Main Flashcards

Question

EOP

Answer 1

Executive Office of the President

Answer 2

Office of Management & Budget - oversees the implementation of the executive branch largest office of the Executive Office of the President

Answer 3

- very powerful agency - w/in OMB - born out of EO Reagan 1981 to be a CHECK on agencies (cont. by EO Clinton 1993 aka bi-partisan) - jobs: (1) coordinate and (2) cost-benefit analysis

Answer 4

OIRA coordinates 100s of agencies

Answer 5

- OIRA reviews admin rulemaking at 2pts (front and backend) - review dependent agencies - only reviews major rules ($100M/yr impact) -- ex: petite pickles not big enough change/industry; ex: HHS pregant women eating fish = big enough

Answer 6

enormous power can delay rule hard essentially complete control gate-keeping authority cost-benefit analysis == can be pretty wonky (ex: COB Analysis of DOJ's Prison Rape Elimination Act . . . trying to come up with numbers: $310k/victim society willing to pay to prevent rape vs. $480k for victim to accept being raped) --- gruesome, somewhat arbitrary)

Answer 7

- by EO Reagan - government seen as the problem, not solution - part of campaign of deregulating industries - OIRA = powerful CHECK on agencies

Answer 8

quality of being lenient

Answer 9

- substantive canon of construction - rule of STRICT CONSTRUCTION - ambiguity or vagueness in laws whose purpose is to punish i.e. fine or imprisonment (usually a criminal statute) should be construed strictly - used b/c of issues w due process and mens rea - lenity = "quality of being lenient" - cases: Yates (fish), Marshall (LSD), McBoyle (plane)

Answer 10

LSD case 1990 decided statute: selling >1g of "mixture" or substance containing "detectable amount" LSD --> 5y selling >10g of mixture or substance containing LCD --> 10y whether "carrier" of LSD = mixture/substance containing LSD construed statute strictly: - "mixture" as a mixture (the way the LSD solution mixed with the paper and became part of the paper vs. LSD carried by plane or in glass bottle) - "detectable amount" = doesn't have to be pure

Answer 11

fish case 2015 decided Statute: 18 USC 1519 : punishes anyone who knowingly alters, falsifies, destroys records, documents, or any "tangible object" in interference of fed investigation Captain Yates violation of conservation act via undersized red grouper rule of lenity used by majority Ginsburg opinion construed "tangible object" strictly

Answer 12

plane case 1931 decided federal statute: prohibited transportation of stolen "motor vehicles" including "automobile, auto truck, auto wagon, or other self-propelled not designed for rails" defendant stole and transported airplane vague/ambiguous b/c airplane NOT prototypical motor vehicle motor vehicle construed strictly

Answer 13

- form of the law and final stage of publication - Office of Law Revision Council runs this process - clean up, reprint, and organize by subject matter and then COMPILE - broken up into TITLES - code is NOT actual law (the statutes at large are actual laws) - Code is more prima facie evidence - however, Congress has enacted sections of the Code over the years

Answer 14

formalist theory of law interpretation that will look to the ordinary meaning of the legal text and most strictly does not look to outside the text (like at intent, purpose, values, etc.) to interpret the law. However, there are varieties of textualism with different degrees.

Answer 15

1. strict textualism 2. purposive textualism 3. soft textualism 4. pragmatic textualism

Answer 16

- only look to the text of the statute and other similar statutes for an answer and STICK TO IT, even if it creates absurd results - looking at ordinary meaning of the text (maybe using dictionary at the time to see what the ordinary meaning was at the time) - NEVER look to legislative/statutory history or scholarly articles - Ex: Lock case (where weird results with the end of year dates) - Ex: LSD case ("we know this is crazy, but")

Answer 17

LSD case 1990 decided statute: selling >1g of "mixture" or substance containing "detectable amount" LSD --> 5y selling >10g of mixture or substance containing LSD --> 10y whether "carrier" of LSD = mixture/substance containing LSD construed statute strictly: - "mixture" as a mixture (the way the LSD solution mixed with the paper and became part of the paper vs. LSD carried by plane or in glass bottle) - "detectable amount" = doesn't have to be pure ABSURD result: drug makers with 9g of pure LSD vs. sellers with 1g in 10g carrier

Answer 18

- text is the primary source for meaning - looking outside the text when results are absurd - example: TVA dissent - example: Breyer's religious speaker argument in Holy Trinity - strengths: - weakness: what is absurd?

Answer 19

- the text: Endangered Species Act: all fed agency actions may NOT jeopardize the existence of endangered species or result in the destruction or modification of its habitat - facts: snail darter determined endangered; area of dam construction determined last habitat - Dissent Powell/Burger source of meaning: looks primarily to the text but ABUSRD RESULT (abandoning virtually completed damn project spent $100M) --> so look outside the text at (1) congressional intent via congressional appropriations (congress kept funding the project) & (2) absence of legsilative history (no discussion about what to do about ongoing projects)

Answer 20

- text is the primary source of meaning - test is NOT the exclusive source of meaning - looking outside/beyond the text when you want and at the very least to confirm your understanding of the text - ex: TVA majority

Answer 21

- the text: Endangered Species Act: all fed agency actions may NOT jeopardize the existence of endangered species or result in the destruction or modification of its habitat - facts: snail darter determined endangered; area of dam construction determined last habitat - source of meaning: majority goes beyond the text and looks at history 1. statutory history to argue that prior reiterations were too accommodating + 2. congress didn't put any exceptions & meant it Absurd Result = tiny goofy fish caused loss of $100M project already nearly funded

Answer 22

- primary source is the text but not exclusive source for meaning - look outside the text when text is ambigious/not specific . . . and draw upon morals - example: Marshall dissent (Posner) - Weakness: accusing "Congress as "not thinking at all" and stepping in to interpret kinda goes against the concept of legislative power and democracy concept . . . a little bit of judicial activism here and legal realism (decided the ends first and justifying the means later)

Answer 23

wants to expand the analysis to look at the different carriers paper . . . vs. sugar cube . . . vs. brick carrier wholesale vs. retail distinctions heroin vs. LSD distinctions pure vs. mixture how the law should be . . . costs/benefits what would be the best outcome on society

Main Flashcards

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