Administrative Law: Cases and Materials Book
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Recommended Citation
Louis J. Virelli et al., Administrative Law: Cases and Materials (8th ed., 2020)Clicking on the button will copy the full recommended citation.
Louis J. Virelli III
Biography
Administrative Law: Cases and Materials: Teacher’s Manual Book
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Recommended Citation
Louis J. Virelli et al., Administrative Law: Cases and Materials: Teacher’s Manual (8th ed., 2020)Clicking on the button will copy the full recommended citation.
Administrative Law Book Chapter
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Recommended Citation
Louis J. Virelli, Administrative Law, in Overview of U.S. Law (Ellen S. Podgor and J. R. Swanegan eds., 2nd ed., Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
Animus Symposium: Symposium Introduction Article
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Recommended Citation
Louis J. Virelli, Animus Symposium: Symposium Introduction, 48 Stetson L. Rev. 173 (2019)Clicking on the button will copy the full recommended citation.
2019
Secret Policies Article
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Recommended Citation
Ellen S. Podgor and Louis J. Virelli, Secret Policies, 2019 U. Ill. L. Rev. 463 (2019)Clicking on the button will copy the full recommended citation.
This Article examines secret agency policies. Clearly when the directives relate to military or national security matters, secrecy is essential. But should the public be viewers of the DACA Manual’s guidance on when administrative relief will be provided to immigrants brought to the U.S. as children by their undocumented parents? What about the Department of Justice policy related to the dismissal of False Claim Act cases or the written procedures that are used by Assistant United States Attorneys in providing criminal discovery to defense counsel? Written policies veiled in secrecy can be detrimental to achieving transparency and legitimacy in government.
In focusing on these written internal policies that do not pertain to a specific legal matter, this Article looks beyond the Freedom of Information Act (FOIA) and its exemptions. It discusses the need to maintain an appropriate balance between government transparency and the need for some matters to be kept private, and the importance of agency expertise, accountability, and efficiency in determining a need for transparency. Factored into this equation are the ethical repercussions of secret policies when government employees leave the agency with inside information.
The Mueller Investigation and Beyond Book
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Recommended Citation
Ellen S. Podgor et al., The Mueller Investigation and Beyond (Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
2018
(A Bit More) On Judicial Speech and the First Amendment Article
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Recommended Citation
Louis J. Virelli, (A Bit More) On Judicial Speech and the First Amendment, 79 Ohio St. L.J. Furthermore 83 (2018)Clicking on the button will copy the full recommended citation.
Accountability in Criminal Discovery Book Chapter
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Recommended Citation
Ellen S. Podgor and Louis J. Virelli, Accountability in Criminal Discovery, in Comparative Perspectives on Privacy in an Internet Era (Russell L. Weaver et al. eds., Carolina Academic Press, 2018)Clicking on the button will copy the full recommended citation.
2016
Transparency and Policymaking at the Supreme Court Article
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Recommended Citation
Louis J. Virelli, Transparency and Policymaking at the Supreme Court, 32 Ga. St. U. L. Rev. 903 (2016)Clicking on the button will copy the full recommended citation.
Transparency is undoubtedly an important principle in a democratic government. It is not, however, necessarily a one-size-fits-all proposition. This holds true for issues of transparency at the Supreme Court. Whereas the Court’s traditional adjudicative responsibilities fit comfortably within norms of transparent decision making like publishing written opinions in merits cases, some of its other, more policy-oriented roles do not. This short paper considers two areas in which the Court’s activities more closely resemble policy judgments than traditional adjudication — certiorari and recusal — and uses them as examples of how the nature of the Court’s activity can impact the value of transparency in that activity. It does not seek to prove that transparency is per se less valuable in certiorari and recusal decisions, but rather to highlight the highly discretionary nature of those decisions and to propose that granting such a high degree of latitude to the Court also triggers some of the protections, like the deliberative process privilege, that are more commonly associated with policymaking by administrative agencies. The result is a call for a more context-based dialogue about transparency at the Court in hopes of promoting both our democratic values and the legitimacy of one of our most important institutions.
Disqualifying the High Court: Supreme Court Recusal and the Constitution Book
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Recommended Citation
Louis J. Virelli, Disqualifying the High Court: Supreme Court Recusal and the Constitution (University Press of Kansas, 2016)Clicking on the button will copy the full recommended citation.