring about changes in the political party of the president, the shifts frequently involve a change in the philosophies that inform the approach to governing. In teaching constitutional law, administrative law, and health law, this author cautions students to consider the political content of agency actions underlying the judicial opinions studied. Examining the political and discretionary judgment government officials exercise may provide an explanation for the results or an analysis when the law does not seem to account for the agency action or court decision. This Article examines the opportunities available to an incoming administration to undo the work of its predecessor and the constraints the law imposes on the exercise of discretion. After surveying the increasing use of the Congressional Review Act to reverse the regulatory actions of a predecessor administration, Part I of the Article explores other administrative law tools available to halt or redirect regulatory actions with which an incoming administration disagrees. Part II examines some of the signature cases involving judicial review of agency action to illustrate the constraints courts may impose on changes in administrative policy. Parts III, IV, and V examine how courts have dealt with policy changes in federal health care programs and the potential impact of changes in the presidential approach to the appointment of administrative adjudicators. The Article closes with some reflections on how this author’s experiences working in state and federal government have informed her view of government decision-making

The Role of Federal Governments in Pandemics

How can governments design social safety nets to reduce the individual, societal, and global impact of a pandemic

Post-Fordist work: a man's world? Gender and working overtime in the Netherlands

There is debate about whether the post-Fordist or high-performance work organization can overcome the disadvantages women encounter in traditional gendered organizations. Some authors argue that substituting a performance logic for control by the clock offers opportunities for combining work and family life in a more natural way. Critics respond that these organizational reforms do not address the nonresponsibility of firms for caring duties at a more fundamental level. The authors address this debate through an analysis of overtime work, using data from a survey of 1,114 employees in 30 Dutch organizations. The findings reveal that post-Fordist work is associated with more overtime hours than traditional forms of work and that far from challenging gendered organization, it reproduces and exacerbates the traditional male model of work.