Category Archives: Administrative law

Administrative law news articles, reiews, notes and blog examples.

What to Include in a Memorandum of Intent for Your Child with Special Needs

If you have created a Special Needs Trust for your disabled child, you are well on your way to making sure that your child’s future is secure. But, you have more work to do. You should create a Memorandum of Intent (this is also known as a Letter of Intent.) A Memorandum of Intent is a companion document to a Special Needs Trust. This document ensures that your trustee knows your child’s abilities, routines, likes and dislikes, and any particular interests they may have. In addition, the memorandum should specify doctors and any other resources that will help your child enjoy the highest level of independence. No one knows your child like you do, so this is your opportunity to document everything you know so the trustee can help your child live his or her best life. Here are suggestions for what to include in your Memorandum of Intent: Family history Medical history Religion Resources that provide assistance to people with disabilities in your child’s local….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , , | Leave a comment

Successful GAO Price Realism Protest Requires the Right Solicitation

Small businesses are frustrated when underbid by competitors for federal task orders.  These businesses may challenge awards based on price realism.  They may even have evidence the contract cannot be performed at the offered price.  While the evidence may be compelling and change the outcome of an award decision, it will not be considered – unless the solicitation specifically requires an evaluation of the price realism. In the Matter of Earth Resources Technology This evaluation principle was reiterated on September 18, 2018 when the Government Accountability Office (GAO) released an unprotected version of its decision in the Matter of:  Earth Resources Technology Inc., File:  B-416415; B-416415.2, dated:  August 31, 2018. The GAO decision discussed two other issues (unstated evaluation criteria is allowed if reasonable; and, agencies can ignore information about key personnel if the information is not in the proposal), but it is the….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , , , | Leave a comment

CRA Resolutions Against Agency Guidance Are Meaningless

After years of dormancy, the Congressional Review Act (CRA) has helped Congress overturn multiple Obama-era regulations. Congress has even overturned an agency guidance document, leading many observers to assert that an enormous amount of additional guidance documents are vulnerable. But we believe that using the CRA to overrule agency guidance documents and interpretations will be an empty gesture. The CRA is meant to attack “legislative”-type policymaking, rules that have legal consequence of their own. A guidance document, by contrast, only informs the public about policies or preferences that an agency could maintain with or without the guidance. Invalidating the message—or even the messenger—does not change the underlying agency activity. The CRA gives Congress a time-limited opportunity to nullify any agency rule via a joint resolution that simply states that the rule “shall have no force or effect.” A “rule that does not take….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , | Leave a comment

Wisconsin jobs numbers still poor

Jake’s blog is providing excellent analysis of DWD’s job numbers. So, see his September review of the “gold standard” job numbers and his examination of an ALEC report that tries to claim Wisconsin is doing better than Minnesota (short answer: Minn. is doing better). As Jake writes: I know administrations of all parties try to put a positive face on how things are going in their state/country. But when that crosses the line into blatantly dishonest campaign cheerleading that can be taken apart with 30 minutes of googling the source data, I get offended. And there are few more defining characteristics of the Walker Administration than offensive cynicism at taxpayer expense... To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , , , | Leave a comment

Kimberly-Clark deal: Really?

Jake’s blog runs through the numbers of the proposed jobs package and finds a much more efficient and far-reaching method for helping the affected workers: OK, you’re concerned about the people losing their jobs? Why don’t we put together a package that says all of the 610 workers that lose their jobs are eligible for $1,000 a week for the next year (or full salary, whichever is less) – basically a state severance. That would give plenty of time for those individuals to land on their feet with little change in their quality of life. Maximum cost for 1 year? $31.7 million, less than 1/3 of what the total K-C bailout would cost. I’m sure the workers would take this deal in a heart beat when compared to the proposed bailout package that pads the coffers of an already highly profitable company. There is more here about property taxes and other facets of the bailout. But, these job numbers are the meat and potatoes of this package. Rather, the corporate….. To continue reading this legal news please click Read full information...

Posted in Administrative law | Tagged , , | Leave a comment